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HomeMy WebLinkAbout6-20-2023 FORMAL SESSION AGENDA CITY OF VI- GINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large C01A4FIC VICE MAYOR ROSEMARY WILSON—District S 4 MICHAEL F.BERLUCCHI—District 3 O4 �;�j y y BARBARA M.HENLEY—District 2 C ' 4. 411 N.D. "ROCKY"HOLCOMB—District 1 U „' .- j ROBERT W. "WORTH"REMICK—District 6 sQ } ?�Z DR.AMELIA N.ROSS-HAMMOND—District 4 • JENNIFER ROUSE—District 10 ~' JOASHUA F. "JOASH"SCHULMAN—District 9 °` OUR N.,‘OM CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY—MARKD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR—LYND ON S.REMIAS June 20, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:00 PM A. CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM Dr. Shirley Auguste, Executive Director (Requested by Council Members Remick,Taylor and Wooten) B. ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE 12:30 PM Andrew Block, Director—State and Local Government Policy Clinic at the University of Virginia School of Law Kara S. Fitzgibbon, Director of the Center for Survey Research Weldon Cooper Center for Public Service Charles W. Hartgrove, Director—Virginia Institute of Government University of Virginia's Weldon Cooper Center for Public Service C. INDEPENDENT CITIZEN REVIEW BOARD UPDATE 1:30 PM Melissa Zibutis, Chief of Staff—City Manager's Office Johnathan Tones, Community Affairs Liaison (Requested By Council Members Remick, Taylor and Wooten) II. CITY MANAGER'S BRIEFING A. RECYCLING PROGRAM UPDATE 2:15 PM L.J. Hansen, Director—Public Works Tiffany Russell, Director—Communications III. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS June 6, 2023 2. SPECIAL FORMAL SESSION June 13, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Sister Cities Association of Virginia Beach Ruth Fraser 2. PROCLAMATION—LGBTQ Pride Month Nick Dintelmann, President—Hampton Roads Pride Stacie Walls, Chief Executive Officer—LGBT Life Center Sunny Haynes, Board Member—Transgender Assistance Program of Virginia Nathan Rudman, Interim Commissioner—Stonewall Sports Norfolk Alexander Pouder, Treasurer—Stonewall Sports Norfolk 3. PROCLAMATION—Tornado Response Appreciation The American Red Cross Bojangles—Vince Stuccio, Director of Operations and Kirk Hartman, COO accepting Catholic Charities of Eastern Virginia—Tracy Fick, CEO accepting Chick-Fil-A Marketplace at Hilltop—Dave Cheney accepting Chris Jancewicz of the Chesapeake Police Department Food Lion—Maria Bowman and Hannah Anderson accepting Green Cross Academy of Traumatology Harris Teeter Joseph Rubino of the Portsmouth Fire Department Justin Weston of the Newport News Fire Department—Division of Emergency Management Medical Reserve Corps—Melissa Reid, Virginia Beach Medical Reserve Corps Volunteer Coordinator accepting Mercy Chefs—Mercy Chefs and Gary LeBlanc The National Weather Service(NWS —Wakefield) Papa John's Peace and Love Donuts Pungo Brothers BBQ Sharon Chamberlin of the Chesapeake Emergency Management Southern Baptist Disaster Relief Spring Branch Community Church—Lori &Arthur Mace and Clyde&Deb Houck accepting Starbucks United Way of South Hampton Roads—Vivien McMahan accepting The Virginia Beach Community Emergency Response Team—Myron G. Nahra accepting Virginia United Methodist Church Disaster Relief Volunteer Hampton Roads—Stephanie Gorham accepting I. BID OPENING 1. COMMUNICATION TOWER LEASE AGREEMENT FOR CITY OWNED PROPERTY-Telecommunication Services J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located at the Southeast perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunications services 2. Ordinance to ADD City Code Section 35.14 re allow proration of personal property elderly and disabled tax rate(Requested by the Commissioner of Revenue) 3. Ordinance to ADD City Code Section 2-215.4 re authorize alternative bonding requirements for indefmite deliver quantity contracts 4. Ordinance to END the Declaration of a Local Emergency re severe thunderstorms and tornadoes on April 30,2023 5. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2023, re view each street or alley proposed to be closed 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement between the City and Sister Cities Association of Virginia Beach, Inc. re update outdated provisions (Requested by Mayor Dyer and Council Member Berlucchi) 7. Ordinance to AUTHORIZE extension of the employment contract for the City Manager (Requested by the City Council) 8. Ordinance re the Compensation of the City Manager effective July 1, 2023 (Requested by City Council) 9. Ordinance re the Compensation of the City Attorney effective July 1, 2023 (Requested by City Council) 10. Ordinance re the Compensation of the City Clerk effective July 1, 2023 (Requested by City Council) 11. Ordinance re the Compensation of the City Real Estate Assessor effective July 1,2023 (Requested by City Council) 12. Ordinance re the Compensation to the City Auditor effective July 1, 2023 (Requested by City Council) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as West Canal re construct and maintain a proposed vinyl bulkhead with ten feet (10') return, four (4) timber piles, boat lift, pier, gangway, and floating pier at 2308 Windward Shore Drive DISTRICT 8 14. Resolution to RENEW permits to ALLOW Medical Emergency Services agencies to operate in the City re Pahala Park, LLC d/b/a Coastal Event Medical Management, Fast Track EMS,LLC,MB Solutions, LLC, and Shore Transport Services, Inc 15. Ordinance to TRANSFER $900,000 from Vacancy Savings in the General Fund to the FY2022-23 Virginia Beach Sheriffs Office Operating Budget re cover increased food and medical costs (Requested by the Virginia Beach Sheriffs Office) 16. Ordinance to APPROPRIATE $125,000 from the Tourism Investment Program (TIP) Fund Balance to the FY2022-23 Convention and Visitors Bureau Operating Budget re support the action sport series at various locations 17. Ordinance to APPROPRIATE $150,000 of Fund Balance in the Tourism Investment Program (TIP) Fund to the FY2023-24 Convention and Visitors Bureau Operating Budget and to AUTHORIZE additional sponsorship funds to the Symphony by the Sea Concert Series ($50,000) and to the Neptune Festival ($100,000) and provide direction the City Manager re future funding for such events (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman) L. PLANNING 1. BONNEY'S CORNER ASSOCIATES, LLP for a Conditional Change of Zoning from B2 Community Business District to Conditional B4 Mixed Use District re 81,150 square feet of retail& up to 322 multi-family dwelling units at 1385 Fordham Drive DISTRICT 1 (Deferred from January 17, 2023) RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2 Approved December 13, 2016 (Deferred from June 6, 2023) RECOMMENDATION: APPROVAL 3. COMMONWEALTH CATHOLIC CHARITIES / CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re group home at 642 North Lynnhaven Road DISTRICT 8 (Deferred from May 16, 2023) RECOMMENDATION: APPROVAL 4. THOMAS A. BROWN for a Variance Section 4.4(b)&(d) of the Subdivision Regulations re reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL APPLICANT REQUEST DEFERRAL TO JULY 11, 2023 5. ALACRITY, LLC / OLD BRANDON FIRST COLONIAL ASSOCIATES, LLC, for a Conditional Use Permit re body piercing establishment at 1721 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 6. CAROLINE, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 605 DISTRICT 5 RECOMMENDATION: APPROVAL 7. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th 1/2 Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th Y2 Street DISTRICT 6 RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING 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/weblink/register/rec74847f227efbb07153 c 16d5 fdc7d97 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 20, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:00 PM A. CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM Dr. Shirley Auguste, Executive Director (Requested by Council Members Remick,Taylor and Wooten) B. ELECTION SYSTEM COMMUNITY ENGAGEMENT UPDATE 12:30 PM Andrew Block, Director—State and Local Government Policy Clinic at the University of Virginia School of Law Kara S. Fitzgibbon, Director of the Center for Survey Research Weldon Cooper Center for Public Service Charles W. Hartgrove, Director—Virginia Institute of Government University of Virginia's Weldon Cooper Center for Public Service C. INDEPENDENT CITIZEN REVIEW BOARD UPDATE 1:30 PM Melissa Zibutis, Chief of Staff—City Manager's Office Johnathan Torres, Community Affairs Liaison (Requested By Council Members Remick, Taylor and Wooten) II. CITY MANAGER'S BRIEFING A. RECYCLING PROGRAM UPDATE 2:15 PM L.J. Hansen, Director—Public Works Tiffany Russell, Director—Communications III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS June 6, 2023 2. SPECIAL FORMAL SESSION June 13, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Sister Cities Association of Virginia Beach Ruth Fraser 2. PROCLAMATION—LGBTQ Pride Month Nick Dintelmann, President—Hampton Roads Pride Stacie Walls, Chief Executive Officer—LGBT Life Center Sunny Haynes, Board Member—Transgender Assistance Program of Virginia Nathan Rudman, Interim Commissioner—Stonewall Sports Norfolk Alexander Pouder, Treasurer—Stonewall Sports Norfolk 3. PROCLAMATION—Tornado Response Appreciation The American Red Cross Bojangles—Vince Stuccio, Director of Operations and Kirk Hartman, COO accepting Catholic Charities of Eastern Virginia—Tracy Fick, CEO accepting Chick-Fil-A Marketplace at Hilltop—Dave Cheney accepting Chris Jancewicz of the Chesapeake Police Department Food Lion—Maria Bowman and Hannah Anderson accepting Green Cross Academy of Traumatology Harris Teeter Joseph Rubino of the Portsmouth Fire Department Justin Weston of the Newport News Fire Department—Division of Emergency Management Medical Reserve Corps—Melissa Reid, Virginia Beach Medical Reserve Corps Volunteer Coordinator accepting Mercy Chefs—Mercy Chefs and Gary LeBlanc The National Weather Service(NWS—Wakefield) Papa John's Peace and Love Donuts Pungo Brothers BBQ Sharon Chamberlin of the Chesapeake Emergency Management Southern Baptist Disaster Relief Spring Branch Community Church—Lori &Arthur Mace and Clyde& Deb Houck accepting Starbucks United Way of South Hampton Roads—Vivien McMahan accepting The Virginia Beach Community Emergency Response Team—Myron G. Nahra accepting Virginia United Methodist Church Disaster Relief Volunteer Hampton Roads—Stephanie Gorham accepting s o GF OUR R now RESOLUTION WHEREAS:On November 26, 1991,the City Council of Virginia Beach adopted a Resolution affirming the City's intent to support the Sister City relationships and exchanges.At that point the City of Moss,Norway already had a close relationship with Virginia Beach and was considered the City's first Sister City;and WHEREAS:Ruth Fraser was the City Clerk at the time and was given the responsibility to coordinate with our Sister Cities. Soon came Sister City;Miyazaki,Japan in 1992 with Ards and North Down Northern,Ireland following in 2001.Later, in 2015 Olongapo City,Philippines joined and then Waiblingen,Germany was welcomed in 2017.Our only Friendship City,San Juan del Sur,Nicaragua was recognized in 2013;and WHEREAS:In 2010,Sister Cities became a private non-profit organization at the direction of the Mayor and Ruth led the transition from a public to private organization;and WHEREAS:Ruth has visited each of our Sister Cities and maintains a close relationship with leaders in each city.Ruth has sponsored home stays with international Sister City friends, made many trips and event arrangements, orchestrated special celebrations, and arranged visits for many international dignitaries to important places in Virginia Beach;and WHEREAS: In 2013, we celebrated the City's Soth Birthday and was recognized by visits from each of our of Sister Cities, all organized and led by Ruth;and WHEREAS:Eventually, Sister Cities International chose Virginia Beach for its 2018 International Conference.Along with the Sister Cities Board,Ruth was able to bring many Sister Cities organizations across the country to Virginia Beach;and WHEREAS:Ruth's love for Sister Cities has enabled many lives to be touched by citizen diplomats. Through Sister Cities there have been K-12 and higher education exchanges,cultural programs developed,enhanced economic development,and many new friendships created;and WHEREAS:Ruth's advocacy for Sister Cities has never wavered. Ruth is truly the greatest Sister City supporter and longest serving Board Member,serving as secretary,keeping meticulous minutes, and as Virginia Beach's representative to the National Sister Cities Association;and WHEREAS:Ruth has been the face and voice of Sister Cities for decades and pours her time and talent into making the organization prosper;and WHEREAS:In a world where civility and problem solving is in short supply,we need more people like Ruth to help build international bridges offriendship to make the world kinder. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to commend Ruth for a lifetime of public service as former City Clerk,Sister Cities Executive Director and Board Member working tirelessly and for goodwill into her 90's! Adopted by the Council of the City of Virginia Beach, Virginia the 20`"day of June 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. 14/1 * 6141011. fio ti Council Member Michael F.Berlucchi Council Member Barbara M. nley Airni•-?Merriirr . "R4ky'Ho comb 1 A)#(4242)414drV Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond ncil'Member Jenn' r e oun Member Joashua F. "Joash"Schulman Council Mem Chris Taylor cil M er Sabnna D. Wooten Vice Mayor semary Wilson Mayor Robert " obby Dyer • 4,0 Up OUR 01,411-4 firottantation Whereas: The City of Virginia Beach remains committed to fostering an inclusive community that welcomes and empowers all In an effort towards continued improvement of the lives of our workforce and citizens,an LCBTQ+Liaison has been identified in each of our public safety departments and in the City Manager's Office.Ire Liaisons examine the city's policies and services through an LCgBTQ+lens and provide a friendly ear to constituents or staff wishing to bring LGB +-related issues to the attention city government, which has led to the City of Virginia(Beach receiving a perfect score on the7fuman Rights Campaign's Municipal(Equalrty Index and Whereas: This City's LGBTQ+ Community members, through tireless volunteerism and advocacy, build strong community partnerships connecting L (BTQ+youth,teens,adults,and families to supportive resources that enhance the physical' mental and social weQ-being of our entire community while demonstrating the capacity of the creative, social economic, and influential force of the LGBTQ+Community and its allies to effect positive change where we live, where we work and where we play;and Whereas: In the movement toward equal rights for lesbian,gay,bisexual and transgender(LcBTQ+)people,a historic turning point occurred on June 28, 1969, in New'York City, with the onset of the Stonewall Riots. (During these riots, LGBTQ+ citizens rose up and fought against the discriminatory criminal laws that have since been declared unconstitutional and Whereas: June is celebrated as LGBTQ+(Pride Month nationwide andLc(BTQ+prude celebrations have taken place around the country every June to commemorate the beginning of the Stonewall(R}'ots and c$&rras: June 2023 wilt mark 34 years of summertime festivals, now known as(Pnde(Fest,hosted by Hampton pads(Pride, who will host(Pride at the(Beach at the Oceanfront in the City of Virginia(Beach on Sunday,June 25,2023;and 144 ereas: Since its inception,?Campton Roads(Pride has continued'to celebrate unity,embrace diversity,and instill pride in our region's LC B7Q+ and atria communities by increasing visibility and promoting full human and civil rights of LGB7Q+people;and Whereas: It is imperative that all people in the community, regardless of sexual orientation or gender identity, are respected; safe,empowered;and supported by their peers,educators,and community leaders. Now Thenfore,I(Robert 31.(Dyer;Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: June 2023 Pride £Month In Virginia(Beach,and I call on all our citizens to eliminate prejudice everywhere it exists and askyou to join me in celebrating the great diversity of our community as we work to build a culture of inclusiveness and acceptance. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,Virginia, to be affixed this Twentieth(Day of June,Two Thousand Twenty-Three. Ebert M. "Bobby"(Dyer Mayor \ SJ °`°UR Nnno° rodamatton 4 44iarot.• The City ofVirginia Beach remains committed to fostering an inclusive community that welcomes and empowers aft In an effort towards continued improvement of the fives of our workforce and citizens,an LG'BBQ+Liaison has been identified in each of our public safety departments and in the City Manager's Office.rlhe Liaisons examine the city's policies and services through an L(XB'TQ+(ens and provide a friendly ear to constituents or staff wishing to bring LGB7Q+-related issues to the attention city government, which has fed to the City of Virginia Beach receiving a perfect score on the Yuman Rights Campaign's 94unicipalEqualiity Ind and Whereas: 'This City's LGBcIQ+ Community members, through tireless volunteerism and advocacy, build strong community partnerships connecting LG'B'IQ+youth,teens,adults,and families to supportive resources that enhance the physical mental and social wet--being of our entire community while demonstrating the capacity of the creative, social, economic, and inffesential force of the L9131Q+Community and its awes to effect positive change where we love, where we work and where we play;and %tTurmas: In the movement toward equal rights for lesbian,gay,bisexua4 and transgender(LCBTQQ+)people,a historic turning point occurred'on June 28, 1969, in New'York City, with the onset of the Stonewall Riots. During these riots, LC3BTQ+ citizens rose :go and fought against the discriminatory criminal laws that have since been declared unconstitutional,•and Wfsertas: June is cefebratedas LgB'Q+(Pride%tooth nationwide andLcB'Q+pride celebrations have tal,gn place around the country every June to commemorate the beginning of the Stonewall-Riots;and Whereas: June 2023 will mark 34 years of summertime festiwss, now known as 4'nderfest,hosted by,Ifampton Roads(Pride, who will host Pride at the(Beach at the Oceanfront in the City ofVirginia(Beach on Sunday,June 25,2023;and Whereas: Since its inception,Jfampton Roads Pride has continued'to celebrate unity,embrace diversity,and instil pride in our region's LC0B7Q+ and allied communities by increasing visi6ilxty and promoting foil human and civil rights of LcB?Q+people;and Whereas: It is imperative that all people in the community, regardless of sexual orientation or gender identity, are respecteQ safe,empowered and supported 6y their peers,educators,and community leaders. Now'Ilierefore,I Robert If.(Dyer,9dayor of the City of Virginia Beach,Virginia,do hereby proclaim: June 2023 q),j a Month In` tiNinia(Beach,and I call an all our citizens to eliminate prejudice everywhere it exists and askyou to join me in celebrating the great diversity of our community as we work to build a culture of inclusiveness and acceptance. In' tr=Whereof I have hereunto set my hand and caused the Official-Seal of the City of'Virginia(Beach,'Virginia,to be affixed this Twentieth(Day of June,Two'Thousand Twenty-Three. R96ert 9K. 'Bobby'(Dyer 9,layor 0A•B o � U et, . „Jae. , GF WIR NPn�1F' to clamatton ¶44 ertas: The City of Virginia Beach remains committed to fostering an inclusive community that welcomes and empowers all In an effort towards continued improvement of the fives of our word force and citizens,an LcBTQ+Liaison has been identified in each of our public safety departments and in the City 94anager's Office.The Liaisons examine the city's policies and services through an LcBTQ+lens and provide a fiien4y ear to constituents or staff wishing to bring LCBIQ+-related issues to the attention city government, which has led to the City of Virginia Beach receiving a perfect score on the 2{uman'Rights Campaign's 91unicipal'Equality Index and Wismar: This City's LGBTQ+ Community members, through tireless volunteerism and advocacy, build strong community partnerships connecting LcBTQ+youth,teens,adults,andfamilies to supportive resources that enhance the physicg mental and social well-being of our entire community while demonstrating the capacity of the creative, social economic, and in_ifuential force of the LCgB'IQ+Community and its allies to effect positive change where we five, where we work and where we play;and heteas: In the movement toward equal-rights for lesbian,gay,bisexual and transgender(L cBTQ+)people,a historic turning point occurred on June 28, 1969, in New'York City, with the onset of the Stonewall dots. 'During these riots, Ly'BTQ+ citizens rose up and fought against the discriminatory criminal laws that have since been declared unconstitutional,•and Wfereas: June is celebrated as Lg-1232Q+'Pride 9Konth nationwide ansLCGBTQ+pride cek6rations have tarn place around the country every June to commemorate the beginning of the Stonewall'Riots;and 'Whereas: June 2023 will mark34 years of summertime festivals,now known as Prde'Fest,hosted 6y 7dampton Roads'Pride, who will host('ride at the(Beach at the Oceanfront in the City of Virginia Beach on Sunday,June 25,2023;and 'T4. erect: Since its inception,7fampton'Roads(Pride has continued to celebrate unity,embrace diversity,and instil in our region's LC BTQ+ and allied communities by increasing visifiity and promoting full human and civil rights of L9BTQ+people;and Wiereas: It is imperative that all people in the community, regardless of sexual orientation or gender identity,are respected, safe,empowered,and supported by their peers,educators,and community leaders. Wow Tliertfiore,I'RQ6ert 9►1.'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim June 2023 wile 9frIont/i In Utginia(each,and I cal on all our citizens to eliminate prejudice everywhere it exists anud ask you to join me in cek6rating the great diversity of our community as we work to buik(a culture of inclusiveness and acceptance. In Witness¶441ereof I have hereunto set my hand arced caused the Official-Seal of the City of'Virginia Beach,Virginia,to 6e affixed this Twentieth'Day of June,Two Thousand Twenty-Three. Robert 9K. 'Bobby*Dyer Mayor • ff' � � 'II, rottamation Whew!: The City of Virginia Beads remains committed'to fostering an inclusive community that welcomes and empowers all In an effort towards continued improvement of the lives of our workforce and citizens,an L c 7Q+Liaison has been identifud in each of our public safety departments and in the City Manager's Office.The Liaisons examine the city's policies and services through an LCBT22+lens and provide a friendly ear to constituents or staff wishing to bring L(?BT2Z+-related issues to the attention city government, which has led to the City of Virginia(Beach receiving a perfect score on the Ifuman fights Campaign's Munieipaf Equality Index and 4M4ertas: This City's LcBTQ+ Community members, through tireless volunteen'sm and advocacy, build strong community partnerships connecting LCYBTQ+youth,teens,adults,andfamilses to supportive resources that enhance the physical mental and social well-being of our entire community while demonstrating the capacity of the creative, social economic, and influential force of the L9137Q+Community and its allies to effect positive change where we live, where we work and where we play;and- ! Whereas: In the movement toward equal rights for lesbian,gay,bisexual and transgender(LGBTQ+)people,a histonc turning point occurred on June 28, 1969, in New York City, with the onset of the Stonewall sRjots. During these riots, L \BTQ+ citizens rose up and fought against the discriminatory criminal laws that have since been declared unconstitutional and- Wilma:: June is celebrated as LCBTQ+Pride Month nationwsta andLOYIQ+pride celebrations have taken place around the country every June to commemorate the beginning of the Stonewall Riots;and 4Mriereas: June 2023 will mark 34 years of summertime festivals,now known as(Pride'Fest,hosted by 2fampton 1?pads(Pride, who will host Pride at the h at the Oceanfront in the City of Virginia(Beach on Sunday,June 25,2023;and Wien= Since its inception,Hampton 4pads Pride has continued to cerebrate unity,embrace diversity,and instill pride in our region's LCtB'IQ+ and allied'communities by increasing visibility and promoting full-human and civil rights of LYBTQ+people;and 'Whereas: It is imperative that all people in the community, regardless of sexual orientation or gender identity,are respected safe,empowered and supported by their peers,educators,and community leaders. Now glerrfine,I Robert N.(Dyer,99layor of the City of Virginia Beach,Virginia,do hereby proclaim June 2023 cP, ide (Month In Virginia(Beach,and I calf on all our citizens to eliminate prejudice everywhere it edits and ask you to join me in celebrating the great diversity of our community as we workto 6uilda culture of inclusiveness and acceptance. In 44tnau W iierwf 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 June,Two Thousand'Twenty-Three. Wo6ert N. Bobby"Dyer Mayor - ` U`B io` _:''''fra-54:77:'_`%__ it, (1`:**4' CIS;,-t:-stag/0,1'44- *0... tr` e todantatton 'Micmac The City of Virginia Beach remains committed to fostering an intrusive community that welcomes and empowers all In an effort towards continued improvement of the fives of our workforce and citizens,an L c-BTQ+Liaison has been identified in each of our public safety departments and in the City Manager's Office.The Liaisons examine the city's policies and services through an LG(B7Q+lens and provide a friendly ear to constituents or staff wishing to bring L B1t+-rested issues to the attention city government, which has red to the City of Virginia Beach receiving a perfect score on the7fuman Rights Campaign's%tuniciparEquality Index and ¶44 ertas: This City's LCjBTQ+ Community members, through tireless volunteerism and advocacy, build strong community partnerships connecting LC(B7Q+youth,teens,adults,andfamiCies to supportive resources that enhance the physical mental; and social.well-being of our entire community while demonstrating the capacity of the creative, social; economic, and influential force of the L 9BTQ+Community and its allies to effect positive change where we five, where we work,and where we play;and Whereas: In the movement toward equal rights for lesbian,gay,bisetug'and transgender(LC BTQ+)people,a historic turning point occurred on Tune 28, 1969, in New'York City, with the onset of the Stonewall Riots. (During these riots, LYBTQ+ citizens rose up and fought against the discriminatory criminal laws that have since been declared unconstitutional and 4MGertas: June is cerebrated as Lg(B7Q+Pride Month nationwide andLGB7Q+prole celebrations have tal,en place around the country every tune to commemorate the beginning of the Stonewall Riots;and Wiie►tas: June 2023 will mark 34 years of summertime festivals, now known as.Piide'Fest,hosted by 7rampton 9?pads(Pride, who will host(Pride at the(Beach at the Oceanfront in the City of Virginia(Beach on Sunday,June 25,2023;and 444rierea:: Since its inception,7fampton meads(Pride has continued to celebrate unity,embrace diversity,and instill-pride in our region's Ll3B7Q+ and alled communities by increasing visibility and promoting full human and civil rights of LGBTQ+people;and c%cnas: It is imperative that all people in the community, regardless of sexual orientation or gender identity, are respected safe,empowered and supported by their peers,educators,and community leaders. Wow Therefore,I RQ6ert N.(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim. June 2023 Pri& fMontfi In Virginia each,and I call on all our citizens to eliminate prejudice everywhere it tilsts and askyou to jolt we in ce(e6rntigg the great diversity of our community as we work to build a culture of inclusiveness and acceptance. In Witness Whew f,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 June,Two Thousand-Twenty-Three. ,----" C-4.41-1---"..." Rg6ert Af. `Bobby'(Dyer Mayor :71'B c 411114.:91 p� a .st;;; ' 2t lo , of GmNo,010 i.457 i y. 'tf r dx F t R K r _ .., #'ot . -' . rothtnattonY ,, y Vi":�.,��c,� } ..;-,,,,4f > =�' .,r h i� a'�:i� son,`. Wfierear 'The American Red Cross has served the community through its quick-acting volunteer service, heartfelt pub&service support,and tireless workin partnership with the City of'Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April 30,2023,tornado; and Whereas The American Wed Cross has given its shills ande,,pertise to assist our residents in their greatest time of need while showcasing the e*emplary culture of care found in'Virginia Beach,which makes it such an outstanding location for many to call home;and Whenaax 'he American 44iCross has inspired others with its unyielding dedication to vofunteer service and ,, t_ efforts throughout'Virginia Beach to help establish the City as a premier coastal-community;and s " Wfiier ar 'The City of'Virginia Beach and Great Neckarea residents have greatly benefited f vrt the deducted : and enthusiastic support provided fry'The American iVilCross,it is counted among the City's '. outstanding contributors who makc Virginia Beach a uniquely close-knit and desirable community; , F. ,, and �� M'cae 'Maras: &silents,military,and businesses impacted by the April 30th tornado have been blessed with the generosity and passionate advocacy of 2heAmerican 4(edCross as it has strengthened relationships with the residents of Virginia Beach and within the.7fampton 4 pads area;and By eKemplsfying the model of citizenship and-volunteer service in the City of Virginia Beach,?fie I. y American 4�.d Cross has empowered other citizens to contribute their skiffs and talents to the d _, - lie , #_ , •fit, ,r� ".. r tar, iit_>iiii4.yi.,_, Now,'ITertfire I, p6ert If. 'Bobby'Dyer, Mayor of the City of'Virginia Beach,Virginua,do hereby proclaim: 4. ?he American 441Cross The recipient oftfiü Tornado Wcsponse Appreciation Proclamation In Virginia Beach,I calf upon the citizens and members within government agencies,pubis and private institutions, businesses, and schools in'Virginia Beach to also be"neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further up&ft our beloved City of Virginia Beach. In Witness 444 ertaf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, 'Virginia, to be afftvd this Twentieth Day of June,Two )eV10( 4p6en 9f. ' 6by'(Dyer - Mayor Gt�1A-B c O t , ..c.*.i.,a.4,41..\: :11. t, U 4 1,,p+ 0� S Op OUR Ne►' il3 tottaination Whereas Bojangles has served the community through its quick acting volunteer service,feartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and Whereas: Bojangles has given its skills and e,Tertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care fouruf in Virginia Beach,which makes it such an outstanding location for many to calf home;and s a S'Nrrereax Bojangfes has inspired others with its unyielding deduatcon to volunteer service and of forts . .aY- throughout'Virginia Beach to help esta6f:sh the City as a premier coastal community;and ''' _ Where= The City of Virginia Beach and great Weckarea residents have greatly benefitedfrom the dod}cated and enthusiastic support provided'by Bojangles,it is counted among the City's outstanding contributors who make'Virginia Beach a uniquely close-knit anddesira6le community;and Whereat Rsidents,military,and businesses impacted by the Aprif30th tornado have been 6lessedwith the generosity and passionate advocacy of Bojangles as it has strengthened relationships with the residents of'Virginia Beach and within the 9fampton pads area;and Wherear By exemplifying the model of citizenship and volunteer service in the City of'Virginia(Beach, Bojangles has empowered other citizens to contribute their skills.and talents to the community. Wow,Therefore I,4o6ert 9M. `Bobby'Dyer,Mayor of the City of IArginia Beach,'Virginia,do hereby proclaim: of s �� F ,8 Ti le recipient o this T et. - . "- ,,,, Amrectatum �Frricltmat�;ort -ii:`_ In'Gtrginia Bead,I cad upon the citizens and members within government agencies,public and private institutions, businesses, and schools in'Virginia Beach to also 6e °neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further 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 Beath, 'Virginia,to be affixed this Twentieth Day of tune,Two Thousand and Twenty-'three. ,,t•V'ZirAirir....e.C....00" 24)6ert 94. Bobby'Dyer Wayor �ti4 Eg(i ,oe.“- -ett., .,.,,,;,._ ' 4i. r oaf, i"0k.� ". �tr _ ' ' FOUR KAYO _ .- z.-: tlittiniettion .,,,,,,f,:.,_4.: ,,?...,s.,,,_:, „..,: _s.; trio ..i l k -`s 'I 4-ti r •-'14 c •'r-,-,..,"-V1--c,, ---,4t::' "..-44.41:44*: i� i- ! . 'r:. -3`Y:�'.. x :�,i�.3 �r -�t•y."� '��_ `r^�+k` -rt�:�+ +'7i��,.'`'"'7F.. -_ Wfierrar Catholic Charities of Eastern Virginia has served the community through its quick-acting volunteer service,heartfelt pu6lu-service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the ApriI30,2023, tornado;and # W cads Catholic Charities of Eastern'Virginia has given its skills and a ertue to assist our residents in their greatest time of need while showcasing the exemplary culture of care foundm'Ihiguua Beach,which makes it such an outstanding location for many to cal home;and `: 144 ertas: Catholic Charities of Eastern Virginia has inspired others with its unyielding deduction to volunteer a service and efforts throughout Virginia Beach to help esta6Gsh the City as a premier coastal community,and "` _ 1. - era .44'-. 7-4 ,.., i-`+ �':';'_• !�'-.t" -`*4h .4 :q 1,!i`'! i; - . �%:ts� _ ,' r '7• c r ¶44 ereas: The City of Virginia(Beach and great Neckarea residents have greatly 6enefitedfrom the dedicated o- and enthusiastic support provided 6y Catholic Charities of Eastern'Virginia,it is counted among the f. City's outstanding contributors who makg Virginia Beach a uniquely close-bait and desirable , Ta ,; i iTy `� community;and -�' ,. _.�, s, .F � i �.. q "T '�f�)riertas: Residents,military,and businesses impacted 6y the Apri130th tornado have 6een 6lessedwith the generosity and passionate advocacy of Catholic Charities of Eastern Virginia as it has strengthened °- - relationships with the residents of Virginia Beach and-within the 7fampton Bads area;and Wismar as; (By exemplifying the model of citizenship and volunteer service in the City of iiirginia Beach, Catholic Charities of Eastern Virginia has empowered other citizens to contribute their skitfs•and . 3 talents to the community. lir3 "` �ow,2lierefore 1,Robert N. `Bobby'(Dyer,liayor of the City of Virginia Beach,'Virginia,do hereby proclaim:it-. ._,- =- •, `r . :ems. !..,. ;-.: s r.: ;ar;:t i • '•.° •f c *-'r ' X s- Catho1u Chantzes f gtraa f'a4 .`= The recipient of this Tornado o otZ se..i ciat'io t-'5 T ocfizmation In'Virginia'Beady I calf upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia Beach to also be`neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further 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 be affixed this Twentieth(Day of tune,Two Thousand andTwenty-Three. Robert 911. Bobby'(Dyer 94ayor '114 e+ • CF OUR.NOS I� rottamation 'Whereat. Chick fir-A Marketplace at gfiltop has served the community through its quick-acting volunteer service,heartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the Aprif 30,2023, tornado;and Whereas Chick fit-A 9 arkftplace at Matop has given its sk jic and expertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care found in'Virginia Beach,which makes it such an outstanding location for many to caffhome;and Whereas: Chick fil-A Markgtpface at 7ft ltop has inspired others with its unyielding dedication to volunteer service and efforts throughout'Virginia(Beach to help esta6Gsh the City as a premier coastal community;and ^ 'lianas Vise City of'Virginia Beach and great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided Chick fir-A 9 ar-ketplace at Yr-atop,it is counted among the City's outstanding contributors who makc'Virginia Beach a uniquely close-knit and desirable community; and Wierra s 4esidents,military,and businesses impacted by the April 30th tornado have been blessed with the generosity andpassionate advocacy of Chic if-A Warfetplace at YfdTtop as it has strengthened relationships with the residents of'Virginia Beach and within the.7fampton meads area;and Wheraas (By raremplifying the model of citizenship and volunteer service in the City of'Virginia Beach,Chick fil-A JKar4tplace at JlihTtop has empowered other citizens to contribute their sk s and talents to the community. Now,TTserefvrt I,4(obert M. 'Bobby'Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: Chick-fir-A a dice at Jill The recipient of this Tornak c jsponse .appreciation ( roclamation In`tisginia 43eacf,I call upon the citizens and members within government agencies,public and private institutions, businesses,and schools in'Virginia Beach to also be 'neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In 4 tness 4Mrerauf, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affi dthis.Twentieth Day of June,Two Thousand and Twenty-'Three *VI* ?ZVI 64e"‹.-"' 44)6ert M. Bobby'Dyer t. 'or } G A BFA, a 0 q+ # F•. ' : S pF ' ply° 3e OUR RAr 00 *--‘• v -- -VN'.•'11' . * .'-,..., '-f:4P;'-'7 4':: '',,'', '''Cktiliti*.i.. -,--'--.-----,21'''';',Y-'7'''' Ks...._ „—. i„., 4-, :.,„1: to mac ion y _ K' ,+r-`.� yy d•w��T" S,. r<.g ^,ram` 3- =i ...h:' - ,,,„.. . q.ei - .�.- l x•' ik,pt it .6,:i,.r •F'.4. - Whereas: Chris jancewicz,of Chesapeake'Police Department,has served the community through his quick- Fc .:*-- — acting volunteer service,heartfelt public service support,and tireless work in partners ip with the ' - ;�t; R �" City of`Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of lir t� {� the April30,2023,tornado;and X 11W A .,. f Whereas: Chris Jancewncz has given his skiffs and expertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care found in'Virginia Beach,which makes it such an outstanding location for many to calf home;and ,fit x- :` f:;�� r:� ., .,/W.. Whereas. Chris,7ancewicz has inspired others with his unyielding dedication to volunteer service and efforts throughout'Virginia Beach to help establish the City as a premier coastal community;and Whereas: The City of Virginia Beach and Great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided by Chris Jancewicz,he is counted among the City's outstanding contributors who make'Virginia Beach a uniquely close-knit and desirable community;and- Whereas: Residents,military,and businesses impacted by the April-30th tornado have been blessed with the generosity and passionate advocacy of Chris Jancewicz as he has strengthened relationships with the residents of'Virginia Beach and-within the Ilampton tads area;and 'Whereas: By exemplifying the model of citizenship and volunteer service in the City of'Virginia Beach,Chris Jancewicz has empowered other citizens to contribute their skills and talents to the community. Now,'Therefore I,Ebert 9K. 'Bobby'Dyer,Wayorof the City of'Virginia Beach,'Virginia,do hereby proclaim: Chas 5ancewicz Vie recipient qftliu To77zaio q sponse)1ppreciation Proclamation In 44rginia Beach,I call upon the citizens and members within government agencies,public and private institutions, businesses,and schools in'Virginia(Beach to also be 'neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further 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 be affixed this Twentieth Day of June,Two Thousand and Twenty-' Three. y. gjgbert66y', er 9►fayor 3 G.14'A'$ c (T ) 79�5 of ouR'pA�oete��� Vrodamation 4Uhere= Tool.ion has sewed the community through its quick-acting volunteer service,heartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the ' emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and What s ToodLion has given its skiffs arufexpertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care found in Virginia Beach which makes it such an outstanding location for marry to callhome;and Whierta v Food Lion has inspired others with its unyielding dedication to volunteer service and efforts throughout Virginia Beach to help esta6Gsh the City as a premier coastal community;and Where= 'Fie City of Virginia(Beach and Great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided by Toad Lion,it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit anddesira6le community;and ¶4' eieasi 4rsidents,military,and businesses impacted by the April-30th tornado have been blessed with the generosity and passionate advocary of Toad Lion as it has strengthened relationships with the residents of Virginia Beach and-within the Jfampton 4koads area•and Whereas: By epmp4sfying the model of citizenship and volunteer service in the City of'Virginia Beach, Food Lion has empowered other citizens to contribute their skiffs and talents to the community. Now,Therefore 1,4o6ert M. "Bobby°Dyer,Mayor of the City of'Virginia Beach Virginia,do hereby proclaim: Food Lion ?die recipient of this Tornado Response Appreciation cProc&mation In linginia teach,I cad upon the citizens and members within government agencies,pu6Gc and private institutions, businesses,and schools in'Virginia Beach to also 6e neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In witness 'N ere°f 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 June,Two'Thousand and Twenty-'IThree. -._,._., , /i (l'ily 4'410eAl Robert X `Bo66y°Dyer Mayor 0141103F,4 e 1- AA/\"814***attt Pi R o 4g �'1. FOURNAll i k R� y * ' F - T '' `{=.tea a �Y�l-, i .t , :o r ,-ro i o ni'It r F ....„_,4, ,, ,,,,,„,,,,. ...../, 'Air,1-. ±,,a;:--..,',1x 1.41,,1 .:'.;.4.,-- "q1if'''''"itel'7•"Y:'-ir*9-'4'VI'- *, ;'4 Whereas: Green Cross Academy ofTraumatology has served the community through its quick-acting volunteer service,heartfelt public service support,and tireless workin partnership with the City of Virginia. -= " ' Beach to assist in the emergency response and recovery efforts in the aftermath of theApril30,2023, tornado;and = - K •-•�r7F-i i3 ; tom•.k Y , t 3, i< . 44)fiereas• Green Cross Academy ofTraumatofogy has given its skiQs ande'ertise to assist our residents in 1 : • their greatest time of need-while showcasing the e2emplary culture of care found in Virginia Beach, which makes it such an outstanding location for many to cat!home;and ., < - - 'Whereas: green Cross Academy of Traumatology has inspired others with its unyielding dedication to volunteer service and efforts throughout Virginia(Beach to help establish the City as a premier . ; coastal community;and When When= The City of Virginia(Beach and Great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support p►vvided by Green CrossAcadenry of Traumatology,it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit anddesira6le community;and 'Whereat Wesidents,military,and businesses impacted 6y the April 30th tornado have been 6lessedwith the generosity and passionate advocacy of Green Cross Academy of Traumatology as it has strengthened relationships with the residents of Virginia Beach and within the Ylampton 9pads area;and 'Whereas' By exemplifying the model of citizenship and volunteer service in the City of Virginia Beach,Green . '' Cross Academy of Traumatology has empowered other citizens to contribute their skills and talents to the community. Now,?Xerefore I,4 p6ert 9 t. `Bobby'(Dyer,,9�liayor of the City of Virginia iir�yginia Beach,Virginia,do hereby prrocdaim: green G ss f cad my of!rraumato1igy * x-, 2lie recipient of this Tornado ft sportse Appreciation cProcfamation In Virginia Beach,I call upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia Beach to also 6e `neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of 'Virginia Beach In Wane" 'Micrraf, I have hereunto set my hand and caused the Official Seal of the City of Virginia (Beach, 'Virginia, to be afftvd this Twentieth Day of June,Two Thousand and-Twenty-Three. ',- . 7;e4.9641401°4°'' p6ert 94. Bobby'Dyer _ _ Mayor. ,444.ailli f f, k R n �8 OFOURNArO �� � rodamation _.i.;_,.._,,., Wfierear 3farris Teeter has served the community through its quick acting volunteer service,hear felt pu6Gc service support,and tireless workin partnership with the City of'Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April30,2023,tornado;and Whereas Manic Teeter has given its skiffs and evertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care foundin Virginia Beach,which makes it such an outstanding location for many to call home;and Whereas: .7farris Teeter has inspired others with its unyielding dedication to volunteer service and efforts throughout'Virginia Beach to help esta6lish the City as a premier coastal community;and Whereas: 'Tee City of Virginia Beach and great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided 6y 7farris Teeter,it is counted among the City's outstanding__._ contributors who make Virginia Beach a uniquely close-knit anddesira6t community;and , A:iiiiiiii* Residents,military,and'businesses impacted6y the April 30th tornado have 6een 6lessedwith the generosity and passionate advocacy of 9farris Teeter as it has strengthened relationships with the residents of'Virginia Beach and within the•7fampton Rpads area;and Whereas: By exX mp4efying the model of citizenship and volunteer service in the City of Virginia Beach,.7farris Teeter has empowered other citizens to contri6ute their skiffs and talents to the community. Now,Therefore I,4p6ert M. "Bobby°Dyer,Mayor of the City of Virginia Beach, 'Virginia,do Fiere6y proclaim: Jfarris Teeter The recipient of this Tomalo sponse ,appreciation Proc&mation In'Vagina Beach,I call upon the citizens and mem6ers within government agencies,pu6Gc and private institutions, businesses,and schools in'Virginia Beach to also 6e "neighbors helping neigh6ors°during emergencies for the benefit and 6etterment of the community so that future generations can appreciate and further 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 June,Two Thousand and Twenty-'Three. : _ .,, -_. 4 t'‘I 4j46;44'' &bert M. "Bo66y"Dyer Mayor .4\10 c 4et, istkr : a % • 44,°` OUR KAr° rothnzation Whereat Joseph Wu6ino,of the Portsmouth Tire Department,has served the community through his quick-. acting volunteer service,heartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and Whereas: Joseph Rubino has given his skills and e, rertise to assist our residents in their greatest time of need while showcasing the eXemplary culture of care found.in Virginia Beach,which makes it such an outstanding facation for many to car(home,and 4 '1Aerea.r Joseph Rubino has inspired others with his unyielding dedication to volunteer service and efforts throughout Virginia Beach to help esta6Gsh the City as a premier coastal community;and 'W er= The City of Virginia Beach and Great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided by Joseph Rubino,he is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit anddesirabfe community;and Whereas: 4qesrdents,mii:taiy,and businesses impacted by the April 30th tornado have 6een blessed with the generosity and passionate advocacy of Joseph Rubino as he has strengthened relationships with the residents of Virginia Beach and within the 2fampton Rpads area;and Whereat' By exempClfyng the model of citizenship and volunteer service in the City of Virginia(Beach,Joseph Rubino has empowered other citizens to contribute their ski Es and talents to the community. Now,'Therefore I,cpbert 94. °Bobby'(Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: Joseph WyStno tp4,44f_!5- Tfie recipient of this 'Ior ado Wcsponse Appreciation Proc(imation In Vityinia Beach,I cat!upon the citizens and members within government agencies,pub&and private institutions, businesses, and schools in'Virginia Beach to afro be'neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further up&ft our beloved City of Virginia Beach. In 'Witness Weof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affrzed this Twentieth Day of June,Two'{-wusandandTwenty-'feree. I.,A_4}A# iir 11100,, Ebert . 'Bob (Dyer 9blayor A�I''441— Bc 84' :,- ' - liit - ••-•: t :1 t. U t v' • r t ya ��� # #44:', OF OUR ROW m d S `ram p voctamaton .t..,:„...2,:::. . Whereas: Justin Weston,of New(Port News Emergency Management,has served the community thmugh his quick-acting vofunteer service,heartfelt public service support,and-tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and Whereas' Justin Weston has given his sk}!rs and expertise to assist our residents in their greatest time of need while showcasing the ecemplary culture of care found in Virginia Beach,which makes it such an outstanding location for marry to call home,.and iie**,..14-7# 1',--441*134. :47tillTki Whereas: Justin Weston has inspired others with his unyielding deduation to volunteer service and efforts throughout Virginia Beach to help esta6Gsh the City as a premier coastal community;and i W erras The City of Virginia Beach and great Neckarea residents have greatly 6enefitedf vm the dedicated- and enthusiastic support prvvidedby Justin Weston,he is counted among the City's outstanding contributors who make Virginia Beach a unique&close-knit and'desirable community;and `Gt iereas: Wesidents,military,and6usinesses impacted by the April 30th tornado have been 6lessedwith the generosity and passionate advocacy of Justin Weston as he has strengthened relationships with the residents of Virginia Beach and within the.1-fampton meads area;and Where= By ezemplfying the model of citizenship and volunteer service in the City of Virginia Beach,Justin Weston has empowered other citizens to contribute their skl s and talents to the community. Now,'Therefore I,Robert M. "Bobby'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Yt ii.f.. L Weston : , _ �- 4 ilLstn -_ 2Ee recipient of this T07714 o ftsponse d p ciation c roclamation In`Mina'each,I call upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia Beach to also 6e"neighbors helping neighbors'during emergencies for the Benefit and betterment of the community so that future generations can appreciate and further uplft 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 affz*ed this Twentieth Day of May,Two Thousand and Twenty-?Free. Ebert M. Bobby'Dyer Mayor 115\41— r 04 � ! . 1,1i,,, ,� ry .41 .., OUR "4f•:kii#WP 14y �� +sr ._,,,,..,.. . ,...„. „....., ... ...,. rodamattoni .g:_:44e :r � ,Iv.$4„r a � ASK Whams: WedicarReserve Corps(9KRC)has served the community through its quick-acting volunteer service, fs'i heartfelt pu6lc service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April'30,2023,tornado; and :,:,t.4, When= 94 C has given its s61rs and evertise to assist our residents in their greatest time of need while ., showcasing the exemplary culture of care found in'Virginia(Beach,winch makes it such an .A=,, to outstanding location for many to cafhome;and �' 4: # .'S.. siC# #: 1!.` ,may tac `+€' ' 'x ' ra 4.. ,",- 'Whams: SKIT has inspired others with its unyielding dedication to volunteer service and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and ',:ill r Wherrax 4 2The City of Virginia Beach and Great Neckarea residents have greatly 6enefited from the de'1cated, . • •.,••• and enthusiastic support provided6y 9.1' C,it is counted among the City s outstanding contri6utors ' - who make'Virginia Beach a uniquely close-knit and desira6le community and Livr - 'Whuruax Residents,military,and6usinesses impacted6y the April'30th tornado have 6een Messed with the generosity and passionate advocacy of 911RC as it has strengthened relationships with the residents 1 of Virginia Beach and within the.9fampton Roads area;and 4r hhenwr By exemplifying the model of citizenship and volunteer service in the City of Virginia(Beach,94 "`'` has empowered other citizens to contribute their skiffs and talents to the community. Wow,'Ifierefarr I,4o6ert 91. `Bo66y'Oyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim.' i. fled cal er veCoips The recipient of this Tornatio ftsponse , , fippreiton croclarnatlon In'4iginia Beach,I call upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia Beach to also 6e "neighbors helping neighbors"during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In ctitness 'Gt etraf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Twentieth Day oflune,'Two Thousand andTwenty-?Three. cg6ert 911. 1Bo66y"Oyer 9Kayor 04 7-, 5 %It Cyd 9�8 op OUR NovotO � o 1. YIA i vrottilitittitton W ereax 9Kercy Chefs has served the community through its quick-acting vofunteerservice,fleartfeu pub& service support,and tireless work in partnership with the City of Vagina Beach to assist in the emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and etvax 914erry Chefs has given its skiffs ande-Apertue to assist our residents in their greatest time of need while showcasing the exemplary cufture of care found in Virginia Beach,which malls it such an outstanding location for many to calf home;and immigrants continue to grow businesses,innovate, strengthen our economy,and create American jobs in Virginia Beach,Virginia;and . ,It F. Si 4;;. a 4-.T-K' ' , Whereas: Mercy Chefs has inspired others with its unyieldi'ng dedication to volunteer service and eons throughout Virginia Beach to help esta6Cish the City as a premier coastal community;and Whereas: The City of Virginia Beach and great Neckarea residents have greatly 6enefitedfrom the 4dreated and enthusiastic support provided 6y 9Kercy Chefs,it is counted among the City's outstanding Is contributors who ma Virginia Beach a uniquely close tit anddesira6le communityand Whereas' gZesidents,mif:tary,and businesses impacted by the April30th tornado have 6een blessedwith the generosity and passionate advocacy of 9Kercy Chefs as it has strengthened relationships with the residents of Virginia Beach and within the Ifampton 4pads area;and 'W)iere.ar By ezemplfying the model of citizenship and volunteer service in the City of Virginia Beach,94ercy Chefs has empowered other citizens to contribute their sk}!ls and taCents to the community. : Y New,Therefore I,W96ert 9K. "Bobby, Dyer 9Kayor of the City of rg:nia Beacfl 'Virginia,do hereby proclaim. `.< .,,,,,_. :,,, t , , 40404eiettooryi,F,,,,,,.4, 4.•-• **,, .4--,8,' ,.-: - ,....,, ,.'.--,. , - -':' •" 79dercyCfiefs * p ko qfie •�thss 2 ) ppreczation . ,,..,,_ ..,: .,. • • ,-„,,..._-.-_,.,„._,- 1, Prockitnation„...,0-47.1:1*, ,or, In Virginia Beach,I cad upon the citizens and members within government agencies,pub&and private institutions, businesses, and schools in Virginia Beach to also be"neighbors helping neighbors°during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of 'Virginia Beach. In ass '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 oflune,Two Thousand-and Twenty-Three. ),44.461 Wf)6ert 94. "Bobby°Dyer Mayor 1347110 , ,� � 'mac+• Sh, op DUR Ntoo to c amp ton Whereas: 'Tie National Wear lerService(NWS—Wakefield)has ser;,ed the community through its quick: acting volunteer ser:'ice,heartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of theApril30,2023,tornado;and- Whereas: NWS-Wakefield has given its skips and expertise to assist our residents in their greatest time of needwhid showcasing the exemplary culture of care found in Virginia Beach,which makes it such an outstanding location for many to caiT home;and Whereas: 7VrWS-Wakefield has inspired others with its unyielding dedication to volunteer service and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and Wlureas: The City of Virginia Beach and great Neckarea residents have greatly benefited-from the dedicated and enthusiastic support provided by NWS-Wak fiell it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit and desirable community;and Whereas: Residents,military,and businesses impacted by the April30th tornado have been blessed with the generosity and passionate advocacy of NWS-Wakefield as it has strengthened relationships with the residents of Virginia Beach and within the?fampton meads area;and Whereas: By exempliing the mode(of citizenship and volunteer service in the City of Virginia Beach,NUN -Wakefield has empowered other citizens to contribute their skills and talents to the community. Wow,Therefore I,Rphert 91. "Bobby"Dyer,9Kayor of the City of Virginia(Beach, Virginia,do hereby proclaim: The National Weather Service (MVS— Wakef f efd) • The recipient of this Tornado 1;fsponse Appreciation Proc(amation In Virginia Beach,I calf upon the citizens and members within government agencies,public and private institutions, businesses,and schools in Virginia Beach to also 6e `neighbors helping neighbors"during emergencies for the benefit and betterment of the community so that future generations can appreciate and further 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 be affviced this'Twentieth(Day of June,Two Thousand-and Twenty-Three. Wo6ert 9K. (Bobby"(Dyer Mayor , u se OUR NMI- ,. „;,„ . w.i--: 41-74.n,_-, . , ,,,.. „..,, -i.f.t.:,..,-:,..*.N.-,„,x,,,,_r ,. -_. .,„,-.- s'..-}44' - ' - * - -'- 40 roctamation .-jr--iv. : .� ,, :,:,14,4,2-iili-,.***,,,-;-,1%.7.*.:.-wiii,,,,. ;;-‘ . Whereas Papa Johns has served the community through its quick-acting sblunteerservice,heartfelt public service support,and-tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of theApril30,2023,tornado;and •. 4 - - . •. Whereas: Papa John's has given its skits and expertise to assist our residents in their greatest time of need while showcasing the exemplar culture of care found in Virginia Beach,which maps it such an -.- :s.i,-r; - outstandmg location for many to cahl home;andr5F-;, .1 t' , .•� r x , +jam' Whensar. Papa John's has inspired others with its unyielding dedication to volunteer service and efforts . -i t -'' throughout'Virginia Beach to help establish the City as a premier coastal community;and Whereas. The City of'Virginia Beach and Great Neckarea residents have greatly benefitedfmm the dedicated ' and enthusiastic support provided 6y Papa John's,it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit ant desirable community;and Whereas: ikesidents,military,and businesses impacted by the April30th tornado have been blessed with the generosity and passionate advocacy of Papa John's as it has strengthened relationships with the residents of Virginia Beach and within the.7fampton Roads area;and ¶44ierear By exmpfifying the mock!of citizenship and volunteer service in the City of Virginia Beach,Papa John's has empowered other citizens to contribute their skits and talents to the community. Now,'Therefore I,Ebert 41. 'Bobby"(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim. Papa Sohn s Vie recipient ftfiis Tomaio Wesponse • . Appreciation Proclamation In'ffrginia Beach,I cat upon the citizens and members within government agencies,public and private institutions, businesses, ant schools in Virginia Beach to also 6e'neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In Witness 'Wherrof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affixed this Twentieth Day of June,Two Thousand andTwenty-Tree. /4044" p6ert Ii. Bobby'Dyer .Mayor v4'A•B4e 4 04 �r 1 o S rothmation- .. . - , •'+3,... "S'- ,,-,y[:Lf' .*rt`:i;rrr. of ere= (Peace and Love(Donuts has served the community through its quick-acting volunteer service, , heartfelt public service and tireless y' ' p support, workin partnership with the City of Beach to assist in the emergency response and recovery efforts in the aftermath of the April.30,2023,tornado; and -,' �` 1 ..a,. ' 0'. r Whereas: (Peace and Love(Donuts has given its skills andepertise to assist our residents in their greatest time of needwhife showcasing the e.2empfary culture of care foundin'Virginia Beach,which makes it such an outstanding location for many to call home;and 7 t iI.i-t-, - 3 Whereat. (Peace and Love(Donuts has inspired others with its unyiekling dedication to vofunteer service and efforts throughout'Virginia Beach to help esta6Gsh the City as a premier coastal community,and 4. s.--44A i x,::` --�.44,-- ."g .:'47-g -: ems, ; - 1 Whereas: The City of'Virginia Beach and great Neckarea residents have greatly 6enef tedfrom the decheated . and enthusiastic support provided by(Peace and Love(Donuts,it is counted among the City's outstanding contributors who make'Virginia Beach a uniquely close-knit and desirable community; and Whereax Wfsidents,military,and businesses impacted fly the Apri130th tornado have been 6fessedwith the generosity and passionate advocacy of Peace and Love(Donuts as it has strengthenedrefationships with the residents of Virginia Beach and within the.7fampton Rpads area;and 4i4 ereaz By e.�emplfying the mode!of citizenship and volunteer service in the City of Virginia Beach,Peace and Love(Donuts has empowered other citizens to contribute their skiers and talents to the community. Wow, fl crefvrr I,Wp6ert 94. "Bobby"(Dyer, Mayor of the City of'Virginia Beach,Virginia,do hereby proclaim: _ .._a, ,_: T,:;^ Peace and Love Qonuts The recipient of this Tornado ftsponseA ' tion exclamation In Vsrginia Beach,I call upon the citizens and members within government agencies,publu and private institutions, businesses,and schools in'Virginia Beach to afro be 'neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our 6efovedCity,of Virginia Beach. In 4 teat 'Whereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, 'Virginia,to 6e affited this Twentieth(Day of June,Two'Thousand and-Twenty-Three. Ole-'A g' ' pert 94. `Bobby'(Dyer 9Kayor E1�1A•Bt4c a� - 1. Off: rt. t V [ t �a 4' y - . _ Ott ��# k'!w q4s 0 { _ ; � P OUR NKn° *. 5 _ '4 gym'�h ." iy'fps +'a _. ii 3 Y f G i• ;. ' k. * , rodantation : .,4,...-., T ,,,..... K' ( k tr nkg'Y4' 4,':. "-#'t. S- r ;.'47- y`- 44 -"x_4-9'.' 7s 4t A__ r k 1_ ,r $a&t- , - _ - Wherear (Pungo Brothers BBQhas served the community through its quick-acting volunteer service,heartfelt pu66c service support,and tireless workin partnership with the City of Virginia(Beach to assist in the emergency response and recovery efforts in the aftermath of the April' tornado;and 2023,torna and 'WKerw.r (Pungo Brothers BBQhas given its skills ande�pertise to assist our residents in their greatest time of y r need white showcasing the exemplary culture of care found in`Virginia Beach which mal,gs it such Y.= an outstanding location for many to calf home;and .-;i�.�.,,,,► -• ,,,,0/,$, a Wfiereax (P'ungo(Brothers BBQhas inspired others with its unyielding cfedu:ation to volunteer service and „ems ,_4.- efforts throughout'Virginia Beach to help establish the City as a premier coastalcom community;and ?fie City of'Virginia Beach and Great Neckarea residents havegreaty benefited-from tedf dedicated* the de ated r andenthusiastic support provided by(Pungo Brothers BBQ it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit anddesira6fe community, Whereas: 4Vsidents,military,and businesses impacted by the April30th tornado have been blessed with the generosity and passionate advocacy of Tungo Brothers BBQas it has strengthened relationships with the residents of Virginia Beach and within the 7fampton Roads area;and Wherea r By ezempfzfying the model of citizenship and volunteer service in the City of Virginia Beach,(Pungo (Brothers BBQ has empowered other citizens to contribute their skits and talents to the community. Now,'I erefore I,4Zo6ert 94. 'Bobby'(Dyer,Mayor of the City of'Virginia Beach,'Virginia,do hereby proclaim: ;. ei 0 B1'OtherY T 5'. The re ' ' t o this 2' a .t' .„,_. " .9. c��:en f ,appreciation T roclamatiort In Tirginia(Beach,I call upon the citizens and members within government agencies,pub&and private institutions, businesses,and schools in'Virginia(Beach to also be "neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In Witness'N%iemof, I have hereunto set my hand'and caused the Official Seaf of the City of'Virginia Beach, Virginia,to 6e affixed this Twentieth(Day of June,Two'Ihousand an1Twenty-Three. A. 45,01,1K,....c.„. pg6ert M.-Bobby (Dyer Mayor ,.. ' . ,. • , „, _,...„4,A.B,, . , . .1,—,,“--6, ..a.,,,,,,ti , : ..::_, , _ ‘(411411.44.1),17, - ti , , , 4 _ __ , , -_. ,-,- .-,-,:::-.„:" -_. ,. -_,:. .„... `Y...R.. ,...41, y,,,..:, -4';it,.,.: , hf , 4. OF- ouRNANO t x z IF {_ . rcidetmati n _i,41,_,' ' --'-',.,—.:- "rk•-'' %---- - ''.' Ag.'. _ , 14,,/ 4',ru:' '.10 ', _. •Y;aL-# 'r, ="i :5.: d= 7Fi' Whereas: Shawn Chamberlin,of Chesapeake Emergency Management,has served the community through her -,` quick-acting volunteer service,heartfelt pub&service support,and tireless workin partnership with 1rthe City of Virginia(Beach to assist in the emergency response and recovery efforts in the aftermath ms. n � _ r of theApril30,2023,tornado,and rt , x� �. - f ; ti ' .,Vie - '. '�- i s '" • ,---'` • .M. _ '.1 F; ,-0, -�''h °� yr ' - 'Whereas: Sharon Chamberlin has given her skit&and'expertise to assist our residents in their greatest time of need while showcasing the e,templary culture of care found in Virginia(Beach,which makes it such ,.t ., an outstanding location for many to call home;and t „ ;v „ -- Whereat. Sharon Chamberlin has inspired others with her unyielding dedication to volunteer service and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and -i. Wherear The City of Virginia Beach and Great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided by Sharon Chamberlin,she is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit and desirable community; and ;tea i .a.- ;,, t'.. 3-'_'f ;i 14..,-,; 1_ b eh } t-4---_F - Whereat 4Osidentss,military,and businesses impacted by the April 30th tornado have been blessed with the vs, generosity and passionate advocacy of Sharon Chamberliin as she has strengthened relationships with ' the residents of Virginia Beach and within the 5fampton meads art4 and Whereat By exemplsfying the model of citizenship and volunteer service in the City of Virginia Beach,Sharon Chamberlin has empowered other citizens to contribute their skiffs and talents to the community. Now,lfierefvrt I,4Zo6ert M. "Bobby'(Dyer,Mayor of the City of Virginia Beach,`Virginia,do hereby proclaim - : - ,,,,„,:,--, _, ,.. Sharon Cfiam6eran ,. , ,. .. ,., ,I.: The recipient ofthis Tomade *ppredation evcamatiott : .... In'Virginia Beach,I calf upon the citizens and members within government agencies,public and private institutions, businesses, and schools in`Virginia Beach to also be °neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of 'Virginia Beach In tn ss 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 June,Two ThousandandTwenty-Three. )74° 66dif€ Rp6ert M Bobby'Dyer 94ayor 4.4.0.‘.' 4-':`944 P gt, 1. (-1 ,..____:,..;41. ' ____ ci -ur' ----;-- 4? . ...ikv. •,.....,.• ..t. s ......fit,...,.., 14, 4-,,, or ouR motor- .• .-t, ...i,6.--,.-.-::4-'•,-**414r.-l',:-='•-'-,' •-7-,.-• ' ,--'1•;•.,- '-- , ! , et, rotiamation 4...,, - • - , 4,..,..., !,ir . • _ .): „.... .•,_. :•• 27:2*-__Jr.._:-'..,-,-, t ;:•;..741-i;.*':14,'14.'7 :.'14-0*164r;", --.4---- -5.1algi.amo i,!, .# ,--,,,,,' -t,.r.,-,ilifki .-..ffl, - -: i;.,-,-.::-_-_-iliiirk A- 144ierear Southern(Baptist Disaster'Relief has served the community through its quick-acting volunteer service,heartfelt pubac service support,and tireless workin partnership with the City of Virginia 1 Beach to assist in the emergency response and recovery efforts in the aftermath of the Apri 130,2023, tornado;and Ll.,„,::110.,,,....-*;e4r . , ,,_, -, • , . . , . E. ......z... .„...„..10 . , ,.., i-;:i.- 1 Whereas. Southern Baptist Disaster&lief has given its skiffs and gpertise to assist our residents in their greatest time of need whia showcasing the exemplary culture of care found in Virginia Beach,which makes it such an outstanding location for many to calf home;and 1 Whereat. Southern Baptist Disaster&fief has inspired others with its unyielding dedication to vofunteer service and efforts throughout Virginia Beach to help estabash the City as a premier coastaf community;and --;,-,;k7.41*04-t' Whereas: (The City of Virginia Beach and Great Neckarea residents have greatly benefitedfioui the dedicated and enthusiastk support provided by Southern Baptist Disaster Relief;it is counted among the City's outstanding contributors who ntaketOrginia Beach a uniquely close-kilt and desirab& 1,•.tri • ,---.. community;and ,-4*. . -;.,,,,,,..:.--: :-„-s, ,,,,,.'1-4''''' -;74.4*; ZtT,, - • -7‘,..7,-:,.;,. - ',.: --.•"-*;.,mdo-ssi .....,--,..--,, z14t),:e.:,---=',-;.440j-r..;.'.4z,i..,,i,y.: -, ,:si)titi :' :: :: = -.4e_:.4;-4,, , •A" Whereas: Aesicfrnts,military,and businesses impacted by the April 30th tornado have been 61essed with the - '• --- generosity and-passionate advocacy of Southern(Baptist Disaster Relief as it has strengthened relationships with the residents e Virginia Beach and within the Hampton WocieL area;and ..,-.i:;, • ,,, - - „r_.,,i ijit!4.4.,,:i.;' ;.e.,4.4p-v-k.z -;'..,...- , ,t, •, ..e-w ifr:,--4 14{ Whereas: By exempfifying the moa of citizenship andvolunteer service in the City of Virginia Beach, Southern Baptist Disaster qVief has empowered other citizens to contribute their skiffs and talents to the community. :.. „,..4. .., _."....k.----, , .,--r-'''I". '-'4;V-4,1.Pt.'-'. 7''. A aif - ',...c. WOW,'Therefore I,Robert%. "Bobby Dyer, Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: i• - - , -.4-4 ... ,,,-......e.0.;.-.---,:::, ;-,,,,, i,,..., .-.,,,...,.. .,_.._ , ,,..t*.,,,,,,,-...„. .,-, ,,,4,.:, : ,'-'-i 1,,,..?!***,„„,-,..„, ,,..4._.,!,,,,,,,..4,441... •-•=•",,,, 1..,,.: Southern Baptist cDisaster#1(f Ref tie recipient of this Tortialk q@ponse Affreciation . . vmdinnation -_, In Vtryinia Bea,c4 I caff upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia(Beach to also be 'neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of 'Virginia Beach. In Witness Wfiereo f I have hereunto set my hand and caused the Official Seal of the City of Virginia (Beach, Virginia,to be affixed this Twentieth(Day of lune,Two Thousand andTwenty-Three. , Robert M. (Bobby'(Dyer Mayor ...-. ... •-„. .i..- ,, .- 1.0`4'A•B 5 ltP ts Cp OUR No04' firodaittaticin cs ere= Spring Branch Community Church has served the community through its quick-acting volunteer service,heartfelt pu6fic service support,and tireless workin partnership with the City of'Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April30,2023, tornado;and Whereas: Spring Branch Community Church has given its skills and eaTertise to assist our residents in their greatest time of need while showcasing the etemplary culture of care found in Virginia Beach,which makes it such an outstanding location for many to calf home and Wfieraw Spring Branch Community Church has inspired others with its unyielding dedication to volunteer service and eons throughout Virginia Beach to help establish the City as a premier coastal community;and Where= The City of Virginia Beach and Great Neckarea residents have greatly 6enefitedfinm the dedicated and enthusiastic support provided by Spring(Branch Community Church it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit and desira6fe community;and Where= Usidents,military,and businesses impacted by the ApriC30th tornado have been blessed with the generosity and passionate advocacy of Spring(Branch Community Church as it has strengthened relationships with the residents of Virginia Beach and within the.7-fampton 4pa&area;and Whereat By ei emp1ifying the modefof citizenship and volunteer service in the City of Virginia Beach,Spring Branch Community Church has empowered other citizens to contribute their skits and talents to the community. Now,qfiereforeI,pbert M. "Bo66y'(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Spring Branch Community Church ?die recipient of this 2onzado ftsponseAppreciation Proclamation In Virginia Beach,I calf upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia Beach to also 6e "neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In 41ftne s of tertof I have hereunto set my hand and caused'the Official Sea!of the City of Virginia Beach, Virginia,to 6e affixed this Twentieth Day oflune,Two ThousandandTwenty-Three. 4obert . "Bobby'(Dyer Mayor �\Gt1ilA•BF,gc� 4 it,.....t --m. - C i ,yam_,, '-'- '.----0,-' ---it' ,-,. .-.- i•-•-,-,. !-.. • '16,1 rot rodanIatIon4 . ,.3.„ 4,:,411140Ite.-,,,.'..•.:: .:-1"- 'i.i; e-lit'u,:-,„:" Wfih reax Star6ucks has served the community through its quick-acting volunteer service,heartfelt public service support,and tireless workin partnersfiip with the City of Virginia Beach to assist in the '°" - emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and Whereas: Whereas: Starfiucks has given its skills and expertise to assist our residents in their greatest time of need while i ---; showcasing the exemplary culture of care found in Virginia Beach,which makes it such an i,--. 0. 41 1-'v 1 outstanding location for many to caffhome;and Y -,, 1 -4r..,W. . Whereat. Starbucks has inspired others with"its unyiehfng dedication to volunteer service and efforts �' ,t throughout Virginia Beach to he establish the City as a premier coastal community;and :- Wfserear The City of'Virginia Beach and Great Neckarea residents have greatly benefited from the dedicated 'IF and enthusiastic support provided 6y Star6ucks,it is counted among the City's outstanding . . contributors who make'Virginia Beach a uniquely close-knit anddesira6le community and, ,- - 4Nleeteax Residents,military,and businesses impacted 6y the April 30th tornado have been 6lessedwith theTx ° :,, generosity and passionate advocacy of Starbucks as it has strengthened relationships with the ._:,.- residents of'Virginia Beach and within the Hampton Roads area;and y- ,i 4Mrereas By e mphfying the model of citizenship and volunteer service in the City of Virginia Beach, Starbucks has empowered other citizens to contribute their skiffs and talents to the community. -t.4., „ ,, . ;:r,„..:.,." '' , Now,'Ifrertfiott I,Robert 91 Bobby.Dyer,Mayor of the City of'Virginui Beach,'Virginia,dv hereby prodainr: .,- it: - /� a. ' . .�" .4* o ` � ;r tic .` X J tar6uc V 3+� :,. T A_" r f-.1 .._, ," r. i The recipient of this Tornado &sponse Appreciation f;y��;• * , f Procrfamationti, ' t .-,_ - t i` -` i., fix. < iF - r"V. In Virginia Beach,I call'upon the citizens and members within government agencies,public and private institutions, businesses,and schools in'Virginia Beach to also 6e`neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of 'Virginia Beach. In Witness ti{ ereorf I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be afftred this Twentieth Day of June,Two'housandand'Iwenty-Three. . >17 • ` Robert114)45ee( by'Dyer Mayor Gt14'A•Bc . - :... -4 1''''` •'''' -' ' 1 - "t • ' " SQ : f. ''p OUR NAr° - b� --- _ I wb, rotIantatton .o....-:.-4 0,:,.. .....: , ,,,, iitione., x i } ' 4t'°�=' 'United Way of SouthYfampton Roads has served the community through its quick-acting volunteer - ,":. 14, service,heartfelt public service support,and tireless workin partnership with the City of Virginia iz, Y'g¢ , Beach to assist in the emergency response and recovery efforts in the aftermath of the April30,2023, tE tornado,and F- -- - z , 4-4104 Whereas:eas: Vnited'Way ofSouth.Hampton Roads has given its skills and e> iertise to assist our residents in their greatest time of need while showcasing the etemplary culture of tare fouruf in Virginia Beach, ",,,,,,- which makes it such an outstanding location for many to call home;and Wlierear 11nited'Way of South Hfampton Roads has inspired others with its unyielding dedication to volunteer service and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and Whereas: The City of Virginia Beach and great Neckarea residents have greatly 6enefitedfrom the dedicated and enthusiastic support provided by`United'Way of South.-Campton Roads,it rs counted among the City's outstanding contributors who makg Virginia Beach a uniquely close-knit and desirable 4 '' ���° � .. s {� community;and � �',�r ` Wherrar Residents,military,and businesses impacted by the April"30th tornado have been 6lessedwith the generosity and passionate advocacy of United Way of South 2fampton Roads as it has strengthened relationships with the residents of Virginia Beach and within the?-fampton Roads area;and ='_;;: ;,;,. ;ft` . ?" Y`-:.i'•ea.' ;1c r _„3t--k.*,:,,,,, -. -_ `a-- .-,i t o-4, -- • _-.i_J'4*-3/r.}�.-t.L _ 't� ,_ . Where= By exemplifying the model of citizenship and volunteer service in the City of Virginia Beach,2lnited Way of South 9fampton Roads has empowered other citizens to contribute their skills and talents to {, the community - -#2-; �+ -`• zr, _ -i- ��. • i' '' - .:_ Wow,'nettfnre I,Robert X `Bobby'Dyer, Mayor of the City of Virginia Beach,'Virginia,do hereby proclafirr -`4. .:''.`i *-=''rw_ _ -,i:5,.•e�{:T.4 Lo":°a:*•, -"}°_. .. • --. • yt ,,r.. =�=34R` S r 2 ,°.- Vnited Way of South Yfarnriton qpads .0'4.''-,. ..-':'-.1--Ag -- :- - l e recipient of this Tornado R esponse Appreciation erockInsatxon In'Virginia Beach,I call upon the citizens and members within government agencies,public and private institutions, businesses, and schools in Virginia Beach to also be`neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In Witness 'Hereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affivd this Twentieth Day oflune,Two'Tiousand and Twenty-Three. &best at. Bobby"Dyer Mayor c 4lA-BEA O<c U t a r 4-B BUR NAh° ♦� • 11"11111' rothmation Whervax 'The'Virginia Beath Community Emergency tense Team(`'BCYER)has served the community through its quick-acting volunteerserrnce,heartfef pub&service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April 30,2023,tornado;and 'Whereas' VBCEIC1has given its skills and exertise to assist our residents in their greatest time of need while showcasing the e,.Tempfary culture of care found in Virginia Beach,which makgs it such an outstanding Location for many to call-home;and Whereas: VBCE4;;Thas inspired others with its unyierding dedication to volunteer service and efforts g _- throughout Virginia Beach to help establish the City as a premier coastal'community;and 4,t�iereax Tire City of Virginia Beach and great Neckarea residents have greatly 6enefitedfram the dedicated and enthusiastic support provided 6y The American Red Cross,it is counted among the City's outstanding contributors who make Virginia Beach a uniquely close-knit anddesira6Ce community; and Whereas Residents,military,and businesses impacted 6y the April30th tornado have been blessed with the generosity and passionate advocacy of lBCEKIas it has strengthened relationships with the residents of Virginia Beach and within the Hampton meads area;and WWherear By epnp&fying the mode(of citizenship and volunteer service in the City of Virginia Beach, lBCYE has empowered other citizens to contribute their skills and talents to the community. Now,'Arnim I,4 p6ert M. "Bobby'(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim.• ?fie Virginia Beach Community Emergency'R pone Team The recipient of this Tornado Wr.sponseAppreciation Ti oc(amation In Virginia Beach,I call upon the citizens and members within government agencies,public and private institutions, businesses,and schools in Virginia Beach to also be "neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. In Witness WWiereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to 6e affi*ed this Twentieth Day oflune,Two'Thousand and Twenty-Three. 'Robert M. `Bobby'Dyer Mayor 4c, tr- * * :a. L, -• ;„j}s y.., 2 ¢ ��:'.Tam �``e': O; are' -^.`Y 2 ` 14 aunt nP:03 97. 4110, r , _ 7. toytion" � � i 'W Vr erearginia VniteiNethodut Church(Disaster fOrsef has served the community through its quick f, acting volunteer seance,heartfelt pu6Gc service support,and tireless work in partnership with the 4 City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the Aprzf30,2023,tornado;and ; { Whereat Virginia ZUnited Methodist Church Disaster&lief has given its skills and eeertrse to assist our , residents in their greatest time of need while showcasing the exemplary culture of care found inJager?' Virginia Beach,which makes it such an outstarufing location forma to can home,and sa Whereat :Southern Baptist Disaster lef has inspired others with its unyielding dedication to volunteer service and efforts throughout Virginia Beach to 14 establish the City as a premier coastal community;and F '" Whereas: :The City of Virginia Beach and Great 9Yeckarea residents have greatly benefitedf om the dedicated and enthusiastic support provided by Virginia?United 9Kethodist Church Disaster getef,it is counted among the City s outstanding contributors who mafj Virginia Beach a dose kart - and desirable community,and s k .. Whereas: gZe.ridents,military,and 6usinesses impacted by the April30th tornado have been 6lessed with the generosity and passionate advocacy of Virginia'United 9dethodist Church'Disaster Relief as it has strengthened relationships with the residents of Virginia Beach and within the?fampton pads area;and ., r f Whereat- Whereat- By e.Xemplying the model of citizenship andvolunteerservice in the City of Virginia Beach, 44 ri 'y Virginia Vnited9Kethodrst Church DisasterWelef has empowered other citizens to contribute their '__: '- skits and talents to the community. rs �+�' '� .t. uti;, 4 - WOW,4hsitfore I,Rpbert 91. 'Bobby"Dyer,9Kayor of the City of Virginia Beach,Virginia,do hereby proclaim: tinted 9efethodist Church Disaster oltffief The recipient of this?orizado 4?csponseApprectation Pnc(amation `` In't*rrginia Beach,I cal-upon the citizens and members within government agencies,public and private institutions, businesses,and schools in Virginia Beach to afro be "neighbors helping neighbors"Luring emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplrft our beloved City of Virginia Beach. In%tness lw%e►reof, 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 June,Two Thousand and Twenty-Three. 146ert 9K. 'Bobby''Dyer ;� 9Viayor v - 5 r P I 2 ZOO 'hit' , + 99ts�� DUR NA�o e� 7 :,,, rothniatton :w+ Wismar Volunteer.lfampton Roads has served the community through its quick-acting volunteer service, heartfelt public service support,and tireless workin partnership with the City of Virginia Beach to assist in the emergency response and recovery efforts in the aftermath of the April-30,2023,tornado; and Whams: Volunteer.lfampton meads has given its skiffs and e2pertise to assist our residents in their greatest time of need while showcasing the exemplary culture of care found in'Virginia Beach,which makes it such an outstanding location for many to caffhome;and 414 erras 'Volunteer.lfampton 4pads has inspired others with its unyielding Al cation to volunteer service and efforts throughout'Virginia Beach to help esta6Gsh the City as a premier coastal community;and WNrierras: 'The City of Virginia!Reach and Great Neckarea residents have great&benef tedfrv,u the dedicated and enthusiastic support provided by Volunteer.lfampton Roads,it is counted among the City's .; outstanding contributors who mac Virginia Beach a uniquely close-knit anddesira6Ce community; t � and#. Whereas: idents,military,and businesses impacted 6y the April 30th tornado have been 6lessedwith the generosity and passionate advocacy of Volunteer.lfampton Roads as it has strengthened relationships with the residents of Virginia Beach and-within the,lfampton pads area;and Whereas: By exemplifying the model of citizenship and volunteer service in the City of Virginia Beach, VolunteerJfampton Roads has empowered other citizens to contribute their skilL and talents to the community. _._ . ,--.t, , . 'i s 4' Wow,Therefore I,Robert s4t. `Bobby'Dyer,Mayor of the City of Virginia Beach;Virginia,do hereby proclaim: Volunteer $` =0 �,., ; ` : , �ampton S��ads �, The recipient of this Norsk Wesponse.Z lion; cP'roc(amation In Virginia S&ach I call upon the citizens and members within government agencies,pu6lu and private institutions, businesses,and schools in Virginia Beach to also 6e `neighbors helping neighbors'during emergencies for the benefit and betterment of the community so that future generations can appreciate and further uplift our 6elovedCity of Virginia Beach. In Wallas Whereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affixed this Twentieth Day of June,Two thousand and Twenty-Three. 74A',16. Ro6ert 14. `Bobby'(Dyer 1110111, 9liayor I. BID OPENING 1. COMMUNICATION TOWER LEASE AGREEMENT FOR CITY OWNED PROPERTY- Telecommunication Services '".�y 4yLL dt* ' '''SA Ly`yv 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 has received a proposal for a long-term lease on City-owned property containing 10,340 square feet,together with an access and utility easement appurtenant thereto,located at the southeast perimeter of the Stumpy Lake Golf Course,in the City of Chesapeake, 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 Public Works. Real Estate 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 June 20,2023 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,JUNE 16,2023,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: httos://vbgov.webex.com/weblink/register/rec7 4847f227e1bb07153c16d5fdc7d97 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on June 20,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon: June 4,2023 and June 11,2023 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Communication Tower Lease Agreement for City-Owned Property located at the Southeast perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company, LLC re install, maintain, and operate facilities for providing wireless telecommunications services 2. Ordinance to ADD City Code Section 35.14 re allow proration of personal property elderly and disabled tax rate (Requested by the Commissioner of Revenue) 3. Ordinance to ADD City Code Section 2-215.4 re authorize alternative bonding requirements for indefinite deliver quantity contracts 4. Ordinance to END the Declaration of a Local Emergency re severe thunderstorms and tornadoes on April 30,2023 5. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2023, re view each street or alley proposed to be closed 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement between the City and Sister Cities Association of Virginia Beach, Inc. re update outdated provisions (Requested by Mayor Dyer and Council Member Berlucchi) 7. Ordinance to AUTHORIZE extension of the employment contract for the City Manager (Requested by the City Council) 8. Ordinance re the Compensation of the City Manager effective July 1, 2023 (Requested by City Council) 9. Ordinance re the Compensation of the City Attorney effective July 1, 2023 (Requested by City Council) 10. Ordinance re the Compensation of the City Clerk effective July 1, 2023 (Requested by City Council) 11. Ordinance re the Compensation of the City Real Estate Assessor effective July 1,2023 (Requested by City Council) 12. Ordinance re the Compensation to the City Auditor effective July 1, 2023 (Requested by City Council) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as West Canal re construct and maintain a proposed vinyl bulkhead with ten feet (10') return, four (4) timber piles, boat lift, pier, gangway, and floating pier at 2308 Windward Shore Drive DISTRICT 8 14. Resolution to RENEW permits to ALLOW Medical Emergency Services agencies to operate in the City re Pahala Park, LLC d/b/a Coastal Event Medical Management, Fast Track EMS,LLC,MB Solutions, LLC, and Shore Transport Services, Inc 15. Ordinance to TRANSFER $900,000 from Vacancy Savings in the General Fund to the FY2022-23 Virginia Beach Sheriffs Office Operating Budget re cover increased food and medical costs (Requested by the Virginia Beach Sheriff's Office) 16. Ordinance to APPROPRIATE $125,000 from the Tourism Investment Program (TIP) Fund Balance to the FY2022-23 Convention and Visitors Bureau Operating Budget re support the action sport series at various locations 17. Ordinance to APPROPRIATE $150,000 of Fund Balance in the Tourism Investment Program (TIP) Fund to the FY2023-24 Convention and Visitors Bureau Operating Budget and to AUTHORIZE additional sponsorship funds to the Symphony by the Sea Concert Series ($50,000) and to the Neptune Festival ($100,000) and provide direction the City Manager re future funding for such events (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman) L......./ 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 at the Southeast Perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company, LLC to Install, Maintain and Operate Facilities for Providing Wireless Telecommunications Services PUBLIC HEARING: June 6, 2023 MEETING DATE: June 20, 2023 • Background: On January 14, 2003, the City and Crown Castle GT Company, LLC ("Crown Castle") entered into a lease agreement ("Original Lease") for a parcel of land containing 10,340 square feet, together with an access and utility easement appurtenant thereto, located at the southeast perimeter of the Stumpy Lake Golf Course in Chesapeake, Virginia ("Premises"). The purpose of the Original Lease was to authorize Crown Castle to construct a building and a communications tower upon the Premises to conduct cellular radio telephone and other telecommunications operations. The Original Lease expired on January 13, 2023. 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 same 10,340 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 four (4) additional renewal periods of five (5) years each, upon the mutual agreement of the parties. Crown Castle currently has an anchor tenant and one additional subtenant. The first-year rent in the proposed new lease is $32,959.23, plus an additional $12,000 per year for the subtenant, 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 June 4, 2023 and on June 11, 2023, as required by Virginia Code §15.2-2101. The bid opening is scheduled for June 20, 2023. A public hearing was advertised on May 28, 2023, 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 June 6, 2023. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Public Works y City Manager: A-)9 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 2 EXECUTE A COMMUNICATION TOWER LEASE AGREEMENT FOR 3 CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST 4 PERIMETER OF THE STUMPY LAKE GOLF COURSE WITH 5 CROWN CASTLE GT COMPANY, LLC TO INSTALL, MAINTAIN AND 6 OPERATE FACILITIES FOR PROVIDING WIRELESS 7 TELECOMMUNICATIONS SERVICES 8 9 WHEREAS, the City of Virginia Beach ("City") is the owner of certain property 10 located at the southeast perimeter of the Stumpy Lake Golf Course, in Chesapeake, 11 Virginia, containing ten thousand three hundred forty(10,340)square feet(GPIN:2412-20- 12 9656) ("Property"); and 13 14 WHEREAS, Crown Castle GT Company,LLC("Crown Castle")is a Delaware limited 15 liability company that currently utilizes a communications tower and ground facilities located 16 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 lease 31 agreement with Crown Castle with for a term of ten (10) years, with four (4) optional 32 renewal periods of five(5)years each upon mutual agreement of the parties, in accordance 33 with the Summary of Terms, and such other terms, conditions or modifications as may be 34 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . ,tev A tc.--,,,i �- ubli Wo s City Attorney's Office CA16172 R-1 May 22, 2023 SUMMARY OF TERMS Tower Lease Agreement for Crown Castle GT Company LLC Premises: Off Indian River Road in the Pungo Borough, containing ten thousand (10,340)square feet(GPIN: 2412-20-9656),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 four(4) additional periods of five (5) years each. Rent: The first-year rent is $32,959.23, plus an additional $12,000 for the subtenant, 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 $25,000 surety bond for removal of facilities. Insurance: Lessee must maintain comprehensive commercial general liability insurance in the amount of $2,000,000, 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 LLCM 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 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 ___._.4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/A I disclosures must be updated two(2)weeks prior to any Page 1 of 5 Plannin_i Commission and Cit;Council meeting that pertains to the ar:;:Iication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: csq\B Virginia Beach ❑ 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(10096 Ownership Interest)' *Please see the attached list of affiliated business entities2 See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's Page 2 of 5 pm `44 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 ' 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 § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 CLyaf Virginia Beach • YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ Accounting and/or preparer of your tax return El 0 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 El Engineers /Surveyors/Agents Financing (include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El 0 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 El ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? To the best of our knowledge, Crown does not know of an official or employee with an interest in the subject land or any proposed development. Page 4 of 5 r ity ' VirginiaBeacl 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 5/23/2023 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 i r40- 1 O�- �Et .ts, __ _ _i �'s S. i fy lt4iv`1.-� CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Add City Code Section 35-14 to Allow Proration of Personal Property Elderly and Disabled Tax Rate MEETING DATE: June 20, 2023 • Background: The Virginia Code authorizes a reduced tax rate for a motor vehicle owned and used primarily by or for a qualifying elderly or disabled person. The City Council adopted a rate of one millionth of one cent ($0.000001) per $100 of assessed value as part of the FY2022-2023 Operating Budget and continued this rate for FY2023- 2024. The Commissioner of the Revenue (the "Commissioner") currently has the ability to consider mid-year changes in circumstances bearing upon an applicant's income or net worth for the real estate version of the Elderly and Disabled Tax Relief Program. The Virginia Code authorizes the City Council to adopt an ordinance that allows a prorated preferential tax rate for the portion of the tax year during which the taxpayer qualifies for such rate. • Considerations: The Commissioner requests the adoption of the attached ordinance. The language allowing a review of a change in circumstances tracks closely with a similar provision in the real estate program. The Commissioner believes this action will assist his office in qualifying individuals for tax relief and executing the intent of the City Council in adopting the rate for motor vehicles owned and used primarily by or for a qualifying elderly or disabled person. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Requested by the Commissioner of the Revenue REQUESTED BY THE COMMISSIONER OF THE REVENUE 1 AN ORDINANCE TO ADD CITY CODE SECTION 35- 2 14 TO ALLOW PRORATION OF PERSONAL 3 PROPERTY ELDERLY AND DISABLED TAX RATE 4 5 SECTION ADDED: § 35-14 6 7 WHEREAS, the Commissioner of the Revenue (the "Commissioner") 8 currently has the ability to consider mid-year changes in circumstances bearing 9 upon an applicant's income or net worth for the real estate version of the Elderly 10 and Disabled Tax Relief Program; 11 12 WHEREAS, § 58.1-3506.7 of the Code of Virginia provides enabling 13 authority for the City Council to adopt an ordinance that allows a prorated 14 preferential tax rate for the portion of the tax year during which a taxpayer qualifies 15 for such rate; 16 17 WHEREAS, the current rate in the City's personal property levy ordinance 18 applicable to the personal property version of the Elderly and Disabled Tax Relief 19 Program is $0.000001 per $100 of assessed value; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 1. That Section 35-14 is hereby added to the Code of the City of Virginia 25 Beach to read as follows: 26 27 Sec. 35-14. — Change in circumstances; proration. 28 29 An individual who, based upon the previous year's income limitations or 30 financial worth limitations, does not qualify for the tax rate upon a motor vehicle 31 owned and used primarily by or for someone at least sixty-five years of age or 32 found to be permanently and totally disabled, as authorized by Section 58.1- 33 3506.1 et seq. of the Code of Virginia, may nonetheless qualify for the current 34 year by filing an affidavit that clearly shows a substantial change of 35 circumstances that was not volitional on the part of the individual to become 36 eligible for the tax rate. If the application pursuant to this section is approved, the 37 extension of the preferential tax rate shall be prorated by multiplying the 38 applicable tax due by a fraction, wherein the number of complete months of the 39 year such property would be eligible for the preferential tax rate is the numerator 40 and the number twelve (12) is the denominator. Any extension of the preferential 41 tax rate under this section is conditioned upon the individual filing another 42 affidavit after the end of the year in which the preferential tax rate is provided, 43 within sixty (60) days of the completion of the year showing that the actual income 1 44 and financial worth levels were within the limitations of the personal property tax 45 levy ordinance. If the actual income and financial worth levels exceeded the 46 limitations, any extension of the preferrable rate shall be nullified for the taxable 47 year subject to treatment under this section and the taxable year immediately 48 following. 49 50 2. That this ordinance shall be effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S ENCY: Commissioner of the Revenue ' A orn s Office CA16185 R-1 June 7, 2023 2 fSQf' 'ySZ7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 2-215.4 to the City Code to Authorize Alternative Bonding Requirements for Indefinite Delivery or Quantity Contracts MEETING DATE: June 20, 2023 • Background: The Minority Business Council endorsed, and the City Council adopted, an item in the 2023 Legislative Agenda seeking the General Assembly clarification of the bonding requirements for indefinite delivery or quantity contracts. A copy of that request is attached hereto. An "indefinite delivery or quantity contract" is a contract that only requires performance of contractual obligations upon the request of the City and which establishes an annual cap for the total work that may be authorized under such contract. Authorizing alternative bonding requirements could remove potential barriers to participation in City contracts by Small, Women-owned, and Minority-owned (SWaM) businesses. The General Assembly adopted, and the Governor signed, the legislation requested, which is 2023 Acts of Assembly c. 211 ("Chapter 211") and is also attached. Chapter 211 requires the adoption of an ordinance prior to allowing a contractor for an indefinite delivery or quantity contract to furnish performance and payment bonds equal to the dollar amount of the individual tasks requested by the City for the contract. • Considerations: The attached ordinance is necessary to implement the legislative request the City Council included in its 2023 Legislative Agenda. The Minority Business Council endorsed this ordinance at its June 9, 2023, meeting. If adopted, the City would include the task order bonding requirements in its solicitations of indefinite delivery or quantity contracts starting July 1. The resulting contracts would have bonds issued to match task orders in conformity with Chapter 211. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Legislative Request; 2023 Acts of Assembly c. 211 Recommended Action: Approval Submitting Department/Agency: Finance City Manager: (Iry 1 AN ORDINANCE TO ADD SECTION 2-215.4 TO THE 2 CITY CODE TO AUTHORIZE ALTERNATIVE 3 BONDING REQUIREMENTS FOR INDEFINITE 4 DELIVERY OR QUANTITY CONTRACTS 5 6 SECTION ADDED: § 2-215.4 7 8 WHEREAS, the Minority Business Council endorsed, and the City Council 9 adopted, an item in the 2023 Legislative Agenda seeking the General Assembly 10 clarify the bonding requirements for indefinite delivery or quantity contracts; 11 12 WHEREAS, an "indefinite delivery or quantity contract" is a contract that 13 only requires performance of contractual obligations upon the request of the City 14 and which establishes an annual cap for the total work that may be authorized 15 under such contract; 16 17 WHEREAS, the General Assembly adopted, and the Governor signed, the 18 legislation requested, which is 2023 Acts of Assembly c. 211 ("Chapter 211"), 19 20 WHEREAS, Chapter 211 requires the adoption of an ordinance prior to 21 allowing a contractor for an indefinite delivery or quantity contract to furnish 22 performance and payment bonds equal to the dollar amount of the individual tasks 23 requested by the City for the contract; 24 25 WHEREAS, this ordinance is necessary to implement the legislative 26 request the City Council included in its 2023 Legislative Agenda; and 27 28 WHEREAS, the Minority Business Council endorsed this ordinance at its 29 June 9, 2023, meeting; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 34 1. Section 2-215.4 is hereby added to the Code of the City of Virginia Beach 35 to read as follows: 36 37 Sec. 2-215.4. — Indefinite Delivery or Quantity Contracts; Bonding. 38 39 a. "Indefinite delivery or quantity contract" shall have the meaning set forth 40 in Virginia Code § 2.2-4337. 41 42 b. If task order bonding is included in the City's procurement solicitation 43 and resulting contract, the contractor for an indefinite delivery or quantity 44 contract shall be allowed to furnish to the City a performance bond and 45 a payment bond with each equal to the dollar amount of the individual 1 46 tasks identified in the underlying contract. Such contractor shall not be 47 required to pay the performance bond and payment bond in the sum on 48 the contract amount for such contracts. 49 50 2. That this ordinance shall be effective July 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU CY: 1 e7 117a- Department of Finance Heys Office CA16188 R-1 June 7, 2023 ts,,P:fr7NVIRGINIA CODE AMENDMENT . „I �� CLARIFICATION OF BONDS REQUIRED FOR INDEFINITE DELIVERY / INDEFINITE QUANTITY CONSTRUCTION CONTRACTS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly has recently acted to reduce the bonding requirements for certain types of construction contracts. Most recently, SB258 and SB259 in the 2022 General Assembly increased the bond thresholds for transportation projects and removed the prequalification requirement for other bond waiver projects. One specific type of construction contract that has heretofore not been addressed is indefinite delivery / indefinite quantity (IDIQ) construction contracts. IDIQ contracts make no guarantee of work, but these contracts allow a public entity to establish pricing and issue task orders on an "as-needed" basis. IDIQ contract establish an annual not-to-exceed cap for the total work that can be authorized for such contract. The Virginia Public Procurement Act and specifically § 2.2-4337 require performance and payment bonds "in the sum of the contract amount" for any public construction contract above the statutory thresholds. In the context of IDIQ, there have been two approaches. One approach requires performance and payment bonds in the amount of the annual not-to-exceed cap for the total work that can be authorized. The other approach is to require bonds for the dollar amount of the individual tasks. The City of Virginia Beach, in concert with the Minority Business Council, continues to look for opportunities to remove potential barriers to participation in City contracts by Small, Women, and Minority-owned (SWaM) businesses. Because large bond amounts can create a barrier to participation by SWaM businesses, the City seeks clarification regarding the required bonds for IDIQ contracts. Request: The City Council requests Virginia Code§2.2-4337 be amended to authorize the City Council to adopt an ordinance regarding the performance and payment bonds for indefinite delivery / indefinite quantity construction contracts. If adopted, the ordinance would elect to require performance and payment bonds to be provided by contractors based on the dollar amount of the individual tasks instead of the annual not-to-exceed cap. ADOPTED Virginia Beach 2023 Legislative Agenda 14 VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 211 An Act to amend and reenact § 2.2-4337 of the Code of Virginia, relating to Virginia Public Procurement Act; certain construction contracts;performance and payment bonds. [H 1490] Approved March 22,2023 Be it enacted by the General Assembly of Virginia: 1. That §2.2-4337 of the Code of Virginia is amended and reenacted as follows: §2.2-4337. Performance and payment bonds. A. Upon the award of any (i) nontransportation-related public construction contract exceeding $500,000 awarded to any prime contractor or (ii) transportation-related project authorized pursuant to Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 exceeding $350,000 that is partially or wholly funded by the Commonwealth, the contractor shall furnish to the public body the following bonds: 1. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications, and conditions of the contract, unless the contract is an indefinite delivery or quantity contract with a local public body and the local public body adopts an ordinance pursuant to subsection G. 2. A payment bond in the sum of the contract amount, unless the contract is an indefinite delivery or quantity contract with a local public body and the local public body adopts an ordinance pursuant to subsection G. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in furtherance of the work provided for in the contract, and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the furtherance of the work. B. Each of the bonds shall be executed by one or more surety companies selected by the contractor that are authorized to do business in Virginia. C. If the public body is the Commonwealth, or any agency or institution thereof, the bonds shall be payable to the Commonwealth of Virginia, naming also the agency or institution thereof. Bonds required for the contracts of other public bodies shall be payable to such public body. D. Each of the bonds shall be filed with the public body that awarded the contract, or a designated office or official thereof. E. Nothing in this section shall preclude a public body from requiring payment or performance bonds for construction contracts below $500,000 for nontransportation-related projects or $350,000 for transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 and partially or wholly funded by the Commonwealth. F. Nothing in this section shall preclude the contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts that are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract. G. For indefinite delivery or quantity contracts awarded pursuant to subsection A, any locality may by ordinance allow the contractor awarded such contract to furnish to the local public body a performance bond and a payment bond, each of which shall be equal to the dollar amount of the individual tasks identified in the underlying contract. Such contractor shall not be required to pay the performance bond and payment bond in the sum of the contract amount if the contracting locality has adopted such an ordinance pursuant to this subsection. For purposes of this section, "indefinite delivery or quantity contract" means a contract that only requires performance of contractual obligations upon the request of the locality and which establishes an annual cap for the total work that may be authorized for such contract. c rrO �C . ` gp �u -,-------- is) ,k„, v� ..,,_...., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to End the Declaration of a Local Emergency MEETING DATE: June 20, 2023 • Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On April 30, 2023, effective at 7:10 p.m., the City Manager issued a declaration of local emergency in response to the imminent threat posed by severe thunderstorms and tornadoes and the loss or interruption of vital City services. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of the storm. The City took appropriate action to address the emergency and to assist citizens affected by the damage and flooding in the weeks that followed. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency, and the City Council did so by adoption of an ordinance on May 2, 2023. That Code section also provides that the City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. This ordinance will end the emergency declaration effective at 11:59 p.m. on May 30, 2023. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance, Declaration of Local Emergency, Memorandum Regarding the End of the Local Emergency Recommended Action: Approval ,---72 City Manager: 0 1 AN ORDINANCE TO END THE DECLARATION OF A 2 LOCAL EMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of emergency 5 management to declare the existence of a local emergency, subject to confirmation by 6 the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services 9 and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; and 13 14 WHEREAS, in response to the imminent threat of severe thunderstorms and 15 potential tornadoes, the City Manager, as the Director of Emergency Management, issued 16 a Declaration of Local Emergency on April 30, 2023, effective at 7:10 p.m.; and 17 18 WHEREAS, the City took emergency actions to assist citizens affected by the 19 devastating aftermath of the event in the weeks that followed; and 20 21 WHEREAS, the City Manager has concluded that the City had taken all necessary 22 local emergency actions as of 11:59 p.m. on May 30, 2023. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That, pursuant to Virginia Code § 44-146.21, the City Council hereby ends the 28 Declaration of Local Emergency effective at 11:59 p.m. on May 30, 2023. 29 Adopted by the Council of the City of Virginia Beach on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Offi CA16181 R-1 June 8, 2023 3730R 1 AN ORDINANCE CONFIRMING THE DECLARATION OF 2 A LOCAL EMERGENCY DUE TO SEVERE 3 THUNDERSTORMS AND TORNADO ON APRIL 30, 2023 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of emergency 6 management to declare the existence of a local emergency, subject to confirmation by 7 the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services 10 and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; and 14 15 WHEREAS, in response to the imminent threat of severe thunderstorms and 16 potential tornadoes, the City Manager, as the Director of Emergency Management, issued 17 a Declaration of Local Emergency on April 30, 2023, effective at 7:10 p.m. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms the 23 Declaration of Local Emergency issued by the City Manager on April 30, 2023, a copy of 24 which is attached hereto and incorporated by reference. nokAdopted by the Council of the City of Virginia Beach on the day of (Y1.1\ , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4C2Zt .-1 7c,r.&f:4 City Manager's Office City Attorneys Office CA16162 R-1 May 1, 2023 DECLARATION OF LOCAL EMERGENCY I,the undersigned,as Director of Emergency Management for the City of Virginia Beach, find the imminent threat of severe thunderstorms and tornadoes) to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage,loss, hardship,or suffering. Therefore,pursuant to Code of Virginia §44-146.21,as amended,I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning April 30,2023 at 1910 hours. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations, and plans as may be necessary to adequately and appropriately respond to said Local Emergency. S-7c) Patrick A. Duhaney,City Manager Director of Emergency Management V/30/Z2 3 Date EMERGENCY MANAGEMENT City of Virginia Beach CITY OF VIRGINIA BEACH Emergency 757-385-1077 VBOEM@vbgov.com -- Management www.emergencymanagement.virginiabeach.gov May 26, 2023 Patrick Duhaney City Manager RE: Local Emergency Declaration for Great Neck Tornado After a thorough and careful review of completed actions, the current situation, and progress made towards recovery, I am recommending that the Local Emergency Declaration for the April 30, 2023, Severe Thunderstorms and Tornado be ended on May 30, 2023. Ending this emergency declaration does not mean recovery is complete. Long term recovery from this devasting incident is far from over, especially for those directly impacted by it.This recommendation is being made because the incident has progressed through response operations and is now at a point in recovery that no longer necessitates the need for an emergency declaration to support our actions. Furthermore, to ensure support and assistance for those affected by this incident continues, Emergency Management has facilitated a Recovery Transition Plan.This plan establishes objectives for long term recovery, direct points of contacts, and provides pathways for departments to follow until recovery is complete. Respectfully, David Topczynski Director/Emergency Management Coordinator City of Virginia Beach 2412 North Landing Rd (Building 20) I Virginia Beach,VA 23456 r._ �. k,. I ,LVrtiArrJ CITY OF VIRGINIA BEACH AGENDA ITEM ) ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2023, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 20, 2023 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, the City Council added § 33-111.2 to the City Code, which provides for the appointment of three viewers for one-year terms, beginning July 1 of each year, to view every street or alley proposed to be altered or vacated during the terms of the viewers. ■ Considerations: Because the terms of the current viewers expire on June 30, 2023, it is necessary to appoint viewers for one-year terms beginning July 1, 2023. i Public Information: This ordinance will be advertised as a routine agenda item. i Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning ,04 City Manager: /44-9 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2023, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of the City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2023 and ending June 30, 2024 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, the Director of Public Works and the Director of 17 Parks and Recreation of the City of Virginia Beach are each hereby appointed as a 18 viewer to serve a one-year term beginning July 1, 2023 and ending June 30, 2024, to 19 view each and every application to close a street or alley, and to report in writing their 20 opinion of what inconvenience, if any, would result from discontinuing the street or alley 21 or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 414(///tV Department of Planning City Attorne s ffice CA16184 R-4 June 12, 2023 0 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Revised Agreement between the City and Sister Cities Association of Virginia Beach, Inc. . MEETING DATE: June 20, 2023 • Background: The Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact. The City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; Ards and North Down, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany. These Sister City relationships promote international cooperation, friendships, and cultural and educational exchanges with economic and tourist development activities. For many years, the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is governed by a Board of Directors. The purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable. In order to memorialize the responsibilities and obligations of the City and the SCAVB with respect to the Sister Cities program, on December 12, 2017, the City Council adopted an ordinance authorizing the City Manager to execute an agreement between the City and SCAVB, and the Council authorized a revision to that agreement on October 2, 2018. • Considerations: The current agreement is set to expire on June 30, 2023, and revisions are needed to clarify ambiguities and update outdated provisions. The proposed revised agreement also includes text reflecting the amount of the City's donation to SCAVB that the City Council authorized when it adopted its FY20 operating budget. • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance, Redlined Revised Agreement Requested by Mayor Dyer and Councilmember Berlucchi REQUESTED BY MAYOR DYER AND COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A REVISED AGREEMENT BETWEEN THE CITY 3 AND SISTER CITIES ASSOCIATION OF VIRIGNIA BEACH, 4 INC. 5 6 WHEREAS, the Sister City concept was introduced by President Eisenhower in 7 1956 to foster greater friendships and understanding between the people of the United 8 States and other nations through the medium of direct personal contact; 9 10 WHEREAS, the City has established Sister City relationships with the following 11 localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern 12 Ireland; Olongapo, Philippines; and Waiblingen, Germany; 13 14 WHEREAS, these Sister City relationships promote international cooperation, 15 friendships, and cultural and educational exchanges with economic and tourist 16 development activities; 17 18 WHEREAS, for many years, the Mayor's Sister City Commission served as the 19 City's Sister City organization, but in 2010, the commission was reorganized as the Sister 20 Cities Association of Virginia Beach ("SCAVB"), which subsequently qualified for federal 21 tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is 22 governed by a Board of Directors; 23 24 WHEREAS, the purpose of the SCAVB is to foster international understanding, 25 friendship and cooperation through the forging of continuing relationships and the 26 promotion of people-to-people exchanges between the City and its sister cities, and these 27 purposes are exclusively educational and charitable; 28 29 WHEREAS, in order to memorialize the responsibilities and obligations of the City 30 and the SCAVB with respect to the Sister Cities program, on December 12, 2017, the City 31 Council adopted an ordinance authorizing the City Manager to execute an agreement 32 between the City and SCAVB, and the Council authorized a revision to that agreement 33 on October 2, 2018; 34 35 WHEREAS, the current agreement is set to expire on June 30, 2023, and revisions 36 are needed to clarify ambiguities and update outdated provisions; 37 38 WHEREAS, the proposed revised agreement also includes text reflecting the 39 amount of the City's donation to SCAVB that the City Council authorized when it adopted 40 its FY20 operating budget; and 41 42 WHEREAS, the City and the SCAVB wish to adopt the revised agreement to 43 accurately memorialize the responsibilities and obligations of the City and the SCAVB 44 with respect to the Sister Cities program. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA: 48 49 That the City Manager is hereby authorized to execute the revised Agreement 50 between the City and the Sister Cities Association of Virginia Beach, Inc., a copy of which 51 is attached hereto. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16158 R-1 June 9, 2023 MEMORANDUM OF UNDERSTANDING between the CITY OF VIRGINIA BEACH and the SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INC. This Memorandum of Understanding ("MOU"), executed this day of , 202318, is made by and between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia ("City"), and the Sister Cities Association of Virginia Beach, Inc. ("SCAVB"), a non-profit Virginia non-stock corporation located in Virginia Beach, Virginia. This MOU supersedes and replaces the MOU signed on February October 9, 2018. RECITALS WHEREAS, the Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact; WHEREAS, the City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany , and is currently evaluating new sister and friendship cities; WHEREAS,the City acknowledges the importance of Sister City relationships for the purpose of international understanding, friendships, cultural and educational exchanges with economic and tourist development activities; WHEREAS, for many years,the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is governed by a Board of Directors, which currently includes the Mayor and another member of the City Council;; WHEREAS, the purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable; and WHEREAS, the City and the SCAVB wish to memorialize the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program. 1 AGREEMENT The City and the SCAVB, for and in consideration of their mutual efforts to support the City's Sister Cities program, agree as follows: 1. CITY OBLIGATIONS A. The City agrees to donate to the SCAVB $492,500 per year for the fiscal year beginning July 1, 202318. The City's donations will be by semi-annual payments of$244-,7250 to be paid in January and July of each year. B. The City will provide the Executive DirectorSCAVB with a dedicated office with Wi-Fi access, a terprinter with scan and copy features,a small conference table with chairs, and easily accessible storage space in a building within the City's Municipal renter o„ Cou eus ethe office. The City,through its City Manager,will have the sole discretion to determine the location of the office within the Municipal Center. The City will provide ordinary maintenance services for City-owned furnishings and equipment in the office. C. Because the City—and not the SCAVB—is a member of Sister Cities International, the City will continue to pay the City's annual dues to Sister Cities International. D. The City shall procure and pay for all approved Sister City travel-related expenses for City elected officials, appointed officials or employees in accordance with the City's travel policies and procedures. DiE. The City shall use its best efforts to timely inform the SCAVB of all visits, meetings, travel, or other interaction with any current or targeted sister or friendship city to maximize the opportunity for economic, educational, or cultural exchange. E:F. All of the City's financial obligations detailed above are subject to annual appropriations of adequate funding by future actions of future City Councils. 2. SCAVB OBLIGATIONS A. The SCAVB has appointed staff foran Executive Director of the SCAVB. The SCAVB shall arrange, procure and pay for all approved SCAVB-related travel expenses of the Executive Director.SCAVB staff and members of the Board of Directors (but excluding any board member or members who are City elected or appointed officers) and staff. B. The SCAVB shall authorize the Executivea Board Member Director to serve as Sister Cities International's state representative for the Commonwealth of Virginia when appointed to serve in that capacity by the Sister Cities International Board of Directors. 2 C. The SCAVB shall continue to solicit SCAVB sponsorships and donations for the operations and mission of the SCAVB members ara assign that task to the Eixec tive Director. D. The SCAVB shall ensure that the Executive DirectorBoard President coordinates all Sister Cities visits (to or from the City) with the Mayor's office and timely informs the City of any anticipated travel by City officials, appointees or employees so City staff may obtain and pay for such travel as provided for in subsection 1.D. above. E. The SCAVB shall ensure that the Executive Director provides the City Council with an annual report of the SCAVB's activities. 3. ADDITIONAL PROVISIONS A. It is understood and agreed between the City and the SCAVB that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this MOU. In the event funds are not appropriated and budgeted in any fiscal year for City financial contributions due to the SCAVB under this MOU, the City shall immediately notify the SCAVB of such occurrence, and this MOU shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the City of any kind whatsoever. B. In the performance of this MOU, both the City and the SCAVB will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of one shall not be construed to be the agents or employees of the other. C. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the SCAVB with any person or entity covering services or goods procured by the SCAVB, or for the negligent or willful acts of the SCAVB. D. The initial term of this MOU shall be for five years, effective July 1, 20234-8 through June 30, 2-0-2-32028, subject to the right of either party to terminate this MOU at any time by giving the other party at least ninety (90) days advance written notice_, in advance, of its intent to terminate. In the absence of such termination, upon the expiration of the initial term and upon the expiration of each successive term thereafter, this MOU shall automatically extend for five-year terms. E. The parties agree that if there is a dispute as to any provision of this MOU or if either party materially breaches or fails to perform its obligations under this MOU,the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty (30) days of receipt of the notice. 3 F. Any notice or notices required or permitted to be given pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt required, as follows: To the City: Virginia Beach City Manager 2401 Courthouse Drive Municipal Center, Building 1 Virginia Beach, VA 23456 To the SCAVB: President Sister Cities Association of Virginia Beach 2408 Courthouse Drive Room 138 Municipal Center, Building 21 Virginia Beach, VA 23456 G. This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the law of the Commonwealth of Virginia, and all question arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted,this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The VBASC shall comply with all federal, state and local statues, ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. H. Any provision of this MOU which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof. I. The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification to this MOU, except in writing, executed by the authorized representatives of the City, upon City Council concurrence, and the SCAVB. J. Neither party shall,without the prior written consent of the other party, assign, delegate, or otherwise transfer, in whole or in part, this Agreement or any rights or obligations arising hereunder. K. The SCAVB does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. L. The City does not discriminate against faith-based organizations. 4 As evidenced by their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH SISTER CITIES ASSOCIATION OF VIRGINIA BEACH By By City Manager Patrick A. DuhaneyDavid L. Hansen (Name) SCAVB President Approved as to Risk Management: Approved as to Legal Sufficiency: Risk Manager City Attorney's Office 5 [ •-'551 ,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Extension of the Employment Contract for the City Manager MEETING DATE: June 20, 2023 ■ Background: The City Council appointed Patrick Duhaney as City Manager in June 2020 and approved his employment contract for the term of July 20, 2020 to July 19, 2022. In 2021, the City Council extended his contract to July 19, 2025. The City Council and the City Manager desire to extend his contract by an additional two years. • Considerations: This ordinance authorizes the Mayor to execute the attached contract extension on behalf of the City. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; Amendment to Employment Agreement, and Employment Agreement with 2021 Amendment Requested by the City Council 1 AN ORDINANCE TO AUTHORIZE EXTENSION OF THE 2 EMPLOYMENT CONTRACT FOR THE CITY MANAGER 3 4 WHEREAS, the City Council appointed Patrick Duhaney as City Manager in June 5 2020 and approved his employment contract for the term of July 20, 2020 to July 19, 6 2022; and 7 8 WHEREAS, in 2021, the City Council extended his contract to July 19, 2025; 9 10 WHEREAS, the City Council desires to extend his contract by an additional two 11 years. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 The Mayor is hereby authorized to execute the attached contract extension on 17 behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: 7Z7J - v- City Attorney's O CA16176 R-1 May 23, 2023 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND PATRICK DUHANEY This Amendment,dated this day of June,2023, is by and between the City of Virginia Beach, a body politic and corporate and political subdivision of the Commonwealth of Virginia ("City"),and Patrick Duhaney("Employee")(collectively referred to herein as the"parties"), and amends the Employment Agreement entered into by the parties on June 23, 2020 ("Employment Agreement"), which was previously amended by an amendment dated June 24, 2021. Whereas,the term of the Employment Agreement,as previously amended,is July 20,2020,to July 19, 2025, unless extended by mutual agreement of the City and the Employee, and whereas, the City and the Employee desire to extend the term of the Employment Agreement for two additional years. WITNESSETH: THAT FOR AND IN CONSIDERATION of the promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Employment Agreement is hereby modified as follows: 1. TERM: The City and the Employee agree to the extension of the Employment Agreement for the period of July 20, 2025,to July 19, 2027. 2. All the other terms, conditions, requirements, and provisions of the Employment Agreement shall remain in force and effect. WITNESS the following signatures: CITY OF VIRGINIA BEACH EMPLOYEE Mayor City Manager Patrick Duhaney EMPLOYMENT AGREEMENT col This Agreement is entered into this day of OCA 11 , 2020 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as"City"and Patrick Duhaney,hereinafter referred to as"Employee." WITNESSETH WHEREAS,the City wishes to hire Employee as its City Manager; WHEREAS,Employee agrees to accept such employment;and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW,THEREFORE,for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I—Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. 1 Article II—Term of Agreement (a) Except as otherwise provided herein,this Agreement shall commence July 20,2020 and end July 19,2022,unless extended by mutual agreement of the City and Employee. (b) Except as provided by Article III; below,during the term hereof,Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III,below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided,however,that such resignation shall be in accordance with Article IIl,below. Article III—Termination and Resignation: Severance Pay (a) In the event Employee is terminated by the City before the expiration of the term of this Agreement,he shall receive as severance pay an amount equal to twelve(12) months of his annual gross salary. In addition, City shall pay the total cost of COBRA continuation coverage for a period not to exceed nine months or until such time as Employee secures alternative employment providing employer-provided health benefits,whichever is earlier. Employee shall also be entitled to payment of all leave accrued as of the date termination in accordance with existing City policy. Except as provided in this paragraph, all other benefits shall cease as of the date of termination. However,if Employee is terminated for misfeasance,malfeasance,or nonfeasance in office, all compensation by the City shall end as of the date of termination 2 (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may,in its sole discretion waive any or all of this ninety(90)day notice requirement. (c) In the event the City,at any time during the employment of Employee,reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee,or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay and benefits in accordance with Article III (a)of this Agreement. Article IV—Compensation This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually,by ordinance. City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of two hundred and seventy thousand dollars(S270,000),payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the annual gross salary described above, the City agrees to contribute an amount equal to 6 percent of Employee's salary, not to exceed the maximum permissible annual 3 contribution for which Employee is eligible, as announced by the Internal Revenue Services for each calendar year,distributed equally over the annual biweekly payroll cycle per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adjusted by City Council annually,by ordinance. Article V—Automobile Allowance In lieu of supplying a City-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of seven hundred and fifty Dollars($750)per month and in addition,Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council. In consideration thereof,Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article VI—Temporan. Housing and Moving Expenses Employee shall be required to establish residency within the City of Virginia Beach. City will reimburse the actual cost of temporary housing in an amount of up to $12,000 to Employee until permanent housing can be secured. In addition, the City will pay for usual and customary moving expenses for Employee to relocate to Virginia Beach. Employee will adhere to City guidelines for payment of moving expenses. 4 Article VII—Fringe Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance, including dental and vision coverage, available to all City employees in accordance with existing City policies and ordinances to the same extent as other City employees. Employee shall pay any premium or other cost associated with participation in these benefit programs on the same terms as all other City employees. Nothing herein shall be construed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (b) Except as set forth in this Article VII, Employee shall receive fringe benefits such as paid time off ("PTO"), life insurance, hospitalization and medical insurance, Virginia Retirement System benefits, etc. in accordance with existing City policies and ordinances as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees.Employee shall be credited with 15 days PTO on the first day of employment and then accrue PTO at the maximum rate allowed City employees under the City Code. Employee shall also receive 40 hours of executive leave annually. Article VIII—Hours of Emplovment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours arc necessary to satisfactorily perform the functions and duties of City Manager. • Article IX—Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national,regional,state,and local associations and organizations of a job-related nature(including the International City and County Management Association)and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences,as budgeted and approved by the City Council. Article X—General Business-Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article XI—Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee after six months of employment and thereafter at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. 6 (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment,as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof,this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vires,or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, Patrick Duhaney, has executed this Agreement, both the day and year first above written. CITY OF V GINIA BEACH BY 1/4. / ayor BY Patrick Duhaney 7 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH,VIRGINIA AND PATRICK DUHANEY This Amendment,dated this Z ' day of June,2021, is by and between the City of Virginia Beach, a body politic and corporate and political subdivision of the Commonwealth of Virginia ("City"),and Patrick Duhaney("Employee")(collectively referred to herein as the"parties"),and amends the Employment Agreement entered into by the parties on June 23, 2020 ("Employment Agreement"). Whereas, the term of the Employment Agreement is July 20, 2020 to July 19, 2022, unless extended by mutual agreement of the City and the Employee, and whereas, the City and the Employee desire to extend the term of the Employment Agreement for three additional years. WITNESSETH: THAT FOR AND IN CONSIDERATION of the promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Employment Agreement is hereby modified as follows: 1. TERM: The City and the Employee agree to the extension of the Employment Agreement for the period of July 20, 2022 through July 19,2025. 2. All the other terms, conditions, requirements, and provisions of the Employment Agreement shall remain in force and effect. WITNESS the following signatures: CITY OF VIRGINIA BEACH EMPLOYEE yor City Manager Patrick Duhaney .. c f 4 „i'1.'S'SL�7 ,,t2, 4,. - , ;; ,,,,z..:,?::*:,:., 4W'', CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 20, 2023 • Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. • Considerations: These appointee compensation ordinances provide that each appointee will receive a 5% increase in their salary, which will be implemented at the same time as the increase for other City employees. Additionally, the ordinance regarding the City Auditor includes a one-time bonus of$5,000. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2022, the annual salary of the City Manager, which is 12 currently $288,900, shall be increased by 5% to $303,345; and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall be $18,201, which equals 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: x i ie 4,;-0.- --r c City Attorneys Office CA16166 R-2 June 14, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS. Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH. VIRGINIA: 10 11 That. effective July 1, 2023, the annual salary of the City Attorney, which is 12 currently $250,672, shall be increased by 5% to $263,206; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia. on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16167 R-1 May 23, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH. VIRGINIA: 10 11 That, effective July 1, 2023, the annual salary of the City Clerk, which is currently 12 $123,473, shall be increased by 5% to $129,647, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually Adopted by the Council of the City of Virginia Beach, Virginia. on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: /)Q-e/e.4 "Tc_ City Attorney's Office CA16168 R-1 May 23, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH. VIRGINIA: 11 12 That, effective July 1. 2023, the annual salary of the City Real Estate Assessor, 13 which is currently $140,000, shall be increased by 5% to $147,000, and her car allowance 14 shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia. on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: p•rLe, .-et% City Attorney's Office CA16170 R-1 May 23, 2023 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA 10 11 That, effective July 1, 2023, the annual salary of the City Auditor, which is currently 12 $150,065, shall be increased by 5% to $157,568, and he shall receive a one-time bonus 13 of $5000. His car allowance shall remain at $6.000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16169 R-2 June 14, 2023 APT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize temporary encroachments into a portion of City-owned property known as West Canal, located at the rear of 2308 Windward Shore Drive MEETING DATE: June 20, 2023 • Background: Christopher Ryan Madden and Raya Lyn Thomas (the "Applicants") desire to construct and maintain a proposed vinyl bulkhead with a 10' return, four (4) timber piles, boat lift, pier, gangway, and floating pier within the City's property known as West Canal (collectively the "Temporary Encroachments"), located at the rear of their property at 2308 Windward Shore Drive (GPIN: 2409-08-0992). • Considerations: City staff has reviewed the Temporary Encroachments and has recommended approval of same subject to certain conditions outlined in the Agreement. • Public Information: Public Information will be handed through the normal Council agenda process. • Alternatives: Deny the Temporary Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate , / City Manager: rk) 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 WEST CANAL, 7 LOCATED AT THE REAR OF 2308 8 WINDWARD SHORE DRIVE 9 10 WHEREAS, Christopher Ryan Madden and Raya Lyn Thomas (the 11 "Applicants") desire to construct and maintain a proposed 151 linear foot vinyl bulkhead 12 with a 10' return, four (4) 10" timber piles, 11.4' x 11 .4' boat lift, 16' x 80' pier, 3' x 12' 13 gangway, and 10' x 15' floating pier within the City's property known as West Canal 14 (collectively, the "Temporary Encroachments"), located at the rear of the Applicants' 15 property at 2308 Windward Shore Drive (GPIN: 2409-08-0992); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 26 assigns and successors in title are authorized to construct and maintain the Temporary 27 Encroachments within the City's property as shown on the map entitled: "EXHIBIT 'A' - 28 ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, TIMBER 29 PILES, BOAT LIFT, GANGWAY, AND FLOATING PIER. FOR: CHRISTOPHER R. 30 MADDEN & RAYA L. THOMAS 2308 WINDWARD SHORE DRIVE LOT 47, SECTION 1, 31 BAY ISLAND, M.B. 45, PG. 37," Scale: 1" = 40', dated January 20, 2023, and prepared by 32 Align Surveying & Design, P.C., a copy of which is attached hereto as Exhibit A and on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda, and will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicants and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2023. CA15817 R-1 Prepared: 5/10/23 APPROVED AS TO CONTENT: AP ED AS TO LEGAL SU FICI AND FORM: ‘ A 1) P r L C WO KS, REAL ESTATE . A EYER SENIOR CITY ATTORNEY 2 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 `-\ QrCh 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTOPHER RYAN MADDEN and RAYA LYN THOMAS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "47", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2308 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 151 linear foot vinyl bulkhead with a 10' return, four (4) 10" timber piles, 11.4' x 11.4' boat lift, 16' x 80' pier, 3' x 12' gangway, and 10' x 15' floating pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY KNOWN AS WEST CANAL) 2409-08-0992 (2308 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as West Canal, 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 A PROPOSED BULKHEAD, WHARF, TIMBER PILES, BOAT LIFT, GANGWAY, AND FLOATING PIER. FOR: CHRISTOPHER R. MADDEN & RAYA L. THOMAS 2308 WINDWARD SHORE DRIVE LOT 47, SECTION 1 , BAY ISLAND, M.B. 45, PG. 37," Scale:1" = 40', dated January 20,2023, and prepared by Align Surveying & Design, P.C., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments 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 encroachments. 3 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 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 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Christopher Ryan Madden and Raya Lyn Thomas, 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 , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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 , 2023, 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 77-. / ----Z_ t--C; RIS I OPHER RYAN MADDEN /------7 A A LA THOMAS STATE OF CITY/COUNTY OF \l1'f p1101 6&Afih , to-wit: The foregoing instrument was acknowledged before me this 31 day of May'cih , 2023, by Christopher Ryan Madden and Raya Lyn Thomas. 6.-Wir‘i (SEAL) Notary Pub is '' 6.�, Shelby Been Notary Registration Number: 1°ZA 06 •` ,, <., Commonwealth of Virginia (;, ., Notary Public •',.,- t Commission No. 7929013 My Commission Expires: �.D iJOi2.D2_'J ''`""" My Commission Expires 6/30/2025 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ii) 1 A- P C WORNS — EAL ESTATE A . MEYER ENIO CITY ATTORNEY 7 i MADDEN/THOMAS ENCROACHMENT EXHIBIT 11 EXISTING PIER XS NGsu K"EA° NOW OR FORMERLY EXISTING PROPOSED 101x15' FLOATli_e- CITY OF VIRGINIA BEACH BOAT LIFTS WITH A 3'x12'GANGWAY MAN-MADE CANALS IN PROPOSED BOAT LIFT PROPOSED PIER BAY ISLAND (4) 10"TIMBER PILES 96 1 M.B.45 P. 37 PROPOSED 151 LF OF VINYL BULKHEAD 10' �� WITH 10 LF RETURN (161 LF TOTAL)TO BE -4 1.., 16'�T 2 _ .''-1.''-1CONSTRUCTED NO MORE THAN 2' w o r+1 -�-cp _ CHANNELWARD OF EXISTING BULKHEAD (o -I 11,E N 56°07'18" E 44.7 60� --� 7.5'J I m 150.35' _ �� 1 \ `r' I EXISTING o I BUI-1(1-1 LOT 47 PROPOSED JIP@I54.IT 2 1 ELECTRICAL 1 v, NJ NOW OR FORMERLY Z ,H, Lr' I ChRISTOPhER R. MADDEN $ \ 1 MH,a ° Glr' > I RAYAL. ThOMAS o w "' - z 2308 WINDWARD SNORE DRIVE 1.7 o m z p C 1 GPIN:24090809920000 \ I ^ -- Lou Z c t -a O r \INST:2021030G2103 M.B. 45. PG. 37 I z z 0 v 0 > 0 \ 1 FA� - oKC) -4 G M O m H C0 -op -r ro oo , O� r � a -4� 1 � Cm0� _ --i � Z1 po Apmm .1 Ifv rvrv � 0 � LA 20 co - 0mzr- LA 1STORYBRICK N o - 10K - om � o #2308 WINDWARD SHORE � ompa •p V1 1 P' omo � v m �I 1 1 -4 m < EJ 10 m z c w �1 I V N oI 1 w \ I AO'i R=904.55' A=125.00' MN bi, F CH=S63°02'16'W 124.91' S DELTA=7°55'05" -_J IP M.B. 45 PG. 37 285'TO P.C.AT COM PASS CIRCLE 0 40 80 WINDWARD SHORE DRIVE loommmmimi 50' RIGHT-OF-WAY SCALE: 1" =40' M.B. 45, PG. 37 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. XHIBIT 'A'- ENCROACHMENT Al-IN FORA PROPPROPOSED BULKHEAD, WHARF, SURVEYING & DESIGN, P.C. TIMBER PILES, BOAT LIFT, GANGWAY, AND FLOATING PIER. 4600 STATION HOUSE RD. STE. 202, CHESAPEAKE VA 23321 PHONE: 757-673-7740 WW.ALIGNSURVEYING.COM FOR: CHRISTOPHER R. MADDEN & RAYA L.THOMAS PROJECT NO; XXXXXX DRAWING NO: 2308 WINDWARD SHORE DRIVE LOT 47, SECTION 1, BAY ISLAND, M.B. 45, PG. 37 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED JANUARY 20, 2023 ` MADDEN/THOMAS ENCROACHMENT EXHIBIT EXISTING PIER NOW OR FORMERLY CITY OF VIRGINIA BEACH MAN-MADE CANALS IN EXISTING PROPOSED 10'x15' FLOAT BAY ISLAND 45 P.37 ... ./. BOAT LIFTS WITH A 3'x12'GANGWAY -FLOOD PROPOSED BOAT LIFT PROPOSED PIER EBB-- (4) 10"TIMBER PILES 961' WEST CANAL PROPOSED 151 LF OF VINYL BULKHEAD 10 ro M.B.45,PG.37 WITH 10 LF RETURN(161 LF TOTAL)TO BE 1.4‘ 16'_ IS _ N CONSTRUCTED NO MORE THAN 2' �' o Y 0iD `��� CHANNELWARD OF EXISTING BULKHEADi% �o .t _ N 56°07'18'E 44.7' 16116;000000010.1115 7.5' in 150.35' 80% Q0 VI I cr' _-:--TING BU►-KNEAD LOT 47 \------PROPOSED JIP@154.17' VII w NOW OR FORMERLY ELECTRICAL i N NJCHRISTOPHER R. MADDEN \ m -4 I o c-) RAYA L. THOMAS ". o w "' w -° � m Z 2308 WINDWARD SHORE DRIVE \ v 0 m o - Zp -^ ; GPIN:24090809920000 I^ 0 Z Z w1 y 0 ,- INS-1:202 1 03062 1 03 M.B. 45, PG. 37 \ I z Z O O.omrmO M oON� p 717 � �i .D T T -i ao0Dpm0 � O OOP Or � v2p3 � Z1 ^ \ I Io 0. o73MT � N IN 2201 41omCr- kilt 1STORYBRICK N' o �O2p3O Oo rTi o #2308 WINDWARD SHORE I Z o 9 Z 'ram m � -< Ill � 0 �t -a m Z v � I •ol.TH of I N • `/t o I O lir ,iii 4 4 y � R-904.55' AS 125.00' I /`F SEAN E. GREEN CH=S63'02'16'W 124.91' I S Lic. No. 0402 64005 DELTA-7'55'05` -_J IP M.B.45 PG.37 1 �- ',� 285'TO P.C.AT '�FSS�/16/23t�G\` COMPASS CIRCLE �NA� WINDWARD SHORE DRIVE 50'RIGHT-OF-WAY 0 40 80 M.B. 45, PG.37 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. SCALE:1"=40' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, WHARF, TIMBER PILES, BOAT LIFT, GANGWAY, AND ENGINEERING SERVICES PROVIDED BY: FLOATING PIER. STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 FOR: CHRISTOPHER R. MADDEN & RAYA L. THOMAS (330)883-2117 2308 WINDWARD SHORE DRIVE LOT 47,SECTION 1, BAY ISLAND, M.B.45, PG. 37 `©2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JANUARY 20, 2023 _ -1111111/1111111111111111111111....-- ' (3.) CO 0 a) I • ' LL CD I0 41114 IJJ 0 0 0 ..,z. M -0 3 CL LIJ a') 0gC r‘ Z 0 0 _- ---ii - _ .... .... . ., ... 1- < ,_ 1- .__., ..,.. -!, ‘.„... - • -, , ... z z . o wcezo) . '0,49- c i\AP ssiaR -- , 0 A • Ir 7' ,. < 1 III Csi le° -',4*- t, 0 0 n_i 10 Z 4 : O < < f7 Lr) ‘ ...._ . 4. i...4 ..., ..• ,,, „,,... , \ 't -- -4P•- - .. C:) S. ..„ . 1 W I t* ,• . \ L . .,.,;'...'. . • - 1 . ... • ...,..,.. • ' 16,..- .., • , ... 111,.. .. ',..' lel - ‘ - • • ,.. - - rillillilitsillikt _ - 1- - '•. IIC . ti ". ''• . . .. .... ,10.' .... - - if • '. r... 1 : A• 11:1116 fl •V A 130 r" „ f, - p _ 'V . '.."-.• %-AI Vc.._% 1 "___ .• 4,4', \ , . V .*°' , ...•4','' - • ."- t— ,0 4.7, • . _ ..... i ' '' '° '°' ik ' , , ----7-\\ • e- 'lig. ..f - ,., .P.,,-.4i., - . •' ..., --, . „ . . I , ..r V;01, lief. '7 4 , .1.1' . ,,. .,..... # , . . ,.. 9 , 111 .... . ,N • . ,ii , . . 114 .... -,.. ....0 . . . , . ,. . C>i . ... , ..... - z, coN L a) vo' . . , a) cp k 1110. oph CO 8 .., 1011- E>,,o >. cp • ill ,-- C 0 cv 4,11°11111111(111 A / 1 0. ... ,..' . .--- 0 ,* .. ,_ . N SHORE DR W 410, 1 S WE,� 4, j ,P0ti / O�P '00 n S 'K 74l \ -,----"<"-* —, OCL -0 , �,�` �� �p , \ ♦� \\ '\ O� -r \ LOCATION MAP `��� ENCROACHMENT REQUEST CHRISTOPHER RYAN MADDEN Legend & RAYA LYN THOMAS \ GPIN 2409-08-0992 City Property / Feet cm2409-08-0992 0 50 100 200 Madden Encroachment Picture Exhibit • .-',-. -. „_ . 're*pi- , 40-- • ..."74141CSlye . ..p.„-Ir .-•. t... .Vi '''lik ir:6, .. .... , , A , „if rjr:,.. I14 may. r •" ' ,::„ .-- =4 jr-ert ' •---1... TD i•- -ad IP liRir..4 ••=4......_1: si:•M-- .... -1 • • .4Qi.....„ .7.-7.._... • View looking West showing similar encroachments. . ... # • iv. • - - .. 1 III art_ hiTl, ,..II llry $ ► tic _x --� w P _ , • ! ., I` -L. 1�;+ ....t.- # a-!!-,.,t +. _ 3a mow:],. F .. •_ _ w� ti -:...`. 4' '-._ .' -z -; - z•• �, '.2' '�4 ire ` /, r,� • - �y.. • t 4 t t. '" .�„? " .�.t""� t Y _ ...`'"` �+: t ,Y cf. �!t =itht•• • •• - .._� :. _y •Y . ' ��l :.t -•O ` . sue~ • • . View looking North showing similar encroachments. Madden Encroachment Picture Exhibit - ----,..-- I'llik74:,'.- ...4;--. - '''.-( I is.,I _. lir_ k , _ ,,,i, _.... , ..-- 4 itill 7 I-Jill__ i i 1 . i ..... ,, „ .._ .4., ,.., 7. ,...._L._.____jllkiA,„;... iriAlte. t 1 MI ,y,�61:i 11NI,I tiY�it�i1iUuLI ."-- ..'" _,r► ,• Red y' , Vatlift -6 1 ....40.°49-- * _ -, View looking East showing similar encroachments. • 11/41/3 Disclosure Statement City of Virginia Beach Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Christopher R. Madden & Raya L.Thomas Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Waterfront Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business 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. Wage I Disclosure Statement • City of Virginia Bench 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? IYes 1, 19 • If yes,identify the financial institutions. 0\--\-IGYT\kc 'Bcti 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. 2IPage 111 Disclosure Statement City of Virginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the engineer/surveyor/agent. WCI, Stone Green Consulting LLC,Align Surveying& Land Design P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Christopher R. Madden & Raya L.Thomas Print Name and Title 5/11/2022 Date Is the applicant also the owner of the subject property? ■ Yes El No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Wage I c. (•SS1 fj • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Renew Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 20, 2023 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: The following renewal applications have been received and processed by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies: Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, LLC; MB Solutions, LLC; and Shore Transport Services, Inc. No new applications have been received by the Department of EMS. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical S • e f1 City Manager:/ 1 A RESOLUTION TO RENEW PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 12 LLC; MB Solutions, LLC; and, Shore Transport Services, Inc.; and 13 14 WHEREAS, the above-listed private ambulance agencies perform services not 15 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 16 transports, which include both basic and advance life support calls. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH; 20 21 1. That the City Council hereby grants renewed permits to the following agencies: 22 Pahala Park, LLC d/b/a Coastal Event Medical Management; Fast Track EMS, 23 LLC; MB Solutions, LLC; and Shore Transport Services, Inc. 24 25 2. That these permits shall be effective from July 1, 2023 to June 30, 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emerge cy Medical Services City Attorney's Office CA16191 R-1 June 12, 2023 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Pahala Park LLC "DBA" Coastal Event Medical Management Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of Owen Thornton tax returns Financial Services (include bank X institutions, lending institutions, Towne Bank and current mortgage holders as applicable) X Legal Services Charles Pittman CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S SIGNATURE Michael Lewis 05/15/2023 PRINT NAME DATE IV4,9cv.conAdls1iCmpartmenis;EM5iEM5Atlmrn006-01M1-SYC-PKOCE55-AREAESUPPLIER-AGREEMENT-hANAGEh9EI.T\supplio1loca/y-petmated-or&,ems-cl.losurt,latemeSt.druc 1'vb9ov.can\disIOepartmeM (f.1S\EMSAdminl000-01141-SVC-PROCCSS-ARMSUPPLIER-AGREEMENT-MANAGENENTsupplierlb[aloi-permatedt ',ems-disrlxwe-statement•-fillal`le.pol DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Fast Track EMS LLC Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) El ❑ Accounting and/or preparation of Brown Edwards tax returns Financial Services (include bank fl institutions, lending institutions, Old Pointe national bank,Truist, and current mortgage holders as Navy federal credit union, applicable) Radius Bank ❑ Page Wolfburg and Wirth Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. - -- - -4 APPLICANT'S SIGNATURE James H Stafford 5/30/23 PRINT NAME DATE DISCLOSURE STATEMENT FORM • The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: ✓, o v f oti5' Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparation of !,(�/ /' �G tax returns ' c.� Financial Services (include bank `I l� /'js �2 1E1 El institutions, lending institutions, W (( and current mortgage holders as applicable) ELegal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLI SIGNATURE /A c/eA 2 PRINT NAME DATE ♦, / - - -- - Y - / - - - - -- - DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. • Organization name: S► lU I f Serui'ci_S Indicate if you receive any of the following services, and if so, from whom: j PROVIDER (needed)additional sheets if YES I NO 1 SERVICE Accounting and/or preparation of tax returns YDUn �A J Financial Services (include bank (, f institutions, lending institutions, Pc+I %C at}icy) �f and current mortgage holders as applicable) 1541 D Legal Services o6 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S SIGNATURE I i rr'`-E.Atri ck_rt AA L5 ,5 PRINT NAME DATE Pare,�aN "''t I'4�./'��L4 Liz (=S -- t?) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer General Fund Vacancy Savings to the Sheriffs Office to Offset Increased Food and Medical Costs MEETING DATE: June 20, 2023 • Background: Beginning in FY2021-22, the Virginia Beach Sheriffs Office (VBSO) agreed to alterations of the contract with their food vendor, which increased the contract cost by 6%. The VBSO was able to absorb in its FY2021-22 budget the cost of that increase. However, in FY2022-23, the cost increases began to challenge the Sheriffs Office available funds, and costs are scheduled to exceed the budget. Lowered inmate population numbers have been the only thing keeping this contract from causing more financial burden to the Sheriffs Office's budget. The total budget for food in FY2022-23 is $1,319,615, but it is estimated the department will spend $1,400,000. Traditional medical care for inmates is the single largest expense in the VBSO Operating Budget. Inflation has resulted in higher costs for offsite medical services, personal protective equipment, other medical supplies, and routine testing. As a result of the pandemic, the VBSO adapted its facility, and many services normally provided in the Correctional Center have been subject to the changing conditions. Since FY2019-20, the VBSO has sequentially contracted with three medical vendors, due to various contractual issues. Each RFP has resulted in a contract with a different financial model, and inflation has risen as high as 6% during the current contract period. The current vendor utilizes a 100% cost transfer to the VBSO, which means that the vendor is entitled to 100% reimbursement for expenses, and those expenses have risen. Thus far through May, the VBSO has spent $7,500,000, and final billings for FY2022-23 are anticipated to be upwards of $8,700,000. This type of contract is not reliably consistent due to the uncertainty of the health of the inmate population at any point of the year, as well as an influx of new inmates with additional health problems. The VBSO is searching for a new vendor now due to contractual disagreements with the current vendor. • Considerations: Virginia law requires localities to fund medical and food costs of the jail population. The VBSO seeks insurance reimbursements where available, but most of the obligations for inmate health care fall to the City. This ordinance is necessary for the VBSO to meet its obligations through the end of the fiscal year. • Recommendation: Adopt the attached ordinance. • Public Information: Normal Council Agenda notification process. • Attachments: Ordinance Requested by the Virginia Beach Sheriff's Office REQUESTED BY THE VIRGINIA BEACH SHERIFF'S OFFICE 1 AN ORDINANCE TO TRANSFER GENERAL FUND 2 VACANCY SAVINGS TO THE SHERIFF'S OFFICE TO 3 OFFSET INCREASED FOOD AND MEDICAL COSTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $900,000 is hereby transferred from vacancy savings in the General Fund to the 9 FY 2022-23 Operating Budget of the Virginia Beach Sheriffs Office to cover increased 10 food and medical costs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services • tto ey's Office CA16186 R-1 June 7, 2023 ,r^��' r�G,sa`��N�u�'ciyL I 1 : ',•,,,---. i ` .am•. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $125,000 of Fund Balance from the Tourism Investment Program Fund for an Action Sport Series at Various Locations MEETING DATE: June 20, 2023 • Background: Due to the continued popularity of action sports, the Convention and Visitors Bureau supports a request from the City's Beach Events vendor, IMGoing, to fund 17 action sports events at various locations in the City. These events include both surf (5) and skate (12) components. A few of the action sports events occurred, but the delivery of the full slate of events requires addition funding. The action sports events are free and open to the public. The events will take place at the following locations: o Oceanfront (District 5/6) o 14th Street Pier (District 5) o Mount Trashmore Park (District 3) o Williams Farms Skate Park (District 4) o Woodstock Skate Park (District 1) o Lynnhaven Mall/Coastal Edge (District 3) • Considerations: The attached ordinance appropriates $125,000 of fund balance from the Tourism Investment Program or TIP Fund to support the action sports series. The Convention and Visitors Bureau will continue to work with Beach Events and seek other opportunities to bring new and innovative events for the City's residents and visitors. • Public Information: Normal Council agenda process. • Recommendation: Adopt the Attached Ordinance • Attachment: Ordinance, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager:f2/�'�� 1 AN ORDINANCE TO APPROPRIATE $125,000 OF FUND 2 BALANCE FROM THE TOURISM INVESTMENT PROGRAM 3 FUND FOR AN ACTION SPORTS SERIES AT VARIOUS 4 LOCATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $125,000 is hereby appropriated, with revenue increased accordingly, from the 10 fund balance of the Tourism Investment Program Fund to the FY 2022-23 Operating 11 Budget of Convention and Visitors Bureau for an action sports series by the City's Beach 12 Events vendor. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ()// Budget and anagement Services ' Att rney's Office CA16180 R-1 May 25, 2023 i.y tk 1,{ DISCLOSURE STATEMENT FARM • • The completion and submission of this form is required for all applications wherein such hpplicant may utilize certain service providers or financial institutions,and the City seeks [p know of the existence of such relationships in advance of any vote upon such application. tl SECTION 1 / APPLICANT DISCLOSURE Organization name: .1Airt6iQ1t4 /14aP6 r ri 611-)u#1, (-CC s SECTION 2.SERVICES DISCLOSURE Ire any of the following services being provided in connection with the applicant? If the answer to any item is YES, please fidentify the firm or individual providing the service: r _ _ YES NO SERVICE: PlU)V11)F:It ts»aiii'iasst Awl*ir a..Yi.a i t u ^ Accounting and/or preparer of your file(t_� return tt Financial Services(include lending/banking siinstitutions and current mortgage holden as • applicable) rvi Legal Services 14-1 e + ` Broker/Contractor/Engineer/Other Service IM(00%vt1 �V tet.y\J fy C. PI Providers /s J(`, Av. 4.4 e.%)4 4,11 44. ei t P~`As "A*4"4 a"S .C..& ems, /e1.4.rv+. XERTIFICATION: J certify that all of the information contained in this Disclosure Statement Form is complete, ;rue,and accurate. h7 Q �Y , r I understand I am responsible for updating the information provided herein if it changes prior to ¶ie Council action upon this Application. m E on4,n n L.9 G Yi 723 4PPLI T'S SIGNATURE PRENT NAME DATE r e n e c e S S a r y t 0 n f 0 t. Leyerr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $150,000 of Fund Balance in the Tourism Investment Program Fund, to Authorize Additional Sponsorship Funds to the Symphony by the Sea Concert Series and the Neptune Festival, and to Provide Direction to the City Manager Regarding Future Funding for Such Events MEETING DATE: June 20, 2023 ■ Background: The Virginia Beach Neptune Festival is a private, non-profit 501(c) (3) organization with a mission to provide a quality, safe, and diverse mix of events and activities that contribute to the charitable, educational, cultural, recreational, and economic development of the Hampton Roads region. The Neptune Festival produces over 40 events per year and hosts the well-known Neptune Festival Boardwalk Weekend which begins on the last Friday in September of each year. The 2023 Neptune Festival Boardwalk Weekend marks the 49th anniversary of the Virginia Beach Neptune Festival, and it is scheduled for September 29, 2023 — October 1 , 2023. • Considerations: The City of Virginia Beach has long supported the Neptune Festival, which provides entertainment for area residents and visitors and extends the tourism season. The City currently provides an annual sponsorship of $375,000. The attached ordinance provides an additional $100,000 to further support the long-term economic impacts this Festival brings to the City and to help offset the rising cost of hosting the festival. The funding for this project will be appropriated to the Convention and Visitors Bureau from the fund balance of the TIP fund. In addition, the Symphony by the Sea Concert Series is entering its 12th season of concerts. This concert series occurs at the 31st Street Park at the Virginia Beach Oceanfront and offers free entertainment for residents and visitors. The concerts are scheduled to take place from 7:30 p.m. to 9 p.m. on July 13, July 27, August 10, August 17, August 24, and September 5 of 2023. The attached ordinance provides an additional $50,000 for a revised annual sponsorship of$150,000. The source of funding is the fund balance of the Tourism Investment Program (TIP) Fund. The ordinance provides guidance to use the revised sponsorship amounts as the baseline for future budget preparation. • Public Information: Normal Council agenda process. • Attachments: Ordinance, Disclosure, Request Letters from Virginia Beach Neptune Festival Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Holcomb, Remick, Ross-Hammond, Rouse, and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 AN ORDINANCE TO APPROPRIATE $150,000 OF FUND 2 BALANCE IN THE TOURISM INVESTMENT PROGRAM 3 FUND, TO AUTHORIZE ADDITIONAL SPONSORSHIP 4 FUNDS TO THE SYMPHONY BY THE SEA CONCERT 5 SERIES AND THE NEPTUNE FESTIVAL, AND TO 6 PROVIDE DIRECTION TO THE CITY MANAGER 7 REGARDING FUTURE FUNDING FOR SUCH EVENTS 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. $150,000 is hereby appropriated, with revenue increased accordingly, from the 13 fund balance of the Tourism Investment Program Fund to the FY 2023-24 14 Operating Budget of the Convention and Visitors Bureau to fund the sponsorship 15 increase for the Symphony by the Sea Concert Series and Neptune Festival 16 sponsorships. 17 18 2. The funds appropriated herein are intended to allow an additional $50,000 19 sponsorship for Symphony by the Sea Concert Series, for a total annual 20 sponsorship of$150,000, and an additional $100,000 sponsorship for the Neptune 21 Festival, for a total annual sponsorship of$475,000. 22 23 3. The City Manager is hereby directed to use these updated sponsorship amounts 24 as the baseline funding for the Symphony by the Sea Concert Series and Neptune 25 Festival in the preparation of the FY 2024-2025 Operating Budget. 26 27 4. This ordinance is effective July 1, 2023. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement ervices y's ffice CA16187 R-1 June 7, 2023 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: Virginia Beach Neptune Festival 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 r SERVICE 1 PROVIDER(use addidonal sheets If needed)N El Accounting and/or preparer of White & Ambrose, PC your tax return Financial Services(include TowneBank lending/banking institutions and current mortgage holders as applicable) Williams Mullen Legal Services 1 Q . Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understa9d I am responsible for updating the information provided herein if it changes for to the Council action upon this Application. Christopher W. Chope 6/6/23 APPUC SFNAT r PRINT NAME DATE i4111i 411 p March 17,2023 Mr.Patrick A.Duhaney City Manager,City of Virginia Beach Municipal Center Virginia Beach,VA 23456 Dear Mr.Duhaney, The Neptune Festival takes great pride in representing the City of Virginia Beach as its Official Celebration. Created in 1974,the Neptune Festival is not confined to one weekend,nor is it just one major event that appeals to a distinct group; rather it is a yearlong collection of more than 40 diverse and accessible events that attract and entertain locals and visitors from all walks of life. We are a proven entity with 49 years of experience planning and producing the most widely attended festival in the Commonwealth of Virginia. Neptune Festival events appeal to audiences of all ages,backgrounds,and interests. For example,our annual Seniors' Gala attracts more than 600 attendees from as far away as northeast North Carolina for an evening of dinner and dancing,and our Symphony by the Sea Concert Series attracts more than 1,000 residents and guests to 31't Street Park on six evenings each summer. Likewise,our newly introduced Touch-a-Truck display offers an opportunity for families to see heavy machinery up close-this year,in honor of the City's 60"Anniversary,we will focus on vehicles,equipment, and professionals from across numerous City departments. The Neptune Festival recognizes the value of being"better together." We have created sustainable partnerships with Virginia Beach City Public Schools,and in 2022 we welcomed students from W.T.Cooke Elementary School and Seatack Elementary School:An Achievable Dream Academy to the International Sandsculpting Gallery. Prior to their visit,we worked with educators to provide curriculum-enhancing educational material. Additionally,we partnered with Naval Air Station Oceana to deliver Beach Blast-the annual event along the oceanfront featuring the US Fleet Forces Band,flybys, and parachutists. Our Beyond the Boardwalk program is a force multiplier for good by providing unique opportunities at our events throughout the year for more than 25 local non-profit organizations to increase their exposure and impact. The Neptune Festival gives back more than we receive. Our signature Boardwalk Weekend in late September and early October draws more than 400,000 people to the oceanfront during the fall season,filling hotels and restaurants during those economically important off-season months. Our most recent economic impact study illustrated that Neptune Festival Boardwalk Weekend attendees generated: • $1.19 million in direct tax revenue(3.2:1 return on City investment) • $23.5 million economic impact(63:1 return on City investment) • $16.9 million in direct economic impact Virginia Beach Neptune Festival 265 Kings Grant Road,Suite 102 J Virginia Beach,Virginia 23452 (757)498-0215 1 www.NeptuneFestival.com 1 @NeptuneFestival The price of produdng the festival is rising dramatically. The event services for which we contract are increasing In cost every year. For example,the cost of erecting and maintaining the tent for the international Sandsculpting Championship has increased 32%in just one year. The costs of every other service or product have risen in a similar fashion-from Ice to security to booking nationally known musical groups. The Virginia Beach Neptune Festival's request for City funding in 2023 is$500,000. We look forward to enhancing our events to maximize their appeal and relevancy as we accelerate towards the Neptune Festival's 50th Anniversary In 2024. We thank you for the City's support over the years,and we look forward to continuing our strong relationship with City leadership and staff. Sincerel,;' r Chope David C.Burton Preident'&-CF4 Chair of the Board of Directors VIRGINIA BEACH NEPTUNE FESTIVAL BOARDWALK WEEKEND FAST FACTS • 405,400 attendees over the three days of Neptune Festival Boardwalk Weekend • 52%of attendees are visitors from outside of Virginia Beach • 26,500 room nights generated by overnight hotel attendees • $170 per day spent by overnight hotel attendees • 1 In 4 residents visit Neptune Festival Boardwalk Weekend at least one day • 80%of attendees have visited Neptune Festival Boardwalk Weekend in the past • 8 average past visits attendees have made to Neptune Festival Boardwalk Weekend • 98%of attendees say they will return or may return next year • 4 in 5 visitors came to Virginia Beach specifically to attend Neptune Festival Boardwalk Weekend $1.19 million In direct tax revenue went to: o $596K to the Tourism Investment Program o $422K to the General Fund o $175K to the Tourism Advertising Program 2 • c*1si) 1 f March 17,2023 Mr.Patrick A.Duhaney City Manager,City of Virginia Beach Municipal Center Virginia Beach,VA 23456 Dear Mr.Duhaney, The City of Virginia Beach and the Virginia Beach Neptune Festival have been successful partners in our Symphony by the Sea Concert Series for the past 13 years. Together,we created this series in 2010 with the intent to provide a free, family-friendly atmosphere in the middle of the week for locals and visitors to enjoy a unique musical experience at the Virginia Beach Oceanfront. The City's original investment of$100,000 for six annual orchestra performances, supplemented by our sponsorship and VIP subscriber programs,has delighted tens of thousands of attendees for more than a decade. We have continued the series as initially developed without increased City funding throughout this entire period. Over the past three years,we have faced numerous difficult decisions with the series.In 2020,we cancelled the series due to COVID and returned the City's full investment.In 2021,we reprogrammed the series to operate on a limited scale.In 2022,the post-pandemic environment allowed us to return the series to normal,resulting in record attendance. As we prepare for the 2023 Symphony by the Sea Concert Series,we have seen event expenses continue to rise across the board.Orchestra fees have Increased more than 50%,production by 30%,tenting/equipment by 25%,and security by 12%.Without an increase in the City's contribution,we will be unable to continue to produce a series that both residents and visitors have grown to love and anticipate each year. As such,the Virginia Beach Neptune Festival is requesting the City funding of the Symphony by the Sea Concert Series increase to$185,000 annually.These funds will allow us to manage the rising expenses,while we continue to provide this exceptional series of events in the inclusive environment we envisioned more than a decade ago. We thank the city of Virginia Beach for its continued support of this program and the greater arts community. Sincerely, ' r � C , Ch�srnp er"Ki"Chope David C.Burton Pre/4MM& Chair of the Board of Directors Virginia Beach Neptune Festival 265 Kings Grant Road,Suite 102 I Virginia Beach,Virginia 23452 (757)49B-0215 I www.NeptuneFestival.com ( @NeptuneFestival L. PLANNING 1. BONNEY'S CORNER ASSOCIATES, LLP for a Conditional Change of Zoning from B2 Community Business District to Conditional B4 Mixed Use District re 81,150 square feet of retail& up to 322 multi-family dwelling units at 1385 Fordham Drive DISTRICT 1 (Deferred from January 17, 2023) RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2 Approved December 13, 2016 (Deferred from June 6, 2023) RECOMMENDATION: APPROVAL 3. COMMONWEALTH CATHOLIC CHARITIES / CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions to a Conditional Use Permit re group home at 642 North Lynnhaven Road DISTRICT 8 (Deferred from May 16, 2023) RECOMMENDATION: APPROVAL 4. THOMAS A. BROWN for a Variance Section 4.4(b)&(d) of the Subdivision Regulations re reconfigure the boundaries of four (4) existing parcels at 2888 Indian River Road DISTRICT 2 RECOMMENDATION: APPROVAL APPLICANT REQUEST DEFERRAL TO JULY 11, 2023 5. ALACRITY, LLC / OLD BRANDON FIRST COLONIAL ASSOCIATES, LLC, for a Conditional Use Permit re body piercing establishment at 1721 Laskin Road DISTRICT 6 RECOMMENDATION: APPROVAL 6. CAROLINE, LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 605 DISTRICT 5 RECOMMENDATION: APPROVAL 7. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th 1/2 Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th 1/2 Street DISTRICT 6 RECOMMENDATION: APPROVAL .4u e Ilk: y Z `t...—. 'r NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,June 20,2023 at 6:00 p.m.in the Council Chamber at City Hall,2nd Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: pttps://vbgov.webex.com/weblmki registerirec74847f227efbb07153c15 d5fdc7d97 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on June 20,2023. The following requests are scheduled to be heard: Bonney's Corner Associates, LLP (Applicant & Property Owner) Conditional Rezoning(B-2 Community Business District to Conditional B-4 Mixed Use District to include 81,150sf feet retail&up to 322 multi-family dwellings at a density of 15.51 units per acre)Address:1385 Fordham Drive GPIN(s):1465392458 City Council:District 1 Commonwealth Catholic Charities (Applicant) Catholic Diocese of Richmond (Property Owner)Modification of Conditions(Group Home)Address:642 North Lynnhaven Road GPIN(s):1488805079 City Council:District 8 Thomas A. Brown (Applicant& Property Owner)Subdivision Variance (Section 4.4(b)&(d)of the Subdivision Regulations)Address: 2888 Indian River Road, parcel north of 2888 Indian River Road,and two parcels on the east side of a 15- foot wide private Lane, north of Indian River Road GPIN(s): 1493339800. 1493440002,1493348082,1493440216 City Council:District 2 Alacrity LLC(Applicant)Old Brandon First Colonial Associates,LLC(Property Owner) Conditional Use Permit(Body Piercing Establishment)Address:1721 Laskin Road GPIN(s):2407784497 City Council:District 6 Caroline, LLC(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:303 Atlantic Avenue,Unit 605 GPIN(s):24273224031800 City Council:District 5 Nicholas luliano(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address: 505 20th 1/2 Street GPIN(s): 24270709520002 City Council: District 6 Jamie George(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:507 20th 1/2 Street GPIN(s):242707091300002 City Council: District 6 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. CHANGES TO PUBLIC NOTICE - Beginning with the July 2023 meeting, the advertisements for public notice of the Virginia Beach City Council meetings will be posted in the Virginian-Pilot for two consecutive Tuesdays prior to the public hearing. 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-JUNE 4,2023&JUNE 11,2023-1 TIME EACH fl o - I r, a Q _!OOa \ fl LC) Lf) n — -gG\ * i N C � �,� o ,........, tcp,0 , T , \:::3 - liti--------- 11‘70 117 \ ;p, Z _ -411""-i cl") 0) i 1 4 ', D �?- OC OCa p OC OC4___ = 0 ► 3 - t�3 i \ CD iDO\ •I II ❑CAI y [� a Q \ , t �� , A crudal-e=R�ad o r!` i c o Ll� 1 ''' ce' 015312 \ ' - t ' s' ' ' ° Ll_ ' ? ' 7 '' ± ± Lt)4 '( ' •• 0 z \. 3 4.) LC) \ ' 0 irrrw 0\4- Triii;) Ls, ' \it) 4 ir- . ----- : CL° ta2/--N a 1 ,, '• `� �r� p © r,(,L4 3 0 a~�� � � i, c ' 3N�m m N � � _R ad� 0 3 / c`, N� ___ _/, Ke.m p Sv i l�l e- 0 cv'-co m o0 7 . Ii c.,,i N 0 a f) \\ c] 03 --- ' ° ,0 m J coD 1• , 1` '� N m) WI. U CO N i N 7 II CO,11_,,, 1--\, N , , ,\\ m�<11 ',1. 1--. 1\ • -- - / / CI) E PI V2c2 --1.0 \ IP\ In i • It01' Y g ° / ' / <St/401 . N / / / 1 -fr_(r_ . ww\ 03 / 6 e.t„ •,-) 2 hi i N1 i 111)."- ai cm \ .• 1 6CO, 0 1.0 r .)' om O. iii_ \, . coCN \ 4 0, ,,, ‘., / co o \ co CC•1 / '( ' 2 Nam? 4 c N O m 0 CO 49 00 in w , \ ,,- , Ca m c., , . %.- Q° 0 i- - r...?1-111D,D,D in N N\N O� --- ci,_1-.J - ----- , ' tV 5, /0 VIIVA ha \ 'um /CV ,N -NN/ - °' -i ��'� \,' oo N c� 0N r\e , 0 4C<4 t 'jt g/2 -i ' ° LCV'//-WQ.)::/\'' c Qll m�m COOc., � ,,,,,7 0 ;DO ju Cez rik4 OCr � 3 0 0 .0_0c o COOC — � ;� ? , ` OCR ate\ c ;A CCr .71 �A' '1 j 4 �J r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY'S CORNER ASSOCIATES, LLP [Applicant & Property Owner] Conditional Change of Zoning (B-2 Community Business to Conditional B- 4 Mixed Use) for the property located at 1385 Fordham Drive (GPIN 1465392458). COUNCIL DISTRICT 1 MEETING DATE: June 20, 2023 (deferred on January 17, 2023) ■ Background: The applicant seeks to rezone a portion of the Kemps River Crossing Shopping Center from B-2 Community Business to Conditional B-4 Mixed Use District to develop a mixed-use community. According to the applicant, the shopping center currently has a 56 percent vacancy rate. Approximately half of the existing shopping center will be demolished and replaced with five new buildings, including five apartment buildings with a maximum height of 50 feet and a single-story clubhouse building. The redeveloped site will add 322 market rate multi-family dwelling units, resulting density will be 15.51 units per acre. The proffered exterior building materials will have a mix of brick veneer, fiber cement siding, and architectural fiberglass shingles with metal accent features. Amenities may include an outdoor swimming pool, a clubhouse, pedestrian paths with benches, and a water fountain feature. While not proffered, the applicant estimates the mix of residential unit types as follows: Unit Types Number of Units Number of Bedrooms 1 Bedroom 120 120 2 Bedrooms 174 348 3 Bedrooms 28 84 Total 322 552 The Zoning Ordinance requires 901 parking spaces for this mixed-use development while 988 parking spaces are provided, thus exceeding the required parking by 87 spaces. A Phase I Environmental Site Assessment was completed and recommended a soil analysis be completed for the property, due to the potential impacts of a drycleaner business operating in an adjacent portion of the shopping center outside of this development site. The applicant completed a soil test which yielded low levels of solvents from the adjacent drycleaning business. The site has been Bonney's Corner Associates, LLP Page 2 of 3 entered into the Voluntary Remediation Program with the Department of Environmental Quality (DEQ) and the applicant will continue to coordinate with DEQ to ensure any contaminant found on site will be properly mitigated. This application was deferred at the January 17, 2023, City Council meeting to allow the applicant additional time to share details of the project with the surrounding communities. Since the deferral, the applicant held three public engagement meetings on March 3rd, March 13th, and May 22nd. While the community does seem to generally support the redevelopment concept, there are still concerns regarding the perceived increase in traffic with the additional 322 multi-family units. ■ Considerations: While the applicant was encouraged to incorporate an affordable housing component with the redevelopment and opted to only offer market rate housing, the Planning Commission recognized the benefits of redeveloping this shopping center, where more than half of the available leasing space is vacant, into a vibrant mixed-use community. Staff received two letters of support for this request. There were six speakers in opposition, one speaker in support, and one speaker expressing concerns at the Planning Commission public hearing. The focal point of opposition, along with an online petition of opposition is related to traffic congestion. The applicant provided a Traffic Impact Memorandum that showed the redevelopment of the shopping center will generate less traffic that the existing commercial use. Staff agreed with the conclusion of the Memorandum that a Traffic Impact Study was not warranted for this project as the proposed development will generate less traffic and the established roadway network and access points can accommodate the proposed development. The Memorandum shows the proposed development will reduce the trip generation by 5 percent during the AM peak and 42 percent during the PM peak when compared to the existing by-right commercial uses on-site. It should be noted that the Memorandum data is based on the assumption that the shopping center is fully occupied as the property is zoned B- 2 Community Business District and retail uses would be permitted as a matter of right. The opposition also noted concerns related to stormwater runoff. Between the existing paving and structures, the site is entirely impervious. The applicant proposes to add greenspace which will reduce the impervious cover on the site. According to the applicant, stormwater quality requirements will be meet by utilizing manufactured filtering devices where possible. Although the applicant initially proposed to purchase off-site nutrient credits, to address stormwater concerns that were brought up during the Planning Commission public hearing, the applicant submitted a revised set of proffers to include an additional proffer stating that the development would not utilize the purchase off site nutrient credits to meet the stormwater requirements. The Staff Report has been updated with underline and strikethrough to reflect this change. There is also a planned City CIP Project (CIP 100161.007) that would improve the water quality in this area through the installation of an underground treatment system at the intersection of Fordham Bonney's Corner Associates, LLP Page 3 of 3 Drive and Center Lane that would remove both trash and some sediment before flowing to local waterways. Final design and details of the stormwater system will be completed during site plan submittal to ensure compliance with all applicable stormwater regulations. Information provided by the Virginia Beach City Public Schools staff indicates that the number of students anticipated with the proposed residential development will be within an acceptable threshold for increases in student population. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On December 14, 2022, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 1. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Support (2) Online Petition of Opposition (Link Only - https://www.change.org/p/delay- approval-for-kemps-river-shopping-center-re-zoning?redirect=false) List of Public Outreach Dates Kemps River Crossing Water Quality Improvement - CIP 100161.007 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /21)-0 Applicant & Property Owner Bonney's Corner Associates, LLP Agenda Item INB Planning Commission Public Hearing December 14, 2022 City Council District 1,formerly Kempsville 2 Virginia Beach Request Conditional Rezoning (B-2 Community Business to Conditional B-4 Mixed Use) LJ _ ( \ ir _ Staff Recommendation ,D,„E_ . •% Approval •, oc g e � i Staff Planner W tir 14 . ! ' td-.(4 .1 3— Hoa N. Dao a ° �n 4, 0 �4� Location `s d 10 L. 1( i y y► O 1385 Fordham Drive / �.r t I a �0 GPIN 1465392458 Wessex Lan. ` s' P 8elvoir La40 �� Site Size 20.76 acres "kv- AICUZ �eso‘ O c'e Less than 65 dB DNL �rc�e‘a Watershed2,,i.N....._../14Nair �, j ` I Chesapeake Bay Existing Land Use and Zoning District Shopping Center/ B-2 Community Business I. n ion r =3 :`�.5 *\�, '1„,, 't .r:'L*-;.A. , Ai'' :"‘ AC-rc'''''‘ -,_ Surrounding Land Uses and Zoning Districts • a ' '. '"asa North _ -a .._, .? t... ';.. T ,s -14 Kempsriver Drive/Fordham Drive , ..1,., _ ? A. -a` Mixed retail/ B-2 Community Business f' - ' • r,`• 3 South i �. §,�: . o C:C$r}##yy►►jj YlF a ;. s Fordham Drive/ Indian River Roads.Mixed retail B-2 CommunityBusiness fi°-" � _ - -.' = -sue sr East , �, ;' = p� . ,* ., r_ Fordham Drive � ' Mixed retail/ B-2 Community Business l,+ a �-± r.��k� , r y,, West ..: ?-; . , Kempsriver Drive �' " - Mixed retail/ B-2 CommunityBusiness sal:, f ` ,- , . t: ti Bonney's Corner Associates, LLP Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant seeks to rezone a 20.76-acre site from B-2 Community Business to Conditional B-4 Mixed Use District in order to redevelop a portion of the Kemps River Crossing Shopping Center into a mixed-use development.The redeveloped site will add 322 market rate multi-family dwelling units and a 3,900 square foot community clubhouse with an outdoor pool.The resulting density will be 15.51 units per acre. 81,150 square feet of existing retail space will remain. • Approximately half of the existing shopping center will be demolished and replaced with f4ve six new buildings, including few five apartment buildings with a maximum height of 50 feet and a single-story clubhouse building. • The proffered exterior building materials will have a mix of brick veneer,fiber cement siding, and architectural fiberglass shingles with metal accent features. • While not proffered,the applicant estimates the type of available residential units as follows: Unit Types Number of Units Number of Bedrooms 1 Bedroom 120 120 2 Bedrooms 174 348 3 Bedrooms 28 84 Total 322 552 • The Conceptual Site Plan shows 1002 988 parking spaces will be provided,while 922 901 parking spaces are required by the Zoning Ordinance. Proposed Use Parking Requirement Number of Parking Spaces 81,150 SF Shopping Center 1 per 250 SF 325 322 Multi-Family Dwellings 2 for the first 50 units 576 1.75 for each additional unit after Total Parking Required 901 Total Parking Provided 988 • Amenities may include an outdoor swimming pool, a clubhouse, pedestrian paths with benches, and a water fountain feature. • No changes to the existing access points from Kempsriver Road and Fordham Drive are proposed. • The proffered plan also depicts required streetscape and interior parking lot plantings. Additional details regarding the landscape plan will be reviewed during the final site plan submission. • According to the applicant,the shopping center currently has a 56 percent vacancy rate. • The proffered concept site layout depicts 10-foot and 40-foot strips of land to be dedicated to the City for future expansion of the existing pump station on Fordham Drive. • A Phase I Environmental Site Assessment was completed and recommends a soil analysis be completed for the property. The applicant completed a soil test due to the potential impacts of a drycleaner business operating in an adjacent portion of the Shopping Center outside of the development site since 1985. Bonney's Corner Associates, LLP Agenda Item 2 Page 2 Pl Wi n. .��; Il t �1 z ti,a++ t -- --ig ... „.0 , ,0 otirioI ..rw� -. Zoning History b. ;�(0t ' ��.,s� �tolv � �� 9'! V. V 1/11 qt ;� •� j �I _..‘ 1 CUP(Assembly Use)Approved 01/04/2022 t I., war C,� _ i .:o �d lig1 � go a ." D °d 2 CUP(Indoor Recreation Facility)Approved 10/15/2019 �Rw8 ��� ED •o ' � o, / <�• , ` 3 CUP(Automobile Service Station)Approved 03/03/2015 // / z s G• • '-m 4 MDC(Religious Use)Approved 06 12 2012 „„titi /�.? ) e. �ii Q ��(a CUP(Indoor Recreation Facility)Approved 09/28/2010 IOW MS.0 ,yd44,:• i ' 4'.-/� j4, I; M in* . CUP(Automobile Repair)Approved 08/11/1993 //_ •.�!:, � ����'% & •La �`1= = 5 CRZ(R-5D to Conditional R-5D& B-2)Approved �V 4 e. ' Nail I 12/14/2010 ! ,N�Ar. ,�_ x //,� , j lid 6 CRZ(R-15 to Conditional 0-1)Approved 11/10/2009 ,� �m , �� Q r 0 �c 7 CRZ(0-2 to Conditional B 1)Approved 12/11/2007 ke,444„, o a 44, LSD ��� �, CUP(Religious Use)Approved 12/02/2003- tr ....,,,&{ �\ M� A �(.�k,,,,,,,-7,--; ' 8 CUP(Religious Use)Approved 08/24/2004 �_� ° �` 41 w 7 ' �f 9 SVR(Lot Area)Approved 02/08/2000 J. Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The proposal to rezone and redevelop the Kemps River Crossing Shopping Center into a mixed-use development, in Staff's opinion, is acceptable. The Comprehensive Plan supports enhancement of existing commercial centers through means of innovative products, services, and design. The proposal provides mixed-use opportunities, and in Staff's opinion, preserves the quality and character of the neighborhood while providing convenience services for the community and residents within the development. Given that the area is surrounded by commercial uses, creating a diverse mixed-development will help to support the retail uses being maintained, and would comply with the Comprehensive Plan recommendation. Impacts to surrounding residential uses is limited as this portion of the shopping center is surrounded by commercial uses. The applicant was encouraged to incorporate affordable housing component with the redevelopment and opted to only offer market rate housing. Staff recognizes the benefits to redeveloping this shopping center, where more than half of the available leasing space is vacant, into a vibrant mixed-use community. The proposal will also reduce traffic impacts in this area.The applicant provided a Traffic Impact Memorandum for review. Staff agrees with the conclusion of the memorandum which states a Traffic Impact Study is not warranted for this project as the proposed development will generate less traffic than the shopping center and the established roadway network and access points can accommodate the proposed development.The memorandum shows the proposed development will reduce the trip generation by 5 percent during the AM peaks and 42 percent during the PM peaks when compared to the existing by- right commercial uses on-site. A Soil Test was completed for the site and yielded low level of solvents from an adjacent drycleaning business that operated nearby since 1985. The site has been entered into the Voluntary Remediation Program Manager with the Department of Environment Quality (DEQ). As a remediation, a vapor mitigation system may be designed during the construction of the apartments.The applicant and environmental consultant will continue to coordinate with DEQ to ensure any contaminant found on the site will be properly mitigated as required by state and federal regulations. Between the existing paving and structures,the site is currently entirely impervious. The proposed development,with the added greenspaces will reduce the impervious cover on the site,thereby meeting the stormwater quantity requirements. According to the applicant, stormwater quality requirements will be meet by utilizing manufactured Bonney's Corner Associates, LLP Agenda Item 2 Page 3 filtering devices where possible and through the purchase of off site nutrients credits. Final design and details of the stormwater system will be completed during site plan submittal to ensure compliance with all applicable stormwater regulations. Information provided by the Virginia Beach City Public Schools Staff indicates that the anticipated number of students with the added residential development will be within an acceptable threshold for increases in student population. Based on the considerations described, Staff recommends approval of the rezoning application with the proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets. Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes,the location, design, materials, amenities, and unit count shall be substantially as set forth in these proffers. Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers. Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law. Proffer 2: When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion, provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance, are fully accommodated, do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. Proffer 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer&Company, P.C., entitled "Conceptual Elevation—revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning& Community Development; approval shall not be unreasonably withheld. Bonney's Corner Associates, LLP Agenda Item 2 Page 4 Proffer 5: The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the "Clubhouse")"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 6: The number of multi-family residential units located on the Property,when developed, shall not exceed a total of three hundred twenty-two (322). Proffer 7: Landscaping installed on the property,when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located in substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. Proffer 8: The free-standing signs for the apartments shall be located where shown on the site plan. They shall be monument-style and shall not exceed a height of eight(8)feet. The proposed signs shall conform with the Zoning Ordinance. The materials, design and color pallets of the free-standing signs shall match those of the architecture,and color pallet of the apartments. Proffer 9 (added post Planning Commission): When and as developed as shown on the Conceptual Site Plan, Grantor will not use off site nutrient credits to meet any stormwater pollution reduction quality requirements otherwise required by state and local regulations. Proffer 910: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and in the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site, as it is developed with a shopping center and asphalt parking lot. Bonney's Corner Associates, LLP Agenda Item 2 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsriver Drive 7,300 ADT1 20,700 ADT 1(LOS 4"D") Z— Existing Land Use 10,292 ADT Proposed Land Use 3—6,565 ADT Fordham Drive Traffic Counts Not Available 'Average Daily Trips z as defined by the existing 3 as defined by the proposed 4 LOS=Level of Service shopping center mixed-use with 81,150 SF of retail space and 322 multi-family units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Both Kempsriver Drive and Fordham Drive are in the vicinity of this site. Kempsriver Drive is considered a four-lane divided collector street and Fordham Drive is considered a two-lane undivided local street. There are no CIP slated for these portions of the roadways. Public Utility Impacts Water The site is connected to City water.There is an existing eight-inch city water main along Kempsriver Drive and Fordham Drive. Existing water lines may need to be upgraded to accommodate the proposed development and a separate domestic water meter from the commercial uses is required. Sewer The site is connected to City sanitary sewer.There is an existing eight-inch city gravity sanitary sewer along Kempsriver Drive and Fordham Drive, and an eight-inch city sanitary sewer force main at the intersection of Fordham Drive and Center Lane. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Kempsville Elementary 436 students 522 students 29 students 29 students Kempsville Middle 783 students 847 students 11 students 11 students Tallwood High 1,827 students 2,116 students 13 students 13 students "Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • One letter of support and an online petition of opposition (1,762 signatures as of 12.29.2022) have been received by Staff noting concerns related to traffic congestion, impact to schools, and decrease of property value. Bonney's Corner Associates, LLP Agenda Item 2 Page 6 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on November 14, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 27, 2022 and December 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 28, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on December 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. Bonney's Corner Associates, LLP Agenda Item 2 Page 7 Proposed Site Layout IL {'; `'� ' s K�tvtPSRNER DRIVE d � a , ) I.Tom- �•. t ft.': f �eW if _ - _ - - - - :::'' d'ri - - - - - - ,, '`-`-:) i'-;' • ,, 'N% Oil.. A "I/ *Xi - III144 , , . • v ,,..• ii ,,, ..„.„, , ,,(00„, 4,e• \i ya � ._ III •� �' +�. h • r t / •� ti �. 11/ - • rl�• `/ !' r ® ..-.••'fir V,1 1 ► • 4 \• fir, , =:,„, ,74,,,..pr ,\/4) . ., i. i. . 4, \ 1 '; EnMP NE r/ . ��� ♦ w.z ,0:♦ i ."/ '/' `i✓` \mil�I)!'a �,� (-. t da � iX Nkr� .!•.•` Cs 1 �$/` }�� ii• `•`... / / r •+..wu a 1! - z\ "U_-�,. i l_ }}fir _ i • % ! i/.y, I ti -`•� .\,1 is -1' !.i LI 4 /ar ... ijll '`\ .• �? -. �` ` `;t ! f ram`` r Q �! 1Di�4 .�2 /d 1 1,1 /l • Rid 0 i ��, ' :,.. / ; _ '�' r- ��r I f' it •r' 4 Bonney's Corner Associates, LLP Agenda Item 2 Page 8 Proposed Elevation Plan - Apartment - : E 9 B = 11 4 .., . ..., i .,. = i iinirli. . iii IHE d i. n .. . 5 E-ifiTE7 ;i: .., id I_ Id i g k . 2.: 2 tan as a El r i ti— i. 1 is 1 vittirtFt ti _ .. r,-; It yitousq I rd a . ay.,-.-- 2.. - ri Iiii Ir. 1 ,6 IN. INIP.4 a.... j'.-,T., 5 ,* ari (-D sa=- ma' s.l'i - um `5 =.. 119=111: 2 ; D iL ....I W•a a a sass ......< < i 1 I NM IN MI 17: i - E -i • ' hi' ','. - ---Wir- me IN ai. -1- l''', -c-- 7-- . I IBM MN II . -- I IN _• NI '- • ... ME MEM ... ill I — rli fill i a 1:wili6j. i (5 t — a' Pa mei me P. Ea 0 ono ra an uj 174 am V im • ow UN 0 1 .. LIM 19 i MI IZ 4 WM UN ,HIM i I ' Z t i.„...„.... _ op _____ is• R. Ilifiliq < li 11 Ild - 0 i — 7 14 I• I' 1-11 _DI 1 ."2-, :( R ... . .- - = = c•a _,----,) --R--`±i I 7-7 , n i. -1 11 ..;..:RE =. _i_:„. _.7" IN• NE 1---. _ 21 7. • tu) Z • •- 1 D 0 U .. .. Bonney's Corner Associates, LLP Agenda Item 2 Page 9 0 0 (D Cl. m rD CU 0 ai c cr c VI MOM / _. Tv ME CLUBHOUSE CONCEPTUAL NORTH ELEVATION(facing pool) CLUBHOUSE CONCEPTUAL EAST ELEVATION(facing maintenance buildir ��■ L 1 1 _ ■rr•U min laImma�ro'�li . nod; :>i. 11. ‘, CLUBHOUSE CONCEPTUAL SOUTH ELEVATION(facing Fordham Drive) CLUBHOUSE CONCEPTUAL WEST ELEVATION(facing Center Lone) CO 0 (D N n 0 (D D CIOcn m 0 o Q �. - Vf p4 (D CD r � r O N Site Photos r. atom , I . : ...x. ;r. it i i '" 4 - - __ ..,..___ --7.----ar. , . __ _...„..,_ _ ____ , ,,,.„. . ,,....� :gam ________ ,. _ ,i...„.--:::-.„.„-z..,..-.77:7-,:::,,. „,,,,.,...;1., .....- 1.r.‘ Y F i- ilhit.. ., , ,. _ _ i.,...___..........itiLimilixs.i, - - .iti-_. i • . . . , _, ....„.. , i_.1_ _ _ .........„ ______ _____ _ _ .. _ __.,... ......... __, _;., •‘... . . . •,,; .-..-.......4._ . 4....„;,.._::..:._,..:,. _.. ..r.. .41,., _._, e,,,iww 6„ n f:., Bonney's Corner Associates, LLP Agenda Item 2 Page 11 Site Photos ,_:::, r _ _. -4-'7V-*,*).-*',", 1111.1 ite---F"---- s. . �w Bonney's Corner Associates, LLP Agenda Item 2 Page 12 Disclosure Statement • Disclosure Statement I tilt=,i1;1t.1t'"nt The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Bonney's Corner Associates,L.L.P.a Virginia Limited Liability Partnership Does the applicant have a representative? ■Yes 0 No • If yes,list the name of the representative. RI Nutter,Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Ni Yes ❑No • If yes,list the names of a:l officers,directors,members,trustees,etc.below. (Attach a list If necessary) 'See attached • If yes,list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict cf 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. 1 ( :, Bonney's Corner Associates, LLP Agenda Item 2 Page 13 Disclosure Statement • Disclosure Statement ` ��1 Ti A 4 33[�� l� Conn comity V-*f is t`f,rt' 1{. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject pubic action?❑Yes II 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 cn the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. No lender currently being considered 2. Does the applicant have a real estate broker/agent/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 or the property?❑Yes U 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?al Yes ❑ No • If yes,identify the firm and individual providing the service. Cox Kliewer,Herb Shartle 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U No • If yes,identify the purchaser and purchasers service providers. 21 . Bonney's Corner Associates, LLP Agenda Item 2 Page 14 Disclosure Statement Disclosure Statement s4 E • Planning&Community r _ 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service Kimley-Horn Associates,Jeremy Yee,Engineer 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?NI Yes ❑No • If yes,identify the firm and individual providing the service. Troutman Pepper Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt 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. Apo leant Signature '~ Bonney's Corner Associates,L.L.P.a Virginia Limited Liability Partnership Print Name and TMe Lawrence Fleder agent for Trustee of the Fleder Family Trust 1976 Date Augusk ,2022 Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must he updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications []x No chances as of Date 2023.06.02 signature Pnnt Name Hoa N.Dao Revised II.09.2020 3 Bonney's Corner Associates, LLP Agenda Item 2 Page 15 Disclosure Statement troutman1 pepper Attachment-List of Members The Caplan Family Trust 1976,Joseph L. Hecht, Trustee Hecht Family 1976 Trust Partnership, Stephen R. Caplan, Manager The Fleder Family Trust 1976,Allan G. Donn, Trustee Karen G. Jaffe Exempt M Trust, Karen G. Jaffe, Trustee Karen G. Jaffe Non-Exempt M Trust, Karen G. Jaffe, Trustee Karen G. Jaffe Trust,dtd 02/21/2003 Karen G. Jaffe, Trustee Nathan E. Jaffe Trust dtd Restated 3/5/09), Nathan E. Jaffe, Trustee Harvey Lindsay&Company 112958212 Bonney's Corner Associates, LLP Agenda Item 2 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Bonney's Corner Associates, LLP Agenda Item 2 Page 17 41 `ft • - '. CITY OF VIRGINIA BEACH ,y a * '," * INTER-OFFICE CORRESPONDENCE 9P4- s'� 0rc OF `OUR NA �NS In Reply Refer To Our File No. DF-10848 DATE: June 9, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Bonney's Corner Associates, LLP The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 20, 2023. I have reviewed the subject proffer agreement, dated January 3, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. BKW/ka Enclosure cc: City Manager's Office Prepared by: RJ Nutter II,Esq.(VSB No. 17774) Troutman Pepper LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 PROFFER AGREEMENT THIS AGREEMENT (this "Agreement"), made this 3rd day of January, 2023, by and between BONNEY'S CORNER ASSOCIATES, L.L.P., a Virginia limited liability partnership (to be indexed as "Grantor", here and after will be referred to as Grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach,Virginia,identified by Tax Map Number 1465-39-2458-0000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the"Property"); and WHEREAS,Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional B-4; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN: 1465-39-2458-0000 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor,for themselves,their successors,assigns,grantees,and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets. Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes, the location, design, materials, amenities, and unit count shall be substantially as set forth in these proffers. Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers. Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law. 2. When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion,provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance,are fully accommodated, 2 GPIN: 1465-39-2458-000 do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. 4. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevation — revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning & Community Development; approval shall not be unreasonably withheld. 5. The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the"Clubhouse") "), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The number of multi-family residential units located on the Property, when developed, shall not exceed a total of three hundred twenty-two (322). 7. Landscaping installed on the property, when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located in substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. 8. The free-standing signs for the apartments shall be located where shown on the site plan. They shall be monument-style and shall not exceed a height of eight(8)feet. The proposed signs shall conform with the Zoning Ordinance. The materials, design and color pallets of the free-standing signs shall match those of the architecture, and color pallet of the apartments. 9. When and as developed as shown on the Conceptual Site Plan,Grantor will not use off site nutrient credits to meet any stormwater pollution reduction quality requirements otherwise required by state and local regulations. 10. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 3 GPIN: 1465-39-2458-000 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO IMMEDIATELY FOLLOW] • GPIN: 1465-39-2458-000 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BONNEY'S CORNER ASSOCIATES, LLP, • a Virginia Limited Liability Partnership By: Nam : Lawrence E. Fleder Title: Agent for Trustee under Delegation to Agent dated February 25, 2015 By: a Na - ''a ii " C an Title: anager of Hecht Family 1976 Trust Partnership STATE/COMMONWEALTH OF \I;R ;r,;�(ar CITY/COUNTY OF d; ;cZ p & IK ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3rd day of January, 2023, by Lawrence Fleder, Agent for Trustee under Delegation to Agent dated February 25, 2015, and t.es c e,..c Caplan, Manager of Hecht Family 1976 Trust Partnership, in their capacity as designated gents for Bonney's Corner Associates, LLP, a Virginia limited liability partnership. They are personally known to me. Witness my hand and official stamp or seal this 3rd day of January,2023. -\(\0,6 L-(W822,_ Notary Public (SEAL) My Commission Expires: I \ .31\ ZO2S Registration Number: o9 \3 cz q .. . GPIN: 1465-39-2458-000 ...._ \�' gyp `,. EXHIBIT A LEGAL DESCRIPTION: All THAT certain lot, piece or parcel of land, located, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as PARCEL '5' AREA = 20.763 ACRES, as shown on the plat entitled, "SUBDIVISION OF PROPERTY FOR BONNEY'S CORNER ASSOCIATES AND KEMP RIVER CORNER ASSOCIATES, KEMPSVILLE BOROUGH,VIRGINIA BEACH,VIRGINIA',prepared by Talbot&Associates,Ltd.,which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 176 at page 31. 6 GPIN: 1465-39-2458-000 Virginia Beach Planning Commission December 14, 2022, Public Meeting Agenda Item # 2 Bonney's Corner Associates, LLP (Applicant & Property Owner) Conditional Rezoning (B-2 Community Business District to Conditional B-4 Mixed Use District) Address: 1385 Fordham Drive RECOMMENDED FOR APPROVAL— HEARD Mr. Wall: Okay, thank you. If you have an application that was on the consent agenda, your request will now be scheduled for an upcoming city council meeting. Staff will contact you about the dates. For those applicants on the consent agenda, thank you for your participation, and you can remain in the meeting either virtually or in person, but you're free to leave. The next order of business is the regular agenda. Madam Clerk, we're ready for the first item. Madam Clerk: Thank you, Mr. Chairman. Agenda item #2 Bonney's Corner Associates, LLP. It's an application for a Conditional Rezoning B-2 Community Business District to a Conditional B-4 Mixed Use District at 1385 Fordham Drive in Council District 1, formerly the Kempsville District. Mr. Nutter: Thank you, Mr. Chairman. It's a pleasure to be here. My name is RJ Nutter. I'm attorney representing the applicant Bonney's Corner Associates. First, let me thank the staff who did an awful lot of work on this application. Dealt with Hoa, asked more questions than there are pages to his report, but that always works out in everyone's benefit because you get the facts out right away. I've represented this client for a number of years, and this is a 1970s version shopping center, and its zoned B-2, the interior portion is just over 20 acres as he indicated to you, and the problem they've been facing is the same problem that's been facing many large retail centers across the country, and in particular in this Hampton Roads area. The larger box locations on this facility had been vacant now for several years to a point where it not only impacted the loss of revenue from those players, but it was also affecting the bottom line of every one of the single remaining mom and pop shops. They'd lost the people that had directed the traffic to their center. So, after they started losing some of those, we started meeting with city leaders about how to deal with this as it was an issue that was coming forth to the country of all about the same time in 2019, 2020. With the advent of Amazon and other retailers of that nature, shops like this, were having considerable trouble. So, at that time, we actually met with the mayor, and we met within the district, Representative Jessica Abbott. We met with the then Planning Commission representative for that area, Mr. Weiner. We met with Mrs. Wooten who represents the adjacent area, and it worked through all of that with them, and they all understood the problem, and all wanted to be supportive how we move forward with this application. With that in mind, we then filed an application with the city almost two years ago, that application went through a wide variety of staff review, and we put it on hold for a while because there was some possibility of city putting some uses in the property, we put it on hold, none of those uses came to fruition, and the situation at the center has gotten worse. We were at that point about 40% vacant, we're now over 57. In fact, the number I have is 57%. I'm not going to quibble with Ross 46%- 56%, but it's a considerable problem, and so that presents, how do you then preserve this center from going further down the tubes. We then in addition to that, we're working with staff, we then started a program of outreach to the various departments and other agencies that would have an impact here. Those being the traffic department, those being storm water, all of those agencies we tried to reach out to make sure we understood their issues. Now, I will tell you that we're happy to have staff recommendation of approval, it did not come lightly, they went through every issue you can think of, and we've also, the benefits of that issue, we maintain a traffic level for people inside the center. Now all of a sudden, the people who live in these apartment complexes can go directly to the retail shops directly there, and the nice part about that and this is not reflected in the traffic report all the way. The nice part about that is that that's going to reduce traffic impact even further and drive up the ability of the small shops to stay in business. The traffic report we did do, assume that it was a freestanding multifamily project, independent of this of a shopping center. So, they would assume that everyone lived in that shopping complex would drive off site, to retail shops, to restaurants, to the movie theaters, all the features to which they can walk inside the center. In fact, it's really just taking this old shopping center, and making a mixed use center, like we're used to seeing more and more frequently throughout your application process. So, the benefit of this application is not just to the centers owners and their tenants of that center, but it also stopped the decline of the center, which was a major factor when we met with the Acredale Civic League, which is a large Civic League. David knows very well. This is just to the north of this site, and with well over 600 homes, and they were there to express exact same concern what happens if we don't do something like this? So, we're happy to have Mr. Noles letter in support, and met with our Civic League executive committee. Rocky Holcomb attended that meeting. David unfortunately had a conflict that evening, couldn't attend, but I did want to let you know that. The other benefits in addition to the tenant preservation and holding on to the shopping center, this actually reduces traffic from what that would be if it were developed in a commercial manner. David said during the internal meeting earlier today, he was there when the shopping center was fully operational and knows the impacts of it. This will actually reduce the traffic on that situation. In addition to that we've introduced a large amount of landscaping and open space on the site. Currently, there's this is 100% impervious cover, 100%. Today, we are introducing a reduction of almost two acres of that area, putting it into green space,walkways, park areas, and perimeter landscaping, none of which really exists on the site today. As you can see from the exhibit that is all around me, as a matter of fact, I just noticed that the only way I can see it is by the way is the fact we've introduced a really cool features through the center, which I want to thank Hoa for it was his idea to come up with a walkway through the center to connect the two areas of the of the multifamily. So that's been a really nice addition to this, in addition to all the things I've already mentioned. So there you have an application, staff recommend approval, got to preserve the shopping center, reduce traffic and reduce the amount of impervious area by over two acres, which is a considerable benefit to all the areas around it in terms of how much water comes off the site. In addition to that, we heard from Lake James Civic Association, we had a meeting with them just about just about two weeks ago, and a large group from them attended a meeting in my office and went through these issues and so forth. So their concern and I'm sure they're going to express it is the lake in their backyard, which is regional storm water pond, actually its purpose, but we understand it's a significant benefit to them. So, we told them about the reduction in the amount of acreage that we'd be taking and converting from impervious to pervious, and we told them, we'd also be participating in the state's programs for water quality. Since that time, they asked us to look at a program that the city was doing, which at that time, I didn't know anything about which there's a program, actually an approved program called the Kemps River Water Quality Improvement Project. I didn't know about it. Mr. Weiner knew, and I'm not about either. I've come to find out it's fully funded by the city, its intent is to take large portions of this area and make a heavy treatment process for it, independent private property owners. Again, it's fully funded by the city to this date. I told the Civic League this morning that upon learning about it, we advise the city we would participate in that process, because we think it would be do a little better, so we do plan on participating in that, which will affect directly the quality of the water going into the lake. So finally, I will add that we're aware of a petition, and that's been passed around, who have no contact with any of the people involved in the petition, but it complaints about this on the basis of impact on schools, and the report already indicates that the schools are well, this is well inside the capacity of all three schools serving this area. They were concerned about flooding, they obviously didn't know, we were reducing the amount of water on the site considerably, and they were concerned about, let's see, and traffic, they didn't know about the traffic study. So that's part of the problem with the petition like this is they get going without any the knowledge of the facts. You have no way of reaching it back to them in a meaningful way, but I did want to know that the concerns raised in that petition have all been addressed not just by the applicant but confirmed by your staff. So, I'm happy to answer any questions you might have, and I appreciate your time this afternoon, Mr. Wall as always. Mr. Wall: Thank you. Are there any questions for the applicant? No, Madam Clerk, are there any speakers? Madam Clerk: Yes sir, Mr. Chairman, we have seven registered speakers, five are in person, and two are WebEx. Calling Peggy Sansone to be followed by Don Davis. Ms. Sansone: Good afternoon. My name is Peggy Sansone, and I'm the Lake James Environmental Committee Chair, and HOA board member. I'm here today representing the views of the Lake James Homeowners Association. I would also like at this moment to recognize how many people from Lake James have attended here today if you could please stand. To give you an idea of the concerns that our community have, a lot of them have taken time off from work many, many more wanted to attend, but given the day and the hour, it was difficult for them to do this. Thank you. I also want to thank the Commission for giving me the opportunity to speak to you about this proposed Kemps River Apartment Project, and its impact on Lake James. The Lake James community is 37 years old, and our community has spent the past 30 years caring for and being passionate and fierce stewards of our lake. Lake James is a unique community. It is 100-acre freshwater lake, originally created from underground aquifers in a sand borrow pit. Even though Lake James does have a BMP designation, Lake James is a privately owned lake by the residents and the HOA. Residents move to Lake James because of its amenities. Our residents enjoy swimming, boating, and all water recreational activities. Good fishing there too. We pay higher property taxes for waterfront property. We all pay our city storm water management fees. I invite you to go to the Lake James website for more information on our particular community. It's www.lakejamesvb.com. Our community spends $1000s every single year on professional water quality testing and treatment. We are very, very good stewards of our lake. We educate our community. We encourage people to use zero or less lawn products, maintain riparian buffers, scoop the poop, shoo away domestic waterfowl, and do anything we can to try to maintain the health of our lake. Several years ago, we purchased installed a floating island which uptakes nutrients in the water, and this summer we installed a floating boom to help collect trash. We've worked with the City of Virginia Beach to correct problems over the years. I can also direct you to the Virginia Beach Public Works website under storm water management to view Lake James water discussion. We also have enlisted the help of Old Dominion Environmental Sciences Department, the Virginia Department of Health, and the Virginia DEQ, Army Corps of Engineers, Elizabeth River Project, Lynnhaven Now, the Virginia Aquarium Testing Program, and many more experts. Lake James Environmental Committee has also trained and attended webinars on lake quality management. This is the culmination since 1999 op until 2022. This is the culmination of just the work of the Lake James Environmental Committee. I'm the archivist that gets stuck rolling the books around. There is still more left at home. I just couldn't bring any more. We recently did meet as Mr. Nutter indicated with the developer's representatives to discuss our concerns about storm water. We were pleased to hear from him this morning that indeed that they are going to be working with the city for this planned storm water improvement that's going to be located at Kemps but we really do need more than just that one tapping into that system. The shopping center is a large contributor of storm water runoff in the lake. Large volumes of untreated water have contributed to the pollution, and the nutrient overloads in our lake over the years. New businesses that have come to the Indian River and Kempsville Road corridor have implemented a variety of storm water management practices, specifically, Chick-fil-A, Care-A-Lot Pet Center, Walgreens and Aldi on Kempsville Road. If you go and visit any of those sites, you will find that they have implemented one or more various kinds of storm water strategies to include inline collection of their storm water on their site, dry swales and filter systems, they're all very good examples of how all types of businesses can do more. In order for the Lake James HOA and community to support this proposed rezoning and development plan much more needs to be done by the developer to implement a variety of systems to specifically hold as well as filter the storm water before it enters into Lake James, and downstream the Elizabeth River, and eventually getting to the Chesapeake Bay. The use of nutrient credits is not acceptable to the Lake James community. In the scientific literature on storm water management, you will see cited one of the primary goals of storm water management is to treat the source and four bays are identified as an excellent type of way to do that. Storm water management is necessary to not only mitigate nutrient overload, pollution and harmful algae blooms, but also to manage and prevent flooding. Uncontrolled large volumes of storm water that have entered into Lake James over the years have caused damage to our docks and our bulkheads. Docks are submerged. They stay submerged, the wood rots out, high water levels get back behind bulkheads, the soil softens, the pressure causes the bulkheads to fall over. This is something that we have wrestled with for years. The holding and filtering of storm water at Kemps River redevelopment will be a very important step in preventing flooding and preventing property damage. Recommended storm water management by our Lake James HOA include the use of dry swales, rain gardens, mini wetlands with four bays, inline containment of storm water, filter systems. We would like to see a variety of these different types of systems installed at the Kemps River Project. Examples of these types of storm water management systems can be viewed as I previously mentioned Chick-fil-A, all these and what have you, but I've also compiled a list, and just a drive around of this city, and 23 items on this list. It's just a quick cursory look rolling around the city of where I saw many, many different types of storm water management implemented in all different types of businesses, and what have you. I'd like to draw your attention especially, I'll hand copies of this over to item #9, if anyone could visit, including the Lowes on Virginia Beach Boulevard and Parker Street, down south past where Lynnhaven enters into Virginia Beach Boulevard. That's an excellent example. In the corner of their parking lot, they've created a wet pond with plantings, it's fenced off if they're worried about someone falling in, but it's a very, very good example of how they have with treating curb cuts and inline piping, they draw off the storm water off their parking lot into this contained area. Alright, if this project is to be approved, we are concerned about the demolition and construction debris blowing in our neighborhood, flowing into our lake during storms. Necessary steps for containment would be necessary. In conclusion, we don't want to see a blighted area over there at Kemps River. We would like to see a nice development. Two, we still have concerns about that increased traffic on Indian River Road. We worry a lot about the ingress and egress in and out of our neighborhood which is still problematic at this time. We request that the Centerville Turnpike Improvement Project that was promised in 2013 be reactivated, and received an email this morning saying apparently they are starting that project back up because specifically just for me to finish my point, it will help considerably as congestion will stack up as you have a stack up lane of people coming down Indian River to turn left to go into their apartment complex. People get irritated, don't want to wait to go down to the next two light cycles to get to Kempsville, so historically, what we've already experienced, everybody cuts through Lake James. It's so bad as indicated by the City of Virginia Beach and their and their traffic calming programs; we were able to get speed bumps, speed tables installed in our neighborhood to try to cut down on the volume of traffic, and the terrible speeding. So, it's good to hear that about the Centerville Turnpike. Lastly on our conclusions, most importantly, we want to have strong and effective multiple storm water management to help us protect the lake. The final site plan should include a variety of filtering devices as I previously cited specifically to not just filter, but to hold the storm water before it is flushed into the lake. The City of Virginia Beach should take this and every opportunity to implement storm water management at all development sites. Every storm water practice, whether large or small, every little bit helps. Please help us keep our lake healthy. We have labored 20 plus years to try to keep our lake clean and safe. There's only so much we can do just as private citizens, we need your help. Lake James is not a community with a little old sediment pond. Our Lake is a vibrant 52-foot deep water body with numerous fish, turtles, and other marine species. We have great blue herons, ospreys, bald eagles, the migratory ducks have arrived. To include we have coots, hooded mergansers, buffleheads, painted ducks, and once in a while we get pelicans. River otters are also visitors to our lake. We need your help to protect this important resource and ecosystem. Lastly, we request the Planning Commission please defer their decision on this rezoning request until the Lake James Community, the City of Virginia Beach, and the developer can come to an acceptable agreement on effective storm Management. Thank you so very much. Mr. Wall: Alright, thank you. Mr. Weiner: I have got a question. So you're fine with what the other businesses on Indian River Road, Chick-fil-A, Petco, all of those are done, and those were built before the water regulations that are in place now today. So what they're gonna have to get this development goes through the strict water regulations that they're gonna have to follow is a large percentage of that water has to stay on site. It can't go anywhere. So this is just and what I got to say, I would be more concerned about what's going on now than what would be because what would be would be a filtration system and it has to stay on site. You'll get less water into your lake in the future, if this is developed, and I'm going to say what a City Council person said, he's no longer with us, and I stole his line. The best way to fix storm water or not fix storm water, but to work on storm water is to redevelop. Okay, so that to me, I would be more concerned about what's going on now than what could be in the future. Ms. Sansone: We are concerned because that Kemps River Shopping Center was built 30 years ago, as you said, before, we had all these environmental regulations, and even an understanding of nutrient overloads flowing into water bodies. Now is the time if that shopping center is to be torn up, this is the time given what we know, and have today by technology, some are very low tech, you create dry swales, that means you bulldoze out a shallow area, you plant grass on it, and you allow curb cuts or you allow means for storm water to run over to it, and boom, you've got holding and you've got filtering of storm water. Mr. Weiner: I agree with you 100%. That's what I'm just stating, I agree with you. Ms. Sansone: Thank you. Mr. Wall: Mr. Redmond. Mr. Redmond:So, would you not agree that it's an improvement of the site? Not just for the architecture, and the mixes uses and alright, but it is going to create two more acres of impervious where there is none, wouldn't not that be an improvement? Ms. Sansone: It's an improvement. It's not enough. The flat grassy areas which have that minimal absorption, grassy areas in the literature have minimal absorptions. It's good. It's better than pavement, but it has minimal absorption. Mr. Redmond: I'm not sure how you can suggest that. If we just keep going on with 100% impervious cover on that site, and all that implies until mythically agreement is reached. That's going to be a better outcome than to make improvements on the site today. Mr. Nutter says you've been talking since Jessica Abbott was on Council, I have no confidence whatsoever that that day of agreement ever comes? I mean, it just it hasn't yet. Is it ever going to be enough? So I mean, I recall the Lowes when it was developed, and that was not 100% impervious cover, they had to put a pond there for a reason, right? So it's not they did because it was fun, or they did it out of the goodness of their heart, seems to me, this is in many, many, many, many ways, an enormous improvement today, including in terms of its environmental by virtue of the pervious that's to be created, and the applicant's participation in the city program of which I was unaware as well. So we all learn things every day. It seems to me that it's just it's on its face as it is an improvement environmentally for what runs off anywhere, including to Lake James, I just, I'm missing this, tell me what it is, and apparently, you've got no formula other than a list of who filled this system, and that system, and all corner thing, none of which is certain. What is certain to me is it's an improvement. Ms. Sansone: Okay, your question being, would we prefer a decaying shopping center over? Mr. Redmond:Would you prefer that which exists today over an improvement, a significant improvement of that which is exists today? They're going to create pervious cover, and they're going to participate in the City's program. Again, I don't know much about it, but you seem to don't like that idea as well that seems to be very, very significant, and when you add in the other benefits where's the no brainer is kind of kind of my question is improvement is improvement. It gets better. I don't know that, uh, you know, that kind of a, you know, a mythical sort of better state that exists than one that's being offered today, because it's pretty good objectively. Ms. Sansone: In response, the Kemps River Project would be a good project, but it needs more in terms of storm water holding and filtration. That is the issue that we have, we do not like a decaying shopping center over there. It would be an improvement, but it's a large 20 acre parcel which 100% drains into our lake. Mr. Redmond:Well, I got that part, thanks. By the way, that two acres that's to hold Chick-fil-A properties, and that's a significant piece of improvement, so anyway, I thank you for your time. Ms. Sansone: Thank you. Mr. Frankenfield: Maybe as a comment, I wonder if Bobby, if you could help us understand. don't believe this did a preliminary storm water analysis, which was not required, but when they go through the storm water site plan process, won't these methods - swales, rain gardens, will be considered for the project. In other words, it's not going to do nothing. They're going to do some of these things. Mr. Tajan: That's correct, through the site plan review process it will still have to meet our storm water management standards. I think that's where Mr. Weiner was also alluding to, because the site is completely impervious, there is an option for a 10% reduction in impervious cover, which meets those standards to do the reduction as called out in the state regulations. Also, the staff will be checking to see if it meets that reduction too. So, it could be possible that the 10% reduction, which is about approximately two acres has been called out, will meet that along with some type of inline device that could easily be associated with this project. In other words, there'd be some type of water quality device that could be installed prior to it going downstream into Lake James as noted by the speaker. So,there are multiple ways to do it, and they could do it with, like I said, a structured device underground or some type of other above ground system, but that that will be vetted through the site plan review process in our department, and Development Services Center. Mr. Weiner: Okay, Mr. Tajan, I don't know if you'd know about this or not. Is there any way you can tell us something about this Kemps River Water quality improvement program is? Is there a short answer to that? Mr. Tajan: Other than I found those CIP lists here from November 2022. I don't know if someone from Public Works has any background to it, but there is apparently a timeline of doing some construction that's scheduled from November 23 to August 24. To do a pretty good level pollutant removal going into Lake James looks like there's a total phosphorus removal of almost five pounds and the suspended solids of 714 pounds per year. So not an insignificant project, looks like it's totaled at almost $600,000 to do these improvements. We could share that with the Commission. I just found this right now. Mr. Wall: Okay, thank you. Next speaker. Madam Clerk: Don Davis, followed by Don Hawker. Mr. Davis: Don Davis also from Lake James. Mr. Weiner to answer your question, the tie in from the Kemps River storm drains, all goes into 184 inch pipe that leaves the interior of Kemps River and goes into Lake James,which is where the Kemps River project is going to be built. That is going to be placed where all of the internal drains come in. It's going to filter out the trash and the rubbish and phosphorus, and to remove that prior to going into like, which is the reason that we were hoping that the builder would work with the city to tie the drains in as the construction evolves. Instead of, you know, this ending up being two separate projects. As said, there's 184 inch pipe that encompasses the entire area there. So that project has been put off I think three different times, it was supposed to have been completed three years ago, and now the new due date is I think 2025, or something like that. Nonetheless, I think so our biggest concern is that the other thing that was mentioned was pursuing of the credits for what am I looking for, yeah, pollution credits. They can either put in work with the city, put in swales, and things like that, but we can't stand for purchasing pollution credits through bypass. Treat our lake fairly, and all the residents, and that's not going to be tolerable. That's all have. Thank you. Mr. Wall: Okay, thank you. Are there any questions? Madam Clerk: Don Hawker, followed by Karen Nuszkiewicz. Mr. Hawker: Good afternoon. My name is Don Hawker. I live in Lake James on a lake at the north end very close to where this project is going to be constructed. Between my house and my neighbor's house is a City right of way for a drainage ditch that carries the storm water to the lake, and when we get these big rainstorms, stepped out of my back door, and I watch the water gushing into the lake, carrying with it paper, plastic, styrofoam, aluminum cans, glass. Some things are fairly embarrassing, they have been floating in my lake, and when the rain stops, and the birds are done swimming around all the garbage, and they go off, we go down to our lake with our nets and start scooping out all the garbage that the City flushed into our lake. It's not very pleasant when you have friends over in the backyard for a cookout or kayaking or swimming, and I have to get my net real quick to scoop garbage out of the lake so my friends can swim in it. So I understand that tearing up pavement, and putting down grass will reduce the amount of water, but adding 300 homes, 600 cars, 1000 people, and a bunch of shops that presumably have dumpsters behind them and they're emptied at four or five o'clock in the morning, you should come by some time when they're emptying the dumpsters, the ones near Chick-fil-A not at Chick-fil-A, and we get the five o'clock clang, wake up call. So all of this, I suspect is going to add to the amount of garbage in the streets, which means it's going to add to the amount of garbage that I'm fishing out of my lake. Now if I come by your house sometime this evening, with my happy meal, finished eating it and I tossed my trash in your backyard. I don't think you would like that very much, but the city does that to me after every rainstorm, the big ones, not the low ones. So, I would like some assurances, I don't know what you could possibly give me that all of this development and construction and the additional cars, people and restaurants, and shops will not increase the garbage I have to fish out of my lake. In addition, when the developer says that all these houses, cars, people, and shops will reduce traffic that does not build my confidence because that doesn't pass the smell test. There's a Chick-fil-A that we just added, and I like it, I eat there myself, and they're closed on Sunday, but to suggest that Chick-fil-A reduced the amount of traffic is insane. Trying to get into Lake James, if you're coming down heading west is difficult because of the five cars in front of you;four of them want to do a U-turn to go get their chicken. So, we do have traffic problems, and we do have storm water problems, and we have been asking for a very long time for the city to do something about all the garbage. Some guy drives by toss the cigarette butt out the window, a couple of days later, I'm fishing it out of the lake. So, I don't oppose this project at a genetic level. I mean it would be nice if they had nice shops, nice housing, a nice peaceful neighborhood, and that thing sitting there undeveloped is not good for us. It's not good for the city. Something sooner or later is going in there, but I want something that's not going to damage what I have worked so hard to own. Thank you. Mr. Wall: Thank you. Are there any questions? Mr. Weiner: How long have you been living in the house? Mr. Hawker: We bought it in 1992. I've been here 30 years, it's paid for. Mr. Weiner: Okay. I've been in an area for 30 years myself and I know what it's like when Farm Fresh was at full speed and K-mart was full speed and could you imagine the Chick-fil-A there then, when that was in full speed? It would have been crazy, but I mean, I understand what you're talking about trash, and I get it. I got to believe that a lot of that comes from inward road, not from Kemps River Shopping Center right now. So, this developer, he's very well known, if this does go through, it'll be a very well development. It's going to be taking care of people that are doing apartments, want to make sure it's taken care of because they can lease them, if they're rundown, so they're going to be taken care of very well. There's a lot of things we're gonna talk with the applicant about, but I think I think this is a very big improvement on what's what is there now? Mr. Hawker: Well, it would certainly be an improvement in terms of aesthetics, and the tax base of the city, and if there are nice shops, I can walk right across the street and take advantage of them, which is why not just hardcore opposed to this, but I'm not inclined to have someone say, "oh, we'll take care of that" and then do something which may or may not be detrimental to me. I'm trusting them; I'm basically at their mercy. If they build it and it doesn't work out. I know we've had some developers do construction projects that turned out to be flood problems, and the city had to go in and pay millions of dollars to fix their mistakes. So if this is another mistake, are you going to come up with all the money to fix my lake? Mr. Weiner: Now, that was a learning lesson and our water restrictions today are more strict than the State's water restrictions, and City of Virginia Beach is stricter than State. Mr. Hawker: Water quality? Mr. Weiner: No, keeping storm water on the site. Mr. Hawker: Including trash and what ever else? Mr. Weiner: Yes. Mr. Hawker: So next time it rains and my lake gets flooded, and it's flushing all this garbage in there, and I take videos of it. Can I send you the videos, will you look at them? Mr. Weiner: Sure. Mr. Hawker: Okay. Mr. Wall: Thank you, anybody else? Madam Clerk: Karen Nuszkiewicz, followed by Lavinia Hankins. Ms. Nuszkiewicz: Hello, my name is Karen Nuszkiewicz. I've lived in Homestead, which is right less than a mile from Kemps River since 1977, and the first thing I was going to talk about was the storm water that I think that's been talked about enough. I would like to also add that I don't think nutrient credits are the answer; it seems to me, you're taking the problem, and just putting it somewhere else. My main concern with this project is the cost to the taxpayers. I'm sure all of you as homeowners in Virginia Beach, when you stroke to that check in December, you realize that you never truly own your home. So my problem with this is the cost to the taxpayer scope, the impact is going to be 3 million. I'm really not opposed to the project. Looks like it would be pretty nice with some greenery and stuff, but I think before this is approved experts, which I'm obviously not, experts to look at this and see how to mitigate the impact on the taxpayers. I think I said everything, please let experts look at the impact of the taxes on us. Mr. Wall: Okay, are there any questions? Mr. Redmond: Sorry, I was just gonna say if you have not read this staff report, I urge you to do so. You can have my copy if you like because I have the staff for each one of the applications that comes before us and subsequently to then to City Council produces a report and they are experts, and they pull in a whole bunch of information, and that's a good place to start to. Too seldom does anybody read that? And so, you're more than welcome to have mine. Ms. Nuszkiewicz: When you say staff report, are you talking about what came from traffic? Mr. Redmond: Correct, Mr. Tajan's Department of Planning Community Development does a summary of each one of these applications and lays out the effects for schools and all that stuff. Ms. Nuszkiewicz: I read them. That's how I found out school impact would be about million. As far as population, the schools can absorb it, that is not a problem, because I think we are under populated. We are going to get priced out of our home, if these taxes continue going up. Mr. Redmond: Okay, thank you. Madam Clerk: Lavinia Hankins followed by Thomas Etter. Ms. Hankins: My name is Lavinia Hankins. I am a business owner in the Kemps River Shopping Center, and my concern is the integrity of the information that's been shared with us as business owners, and whether or not the full process has been integral. So this is the second time that I've heard of this project in the past year. So the first time I was tipped off by somebody who works at the Outback, and when presented it to the property manager, I asked her about it, and she gave me a solid, this is I don't know how you heard that or what you heard or, you know, but that's not true. Nothing's happening with the shopping center, and then God, the Universe, whoever you guys choose to believe in, came to me again, because my customers actually came in and told me that "Hey, have you seen that there's a meeting about the upcoming project of a shopping center?"Okay, no, no one's told me, I haven't heard anything from the manager, from the leasing agent, or anyone affiliated with this application. So that concerns me, because I have presented on multiple occasions to the manager about opportunities to bring in more traffic, which my business actually brings in a very niche group of people who are exposed to the shopping center through my restaurant, and also we pass a lot of traffic back and forth to the planet fitness that's also in the shopping center, along with all the other businesses. So we do a lot to support the local businesses and the other businesses that are in the shopping center. I have presented a Farmer's Market that would bring in a ton of traffic. Based on my model, I do have documentation that I presented this to the manager, and she presented it to the owners in which they declined. I offered to acquire this space next door, and to as an opportunity to expand the business and to create more foot traffic and opportunity for patrons to come into the shopping center, and I just did want to bring up that the attorney for this application representing this application said that two years ago, they applied for this project, and two years ago, I signed the lease, and so again, integrity, honesty. I didn't open my doors until September 2020, and I signed the lease in June or July of 2020. So at that time, it could have been disclosed to me that this was something that was being done to the shopping center. I just want to know how this is gonna affect the businesses. Now, I have seen this successfully happen at some point in Chesapeake and in other places. Mr. Wall: Are there any questions? Mr. Weiner: Yes, I have a question. What is your business address? Ms. Hankins: 1309 Fordham Drive, Suite 106. Mr. Weiner: Where it is located? Ms. Hankins: In the core of the shopping center, in the corner on the side of Rainbow, caddy corner to Outback Steakhouse directly across from Planet Fitness. Mr. Weiner: Mr. Tajan, is there a sign per street? Mr. Tajan: Yes, there was a requirement to post the signs on the three different streets. Mr. Weiner: And you didn't see those yellows signs of placards on that? Ms. Hawkins: Absolutely not. Mr. Redmond: I am sorry, I didn't hear you, what the name of your business? Ms. Hawkins: Culture Vegan Joint. Mr. Redmond:Okay, thank you. Ms. Hawkins: I do want to note that two years ago at my grand opening, Mayor Bobby Dyer, Councilwoman Sabrina Wooten, Councilman Michel Berlucchi, at that time, Jessica Abbott, and other prominent members were at my grand opening. Mr. Wall: Do you feel that this would negatively affect your business? Ms. Hawkins: Well, it's not that I disagree with the plans. It's that I would like notice as to how it's going to affect my business, the construction particularly, rising costs, is this going to raise my rent? Am I going to be grandfathered in? Do I have first right of refusal? What are my rights in this transaction? And is it really is it going to benefit my business? I am a black owned business as well in the city. So I feel like contribute a lot to the growing ideas for of business ownership in Virginia Beach. Mr. Redmond: I'm sorry. I just wanted to clarify because I'm kind of, are you in the same strip shop as Outback? Ms. Hawkins: Yes. Mr. Redmond: Okay, just wanted to verify that because that whole strip shop is staying, it is not been taken away. All your businesses are going to stay there. Ms. Hawkins: Again, I just want a disclosure, you know, as to exactly what's going on and how it's gonna affect us, some type of notice these are the things being presented, if you would like to know more, here's where you can go to find out. Mr. Wall: Okay, thank you. Anybody else? Madam Clerk: Thomas Etter, followed by Makayla Drew. Mr. Etter: Afternoon, my name is Tom Etter. I'm President of the Lake James Homeowners Association. We're located right across in New River Drive from this development, and hence our keen interest in this development. We have 247 homes, and a lake that we're very proud of, and we spend a lot of time recreating it. The Board of Directors met specifically on the subject. We did a lot of research. We talked to Mr. Nutter, and got a presentation from him, and our conclusion is this is no doubt, as you mentioned, a big improvement in that shopping center, and we therefore support the rezoning, but we have some conditions on which we support that rezoning, and this goes back to the storm water runoff issue, the environmental issue. We don't want to see the use of nutrient credits. Mr. Redmond you talked about? Well, this is a great, huge improvement. Why wouldn't you want anything more? Well, why stop at that. Mr. Frankenfield over there, and I are members of the Process Improvement Steering Committee for City Council, and I spend a lot of time advising them on process improvement initiatives, and how to do process improvement. One of the things that I always emphasize is, if you're not getting better, you're getting worse. You got to continuously improve, improve, improve or you're going backwards. So why wouldn't we stop at this improvement and then allow nutrients or nutrient credits the use of them to allow debris and contaminants to flow into the lake. So our approval is based on or contingent on not allowing nutrient credits and making sure that the storm water system redesign as part of the redevelopment as methods and means to prevent contamination and debris from flowing into Lake James. We are also concerned about traffic, and we recognize that the traffic will probably be less than what it was originally when the shopping center was put into operation, but it's going to be more than it is now, and so we would encourage the City to follow through with their January 2025 plan to expand. Mr. Wall: Are there any questions? Mr. Frankenfield: So just if we could just get to the bottom line of what your group is recommending, say you support the project, if you meet these conditions which are? Mr. Etter: We would like to see is in writing the requirement to not use nutrient credits to actually put into place, physical means of limiting and minimizing storm water from carrying debris, and contamination into Lake James. Mr. Frankenfield: Is there anything else? Mr. Etter: We'd like to see the City continue to go forward with their plan to expand Centerville Turnpike to four lanes which we think would help out with the traffic situation. Those are our two contingencies, the environmental one being more important. Madam Clerk: Our final two speakers are both WebEx, Makayla Drew followed by Drew Little. Ms. Drew: Good afternoon, my name is Makayla Drew. Thank you for hearing public comments on this today. I do appreciate the online accommodation which allows us to participate in the middle of the workday. I have been a Virginia Beach resident for over 13 years, and I live within one mile of the proposal area. While agree that a revitalization of sorts is needed in the shopping center, I do not believe that the current proposal has been fully explored and is not the best decision for the area at this time. I am in opposition of the proposal for the following three reasons. Reason #1, insufficient parking spaces. On page two of the proposal, the site plan shows that over 1000 parking spaces will be provided. However, page eight of the proposal only shows the minimum 922 parking spots, of these the parking spot surrounding the Panera and Dollar Tree will remain impacted by cars cutting through, and areas drive thru also impacts the parking spaces negatively as cars waiting in line make that area difficult to navigate. Furthermore the remaining Outback strip experiences heavy parking impacts almost every evening of the week. I'm uncertain that apartments will allow sufficient access to an already busy parking lot. Lastly, there are parking spaces counted behind the two commercial buildings that will remain. I feel it's unrealistic to count those spots. For example, people will not want to walk around a 35,000 square foot building to pick up dinner, two of the proposed apartments would be directly in front of the current commercial parking and create this additional impact. Reason #2, traffic impacts, according to the traffic memorandum while it is true that the proposed multifamily rezoning use may result in less traffic to use the existing traffic counts and the analysis can lead to an invalid conclusion as over 50% of the shopping centers are not currently being used in an active commercial capacity. Yet despite this traffic congestion continues in the surrounding roads, and you will find that the current traffic situation is already suffering without the shopping center impact that the memorandum seems to suggest. I implore you to take a drive to this area any time after 1 p.m. during the week to experience what I'm talking about. Additionally, the proposal indicates that traffic counts were not available for Fordham Drive, but this is the local street around a proposed area and many cars use it to make a U-turn to access the Post Office or cut around the previously mentioned traffic issues. Traffic counts for the secondary roads should be considered with a formal traffic study conducted based on the current percentage of commercial use, and reason#3, additional impacts,the proposal does not clarify who will pay for the Public Utility impact on page six. Based on my knowledge of the billing systems with both the City of Virginia Beach and HRSD, I would assume there may be some impacts to those of us most proximate, and I believe the nearby residents should know what those impacts could be because of the grip sewage charge we pay every month. In closing, I suggest further study and research into the proposal for the three areas of concern I mentioned here today before proceeding with the project, including insufficient parking, traffic impacts, and additional nearby resident impacts. Thank you for your time today. Mr. Wall: Okay, thank you. Are there any questions? Madam Clerk: Our final speaker is Drew Little. Mr. Little: My name is Drew Little. Thank you for the afternoon. A lot of what I've been concerned about has been covered. I do want to make a couple of quick notes. First of all, the petition that's been circulating is not about storm water, it is mostly about traffic, and the assertion by Mr. Nutter that people have not read the traffic survey is actually not correct. I've shared it many times myself and I've read it thoroughly myself. For most of the petitioners over 1300 now, the main concern is traffic. If you drive through this area, you know that it's a harrowing drive at peak periods. There's more than a 1000 foot backup northbound in Kempsville at peak periods, it's difficult to get in and out of Lake James. It causes backups onto the interstate, people who would normally take Indian River Road East; now take Indian River Road west across Reon and go down Providence causing further backups at Kempsville and Providence. All of the neighborhoods along the way are affected, Stratford Chase, Lake James, there they're all being used as cut through at high speed, and we can get no help from the police on this. It's very dangerous. The number one most dangerous intersection in Virginia Beach according to Virginia Beach Police is Indian River and Kempsville Road; it has 63% more crashes than the second most dangerous intersection. Two more of the most dangerous intersections are also in Kempsville, Baxter and Princess Anne and Indian River and Providence. Kempsville can't take more traffic and the traffic report is flawed. The study is flawed to say that 300 plus high density residences replacing vacant shops will reduce traffic by almost 30% is absurd on the face of it. The traffic study needs to be redone and the city needs to get engaged in mitigating traffic before any development is done that will increase traffic to the area, and that's really all I have to say. Thank you. Mr. Wall: Okay, thank you. Are there any questions for Mr. Little? Madam Clerk: No more speakers. Mr. Wall: Mr. Nutter? Mr. Nutter: Thank you. Well, a couple of things I'd like to say up. First, I'd like to thank the residents of Lake James, because I believe that people who take their Lake seriously should be given a lot of credit. I hope they know that we've tried to give them a lot of credit, and as Mr. Weiner pointed out, we have to go through site plan review to get all of those issues. My point being that the reason we want it to tie on to the city's project is because the city's project is larger. What you may not know is that Lake James is also the recipient of water from Kempsville Road, from Indian River Road, all the shopping centers around that entire area all go into that lake. Our water goes into any river road before it goes into that lake. So the question is what's the best path? And that's what we've honestly tried to find. In fact, what Lake James residents suggested to me in our meeting was that we look into the city's program and see if we can participate in some way with that. In fact, I didn't know about the program until they referenced it, and we asked our experts to look at it. So we think that's the best approach. It will treat our water. It will treat water beyond just our limits before it goes into that lake. So I want you to know that we're on record as wanting to improve the water quality, not just reduce it, which is significant. I'll just tell you, I don't want to wipe that into the sweep that under the rug, that's a big thing, two acres of less impervious area is a big thing, but the other is the quality side, and we understand that, and that's why we think the participation with us in the city's program, which is going to spend about $600,000, according to the speaker, to help improve the water quality in that lake, we think that's the best bang for our buck in putting in that, that's where we're going, and by the way, we don't have to participate that at all. We don't have to do that at all, we can just go through the cycling process. So my clients are serious about wanting to help the people in Lake James. They're not going to be bearing 100% of the cost for everybody else along that roadway, and they shouldn't be, but we are willing to participate that, we've made that clear to them, we make it part of the record today. A couple of things I'd like to say, and you can call Mr. Loman for this, and that's the traffic issue because I think even Mr. Loman was sitting there agreeing with the traffic study that we've done in terms of the production and traffic, which is significant. Finally, I'd like to really apologize to believe it was Ms. Hankins, I hope I got her name, right, who's the tenant? I have no explanation of why the property managers didn't know about this application. So it's hard for me to find. So that shouldn't have happened, I'm sorry, and anything that they or the other tenants want to know, please contact me. I'm happy to tell them or the owners, and I'm sure the owners who are watching this presentation are going to be contacting the property managers probably within next hour about presenting this to the tenants that have not already been presented to apparently, because they're all valuable, and Mr. Weiner is exactly right, if she's in the same strip as the Outback, all those areas are staying, as you've seen in this exhibit. So, again, this is the best move forward. We believe that the applicants have presented a great case to you, and one that the neighborhoods honestly acknowledge. They acknowledge that something has to be done. They acknowledge it's getting better. We're just trying to find the best path because we know we've reducing traffic. We know we're not impacting the schools, and we know we're trying to do better on the storm water. So I think we can get there between the staff storm water review and the city's program. That's a great place to make a significant difference. I'm happy to answer any questions, Mr. Wall you or others might have on commission. Mr. Redmond:That lady who is a tenant who you just referred to had stepped out of the room while you spoke. Mr. Nutter: I'll see if I can find her. Mr. Wall: Anyone else? Mr. Nutter, I have got a couple of questions. So this storm water program, the $600,000 program, are you familiar with like the city's program, is it specifically for Kemps River? Mr. Nutter: It's surprisingly that money is specifically for Kemps River and the area right around it. Mr. Wall: You know what is going to entail? Mr. Nutter: I don't know the specifics. I know that the city is treating that water because they wanted to make sure that the runoff from those areas goes down, and they want to make sure that the water quality requirements are met. That's all I really know. But other than we've said, we will participate with them and which we don't have to do. We just felt like it, if you're going to spend money on for storm water, one I'd do it with a larger program that'll affect them, like at the end product of the lake, not just off our property in the Indian River Road, that's our thinking. Mr. Frankenfield: Check your email, sent out a nice CIP sheet for this particular project, and it clearly identifies a significant new treatment facility on Fordham Drive. I mean, it's a drop inlet treat treatment facility. So, it's in that location, it should be easy to work together on through the site plan process. I'm guessing that you are saying you will support this project, and work to a reasonable level on finding out how you can treat storm water better. You just have not gotten to that point yet, and it will be an extensive detailed process. Mr. Nutter: It is correct, and all the experts they're talking about are fortunately here at the city. Mr. Wall: Anyone else? The speakers mentioned one thing and they had to ask about the nutrient credits, would you be willing to proffer that nutrient credits wouldn't be used as storm water strategy, and when the site development plan is submitted to the city? Mr. Nutter: I don't know that I can yet because I don't know enough about the city's program. To be honest with you, I can tell you this, we want to make a difference, and we can do nutrient credits and do nothing, we don't even bother with the city's program. What we're telling you today is we will participate with the city's program, and that's a treatment program that's going to be an area larger than just us, and that's why we think it's more significant than just us putting in a few filters on the owner property, and then the water goes directly in Indian River Road, and that just seems to defeat the purpose. Mr. Wall: Okay, well, the nutrient credit, that's part of the State program, and it does get reviewed by them. The study is the review authority, but I mean, I think it would go a long way to you support the residents if you know if that was proffered. guess that's like somebody could buy nutrient credits for property and another watershed. Mr. Nutter: It's a significant benefit, and part of the reason why DEQ likes nucleon credit programs, by the way,just so you know is because too often people just put in our onsite storm water system, and it's not well maintained, or they put in filter systems, and they're not well maintained. Whereas if you have a credit program, it goes into a DEQ program where DEQ monitors, and it really does affect the storm water. So it's just a more regional basis, we're in the same watershed. But there are reasons why credits are important. We're not saying we're not going to use credits; we're not going to say we are using credits, what we are going to say is we're gonna participate in the City's program was to design to treat the water from there directly coming off us and Fordham Road before it goes into it Kempsville Road, and that is what we are saying. We think it's better than that. We can ride on tails with $600,000 project, versus putting stuff on our own. I mean, it's just, that's a great, that's a great opportunity, and we didn't know about it until they told us about it, so. Mr. Wall: Anybody else? Mr. Horsley: Other than I have utmost respect for what the City is in this storm water program. I mean, we've wrestled with this for many, many years, our program in the City of Virginia Beach far exceeds the State program, and I just don't think you can get much better. I mean, developers are harping on us about how stringent a program it is, and they, you know, but that's the way we are in the city. We are very stringent on the storm water regulations. I will thank you Mr. Nutter, but I want to hear from Mr. Lowman because I want him to address his traffic issue that so many people seem to think and they got too big applause when a man said somebody in traffic, I want Mr. Lowman to explain this traffic situation. Mr. Wall: We'll get to traffic here in a second afterwards, but I think Ms. Wilson, do you have some concerns? Ms. Wilson: I just have a common one. So, I think I need to insert here. Proffers are offered voluntarily, and we can't really ask Mr. Nutter for a proffer. Don't use the word. If you mean willing to say that, but we cannot require proffers, proffers have to be voluntarily done, and our storm water system is going to require what our regulations require. You're not really going to require any more than that, but our regulations are the stiffest in Virginia, and so, we believe that we have got them stiff enough to reduce pollutants and reduce quantity. Mr. Wall: Okay, thank you Ms. Wilson. So before we open it up to discussion among the Planning Commissioners, Mr. Lowman if you would mind coming up for a second. Mr. Lowman: Alright. Good afternoon, Ric Lowman, Public Works City Traffic Engineer. I guess I'll just address the traffic memo since that's probably you know what's causing some of this. The traffic memo we asked the developer to put this together, we'd already done an analysis like this ourselves, and we'd prove to ourselves that the commercial square foot... Mr. Redmond: Could you just for the benefit of the folks here, could you tell them your role here, what your job is Ric? Mr. Lowman: I am the City Traffic Engineer. So, the memorandum, basically, what it says is, when it's fully built out with the commercial space that's already out there. You know, this is how much traffic you could generate, and here's how much traffic you can generate with the uses that are proposed, which is keeping some of the commercial, but demolishing some of the commercial and replacing it with multifamily residential. You guys are very familiar with me discussing that commercial is the highest land use, besides the Chick-fil-A. Commercial is the highest land use that there is out there because you've got people coming and going, and it affects your p.m. peak hours specifically, because you got a lot of people coming to go into those shops during the PNP. Residential, not so much, residential is lower, especially multifamily residential, because you do have smaller family sizes, you do have smaller household sizes, so this 322 apartments is not the same as 322 single family houses, it's much less like to the 70% less than if it was a single family house, but the analysis that we had him do was based on a full shopping center, and if you guys remember, it's only been five years, since that shopping center was active with the farm fresh, which went out of business, the company went out of business, not the store, and the Kmart, which, I guess went out in 2017-2018, and the company went out of business, not the store. So it's still I mean, it's still a shopping center that could be redeveloped, and it could be cut up into smaller pieces, the big boxes in redevelop is a full shopping center again. So that's why we did what we did. I will tell you that when it is redeveloped with the 322 houses, it probably will have more traffic than there is now, but I could point back to the point that we've redesigned that intersection, and whether these people like it or not that intersection is much more efficient, and better than it was when we started with that intersection. Kempsville and Indian River was the worst intersection in the city, it was the most congested intersection in the city, and again, whether you like it or not, that intersection flows very, very well. If you have questions about that, I mean, I could certainly get into, I could talk for 20 minutes about that about why it's better, but I will say it again, by itself the 322 apartments and forget about the retail that is being demolished. By itself, the 322 apartments wouldn't require the developer to even do a traffic study, because it only generates like 140 trips in the peak hour just because of the nature of multifamily housing. So we wouldn't even require a traffic study, even if they weren't replacing that much retail, even if it's vacant. So I can answer one question that Mr. Etter, he asked, if Centerville, Phase II and Centerville Phase III, I mean, the City's always been moving forward on those projects. They did get slowed down because there's been drainage and some other issues, but Centerville Phase II is fully funded, and it is scheduled to begin construction in 2025 per the current CIP. I can't say that it's going to definitely start, but the City is moving that project forward. It is 100% fully funded, and I think private utility relocations are going to be starting very soon. Mr. Wall: Where is that section? Mr. Lowman: That is from Indian River Road, all the way to Kempsville Road. Mr. Wall: That is Phase II? Mr. Lowman: That is Phase II, Phase III is going to be taking it from Kempsville to just past Lynnhaven, but the big addition for Indian River Road with Centerville Phase II is, (a) it's going to take some people off of Kempsville to Indian River to get to the interstate because we're going to make that road --we're gonna make Centerville whole, and so people won't have to bypass Centerville like they do now, and #2, we're adding triple lefts from Centerville on to Indian River which is going to free some time up to give more to Indian River which will free that whole quarter up as well. So it does help Indian River, but the City is totally moving forward towards that. Any other questions? Mr. Wall: Alright, thanks. Alright,well, then I'm going to close the public discussion and open it up to the Planning Commissioners to discuss among yourselves, Mr. Weiner. Mr. Weiner: Mr. Chairman, before we start off, I want to recognize somebody that's in our audience here today. Mr. Dan Edwards, Mr. Edwards has been on the school board for well over 20 years, and was a past chair of the school board, and I just want to thank you for your well service that you did. Thank you very much, sir. So I've heard a lot today, and want to go a little deep here. I'm from this area. My wife and I bought a house in 1990 by Stumpy Lake, and then in 2001, we bought a house in Carolanne Farm. So this is my backyard. I've been here for 37 years also. I made a point in the last couple of weeks, because I knew this was going to come out, this was coming. So I knew in the last few weeks on at 5 o'clock, I made a point to go through this intersection. I may be the only who is going to say this, but I love this intersection. I think it's great, and I know y'all live closer to it than do, but I made a point to go into it, and did say informal, when Kmart was wide open and Farm Fresh was wide open and all the shops were there, it was hectic going through there, and even times it is hectic going through there anytime, but lately, it's nice, and I don't think traffic is a big issue. My opinion for this development, the storm water, I do have to say our storm water regulations are top notch, and a lot of this is going to be taken care of on site plan review, and I think you're gonna find out that what they do with this goes through by Council, we shouldn't be a problem with this whatsoever. This is not going to affect the schools, there's plenty of parking. I just don't see, nothing's really sticking out to me to say no to this, I just don't see it. So I'm gonna support it. Mr. Wall: Okay, thank you. Anybody else? Mr. Frankenfield. Mr. Frankenfield: So, what I'm reading is that it's amazing. If you look at this plan for the Kemps River Crossing, water quality improvement, it looks like it was made just for this project. I mean, it's on Fordham Drive, it's a drop in, I don't know how hard it would be to put another one in, but it's certainly really an ability for the developers to work with the City on this. I think the very positive plus, the when we go when they go through site plan, these issues are going to come up and they are going to address them. They're going to deal with a little bit of water quality, a little bit of quantity, and as somebody said, maybe it was David Weiner, redevelopment is a good thing. Redevelopment is a good thing for storm water. I know it's tough, it's a change, but this will definitely address a lot of the storm water issues and be very positive. I also think the traffic is not an issue, and I think the thriving development that is going to be in there with the residential, and the retail is going to be phenomenal. Very positive, great place to live, good combination of shopping and housing, so I also support this project. Mr. Wall: Okay, thank you. Anybody else? Mr. Coston: I've got one question. In light of how much water we now allowed to be removed from the property. I know we've been having a developer saying that we're very hard on storm water, how much water do we allow people to move off their property without being treated or retained on the property? Mr. Tajan: I'm going to try to answer this in a way that the public can understand. They cannot increase the flow and quantity of the water coming off the property than it does right now. So before predevelopment they cannot increase how much water comes off nor can they increase how fast it comes off the property, if that makes sense. With that they are all completely impervious at this point in time, so the state regulations as well as our storm water regulations have a specific cut out for those that do provide a 10% reduction in impervious surface because there is a definite quantifiable benefit of providing additional green space on the site. As we know, although it's chopped up, it is in two acre increment of the site, which is already 20 acres. So they may meet it in that fashion, but that will go through a full review process on our department. Mr. Wall: Alright, well, I've got a couple of things, and I know, I've been on Indian River in years past, and maybe it's been a while, and maybe there have been improvements, but I know it's been disheartening, you know, it is peak traffic hours trying to get through there. So, I'm certainly not immune to traffic problems that have in the area of Kempsville and Indian River Road, but I think it's been fairly well addressed, and I think that residential will, in general reduce the traffic compared to a built out shopping center. I think there are improvements in those regards. In terms of storm water, I'm not insensitive to storm water, I used to have a swimmer out in a triangle on Lake James, so familiar with the water quality, when it's when it can be bad, it's such a nice amenity for the homeowners in the area. So certainly, it can be seen why, the homeowners are fighting to maintain and improve that water quality in Lake James, but I think that the City's initiative and think that the developers initiative, so I think just the general reduction in impervious will, no matter what, make improvements over existing conditions. There's two major new items I think generally being addressed. I think I feel I'm gonna support the application as well. Mr. Redmond. Mr. Redmond: I move approval for agenda item #2. Mr. Wall: We have a motion for approval by Mr. Redmond and a second by Mr. Weiner. Madam Clerk: Vote is open. By a vote of 9 in favor, 1 against agenda item #2 has been recommended for approval. AYE 9 NAY 1 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons NAY Coston AYE Cuellar AYE Frankenfield AYE Horsley AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The redevelopment of this portion of Kemps River Shopping Center will be responsive to the changing needs of the retail and small office markets. Two areas of the shopping center may be redeveloped for multi-family purposes and if developed for multi-family purposes, the location, design, materials, amenities, and unit count shall be substantially as set forth in these proffers. Any substantial change to the exhibits relating to the multi-family use of the Property set forth in this application shall require an amendment to the proffers. Continued use of the Property for retail and other permitted uses in the B-4 district shall not require an amendment to this plan, albeit subject to site plan approval as required by law. Proffer 2: When developed for multi-family purposes, the Property shall be developed in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Site Plan for New Mixed Use Development The Promenade at Kemps River Crossing", Scheme 24 dated October 20, 2022, (the "Conceptual Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The Conceptual Site Plan provides for an Area to be Dedicated to the City for Future Pump Station Expansion, provided any relocation of utilities for the benefit of Grantor to an area outside the dedicated area are presented to the Grantor in advance, are fully accommodated, do not interfere with the development, and are relocated by Grantee at Grantee's sole expense. Proffer 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Elevation — revised3 The Promenade at Kemps River Crossing" dated October 20, 2022 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The accent color chosen based on final branding shall be subject to the review and approval of the Director of Planning & Community Development; approval shall not be unreasonably withheld. Proffer 5: The quality of architectural design and materials of the Clubhouse for the multi-family residential buildings, when developed on the Property, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Conceptual Clubhouse Elevations The Promenade at Kemps River Crossing", dated September 16, 2022 (the "Clubhouse") "), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 6: The number of multi-family residential units located on the Property, when developed, shall not exceed a total of three hundred twenty-two (322). Proffer 7: Landscaping installed on the property, when developed shall meet applicable City Code requirements as segments of the property are redeveloped and they shall be located in substantial conformity with the conceptual site plan referenced above which has been reviewed by the City Council and is on file with the Virginia Beach Planning Department. Proffer 8: The free-standing signs for the apartments shall be located where shown on the site plan. They shall be monument-style and shall not exceed a height of eight(8)feet. The proposed signs shall conform with the Zoning Ordinance. The materials, design and color pallets of the free-standing signs shall match those of the architecture, and color pallet of the apartments. Proffer 9: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. From:William Knowles<billandbobbiel@verizon.net> Sent: Friday, December 9, 2022 9:43 AM To: Nutter, R.J. <rj.nutter@troutman.com> Subject: Re: Update on Kemps River EXTERNAL SENDER Good Morning Mr. Nutter: A group of members with Acredale Civic League upon your request and Councilman Holcomb for presentation on changes to Kemps River Crossing. Everyone in attendance was pleased with your presentation and the changes were better than we expected. We have been concerned for months about the vacant spaces in the shopping center and what it could attract. As we saw the presentation it was very similar to the changes to Kemps Landing School. Thank you for reaching out to us. Respectfully, Bill Knowles From:James R. "Rick" Boyles<rick.boyles@computernetworksinc.com> Sent:Tuesday, May 23, 2023 4:30 PM To: City Council<CITYCOUNCIL@vbgov.com> Cc: Patrick Duhaney<pduhaney@vbgov.com> Subject: Kemps River Shopping Center 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, Mayor, Councilmembers and City Manager Speaking as a private citizen, and not as a representative of the Virginia Beach Council of Civic Organizations (VBCCO) or the Thalia Civic League, I have reviewed the Kemps River Shopping Center request for rezoning and,while I am suspect of some of the ITE traffic numbers propounded by the Virginia Beach Traffic Engineering Department, I believe that this is an excellent candidate for rezoning to B-4 multi-use of this property. The project does not have any adjacent established suburban neighborhoods, is surrounded by a public highway,similar to Lynnhaven Mall on which other B-2 businesses are located, provides additional market rate housing, provides more than the required parking spaces (901 versus 990+/-), does not appear to adversely impact traffic, addresses stormwater onsite through underground storage, while creating an additional 2 acres of permeable area, and appears to be of quality construction. I would ask the question of the Virginia Beach City School Demographer as to the cost to intake the additional children into the Virginia Beach City Public Schools Elementary, Middle and High Schools and would like to hear that number. Otherwise,this appears to be a good model for the City going forward when considering B-4 multi- family,especially because it does not adversely affect established suburban neighborhoods. Thank you for your continuing service to the City. James R. "Rick" Boyles President/Founder Computer Networks, Inc. 4992 Euclid Rd. Suite 1 Virginia Beach,VA 23462 Office: 1-757-333-3299 Fax: 1-866-496-9303 Kemps River Shopping Center Out-Reach November 3,2022. Acredale Civic League presentation with Rocky Holcomb. December 5, 2022. Lake James Civic League presentation. December 14, 2022. Virginia Beach Planning Commission Public Meeting. December 19,2022. Concerned Citizens meeting at Outback Steak House with VB staff and Rocky Holcomb. January 5th and 6t. Calls with members of Lake James Civic League agreeing to their request for on-site treatment versus purchasing off-site credits. January 11,2023. Sabrina Wooten's District 7 Community Meeting with VB staff. March 3, 2023. Bobby Gribble and Executive Group of Kempsville Historic Committee with Rocky Holcomb. March 13, 2023. Kempsville Historic Committee with VB staff and Rocky Holcomb and Michael Berlucchi. May 22, 2023. Kempsville HS public meeting with VB Staff and Rocky Holcomb \B Kee pS r C ssing November2022 Water Quality Improvement (5(y of i i ginia Beach Public Works Cl P 100161.007 ii Quick Facts Project cost Purpose of project Design: $125,000 The City's goal is to improve water quality in its local Private Utility Relocation: $50,000 waterways to support recreational and fishingConstruction: $420,000 IIy pp uses. Total $595,000 This project will improve water quality in Lake James. This lake flows into the Eastern Branch of the Project schedule Elizabeth River, which is in the Chesapeake Bay Design: 03/2019 - 11/2022 Watershed. The pollutant removal benefits will be Private Utility Relocation: 03/2022 - 12/2022 credited towards the City's requirements for the Construction: 11/2023 -08/2024 Chesapeake Bay Total Maximum Daily Load. Project pollutant removal benefits Total phosphorus removal 4.95 lbs/year How the project improves water quality Suspended solids removal 714 lbs/year Stormwater draining from roadways contains pollutants that flow into Lake James and the Elizabeth River without any treatment. A stormwater A _ _ ' N facility will be installed underground adjacent to ' KEIAPSR RDR Fordham Drive in the Kemps River Crossing Shopping • ' `' Plaza. By installing an underground treatment ��,‘� r _R''or,ic ,, system, both trash and some sediment containing f i / \ - phosphorus can be removed before flowing to local •. -` - waterways. The treatment system will remove , , it •. �* pollutants through a circular vortex and sediment . II . - „/ Ip\ .,t .,, collection structure, as depicted in the figure below. ' r;• . ---,loyal*, ,. • i' -, - *4'' erN4W. VC al teat 11 • . ' N e ------ Current status of project and next steps P ,,. ► The design phase is complete.The construction �er '• -- - - phase is to begin November 2023, following the t4-.- . relocation of private utilities. The project is ' `4. = - ti. expected to be complete by August 2024. 1 `" ... t • `" *x` . - le-44 - L' .*• A ' if rift x. Contact Information � e Bashar Qagish �� , Public Works Engineering '14 f �timegt STORMWATER (757) 385 8045 MANAGEMENT • r. M bqaqish@vbgov.com www.vbgov.com/stormwater-program �� Vd yvwT ., r - \ Q vi p Dv- WI: p j�a`ci C "aQ gyp .\' _� �B2.� � 51D�7 (Rak 0 9417 5 ,- --- .c � , , . ia:,� AG2•♦ -- R5D �. 4..744.?5.67aQa � � / �11 i B2• B2 \, a ...... a.., . ,k�_�EF��c F:i o --��• a. 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AG2 o o\ � N /// Site City of Virginia Beach Development Authority & Property Polygons Parcels between 2009 Hudome Way to Tournament Drive & w :_.,�� ' t P Y Y9 ' s Zoning parcel on the southeast corner of Building Princess Anne Road & Tournament Drive Feet 0 160320 640 960 1,280 1,600 1,920 ,riio 1 ,t S, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicant] CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC [Property Owners] Modification of Proffers to a Conditional Rezoning (To Amend the Design and Development Guidelines) for the parcels between 2009 Hudome Way to Tournament Drive, and the parcel on the southeast corner of Princess Anne Road and Tournament Drive (GPINs 1494459345, Portion of 1494170763, 1494086398). COUNCIL DISTRICT 2 MEETING DATE: June 20, 2023 (Deferred on April 4, 2023, June 6, 2023) ■ Background: The application was deferred by the City Council on April 4, 2023, in order to provide the applicant time to engage with the community on the proposal and deferred again on June 6, 2023 to address comments received from members of the Christopher Farms, Landstown Meadows, and Princess Anne Meadows. In response, the Design and Development Guidelines document was amended to include additional language that any existing mature, healthy vegetation within the required setback along Princess Anne Road shall be preserved and protected and that such vegetation could be used to satisfy the landscaping requirement along Princess Anne Road at the discretion of the Planning Department. In December 2016, City Council approved the rezoning request of 146 acres from AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial District for the establishment of the Princess Anne Commons Biomedical Park. The Park was intended to support medical and research institutions. The Park has been mostly vacant, due in large part to the change in market demands for this industry. The applicant is seeking to amend the Proffer Agreement and the Design and Development Guidelines to expand the Park's focus to research, education, technology, manufacturing, finance, business, and other commercial uses while ensuring that future development will be of a high quality design and include site elements that will contribute to the ultimate goal of creating a park-like setting. The proposed revisions will apply to 113 of the total 146 acres, since the remaining parcels opted to remain under the 2016 Design and Development Guidelines. The new Design and Development Guidelines seek to: • change the name of the Park from "Princess Anne Commons Biomedical Park" to "Innovation Park", City of Virginia Beach Development Authority Page 2 of 4 • update photos/illustrations, • reduce redundancy and better align the document with current codes and requirements, • permit more flexibility with new and innovative materials and construction methods, • provide more guidance on light industrial and advanced manufacturing building types, and • protect the viewshed from Princess Anne Road by requiring parcels with frontage on Princess Anne Road to install additional landscaping along Princess Anne Road above and beyond what is required in the City's Landscaping Guide ■ Considerations: The Planning Commission concurs with Staff that the request to update the Design and Development Guidelines for the Park is acceptable. Overall, the new Design and Development Guidelines provide improved screening requirements and allow greater flexibility with building materials, while retaining guidelines to ensure the Park develops into an attractive "park-like" setting with continuity of open spaces from the surrounding Princess Anne Commons. The new Design and Development Guidelines will simplify the review process for developments within the Park, which aligns with current codes and regulations. If the design criteria update is not adopted, opportunities to grow and diversify the local economy could be missed by the current design requirements. The updated design and development guidelines would create a more marketable Park in this region. In January 2023, a letter was sent to the two non-VBDA property owners explaining the update and giving them the opportunity to be a party to this application. YCH, LLC requested to be a co-applicant, while the other owner was not interested and will follow the former 2016 Design and Development Guidelines. The application was presented to the TA/ITA Committee on March 2, 2023. Although the Committee raised concerns over the overall change in the vision for the park, no definitive action was taken. The applicant met with the Committee again on March 30, 2023 prior to the April 4, 2023 City Council Hearing to discuss the application further at which time, the Committee voted in opposition of the application by a recorded vote of 6-1. The applicant also attended the TA/ITA Committee meeting on May 4, 2023, to further engage the group and to address concerns raised in the March 31, 2023 letter from the TA/ITA Committee addressed to the City Council. The applicant provided information about the shift from a Biomedical Park to Innovation Park and answered questions. During that meeting, the Committee expressed the need to protect the viewshed from Princess Anne Road. On May 22, 2023, the applicant responded to the feedback received by the TA/ITA Committee and made minor adjustments to the Design and Development Guidelines to address the viewshed from Princess Anne Road. City of Virginia Beach Development Authority Page 3 of 4 Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. One letter of concern was received from the TA/ITA Committee with concerns related to stormwater, transparency of the application, unsightly aesthetic standards, and incompatible use. • Recommendation: On March 8, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 7 to 0. Proffers: Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within the Innovation Park and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 5: Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. Proffer 6: All loading/service, refuse, outdoor storage and staging areas must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building. Year-round screening may consist of walls and plant materials. Wall screening materials must be compatible with the primary structure. The extent of the screen wall and plantings shall be subject to VBDA approval. Proffer 7: Those uses permitted in I-1 are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. City of Virginia Beach Development Authority Page 4 of 4 Proffer 8: The Innovation Park Design and Development Guidelines, dated January 2023, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, improvements by VBDA, site design, parking, fencing, landscape and plantings, signage, building design, building materials and palette, and exterior lighting in the Innovation Park. • Attachments: Staff Report and Disclosure Statements Proposed Design and Development Guidelines - Innovation Park - January 2023 Detailed List of Changes Location Map Proffer Agreement Minutes of Planning Commission Hearing Design and Development Guidelines - Princess Anne Commons Biomedical Park — November 2016 Letter of Concerns from TA/ITA CAC Responses to TA/ITA CAC Letter Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: A)9 Applicant City of Virginia Beach Development Authority Agenda Item Property Owners City of Virginia Beach Development Authority & YCH, LLC City of Planning Commission Public Hearing March 8, 2023 Virginia Beach City Council District 2,formerly Princess Anne Request Modification of Proffers (To Amend the Design and Development Guidelines) Staff Recommendation ,,,G��u ' Approval oP ~ = V oa Staff Planners 7 AP Hoa N. Dao & Marchelle Coleman a `a ! ����/ 4 TIMNFLOWER LN L 0 O Q A Location * Parcels between 2009 Hudome Way to Tournament Drive, & parcel on the southeast corner of Princess Anne Road and Tournament Z Q.? fr Drive c -4 . /? GPINs * A� so 1494459345, Portion of 1494170763, L N 1494086398Ro Site Size +/- 113 acres _ AICUZ 65-70 dB DNL, 70-75 dB DNL Watershed Southern Rivers Existing • Land Use and ZoningDistrict �' ' `�• RLN Cultivated field,wooded areas, office (approved - 'ti , � ,a alr--' c� , site plan)/I-1 Light Industrial Surrounding Land Uses and Zoning Districtsle , North - �� _ , t, r Princess Anne Road r- - Single-family dwellings, wooded parcels/AG-2 - .-.ir . �` Agricultural, R-10 Residential 0-1 Officet!'• -" South ti _ Cultivated field, golf course/AG-1 Agricultural - East 1• i Tournament Drive 4 ,• -� , 4'' Single-family dwellings/AG-2 Agricultural ,�ti. '' ; ' West _ % It° Hudome Way `w.w j,�,`:� `` 1 ,`,.''_ < _ Manufacturer, medical office/I-1 Light Industrial, B-2 Community Business City of Virginia Beach Development Authority Agenda Item 2 Page 1 Background & Summary of Proposal • In December 2016, City Council approved a rezoning request of approximately 146 acres from AG-1 &AG-2 Agricultural Districts to Conditional I-1 Industrial District for the establishment of the Princess Anne Commons Biomedical Park(Park). It was envisioned that the rezoning of the property would assist the Virginia Beach Development Authority(VBDA) in marketing the site as the "VA Beach Bio Research Park" (Bio Park)to support medical and research institutions. As part of this Conditional Rezoning Agreement,the applicant established Design and Development Guidelines to ensure the Park would be attractive and developed cohesively. Ultimately,the planned Bio Park did not align with market demands, leaving the majority of the Park vacant. • In response to recent growth in other industry sectors, the applicant seeks to amend the Proffer Agreement and Design and Development Guidelines to expand the Park's focus to research, education,technology, manufacturing, finance, business, and other commercial uses. • The proposed revision to the Design and Development Guidelines would apply to approximately 113 of the total 146 acres as depicted in the Site Layout Plan on Page 9 of this report. The remaining portion of the Park would remain under the 2016 Guidelines. • The new Design & Development Guidelines seek to: o change the name of the Park from "Princess Anne Commons Biomedical Park"to "Innovation Park", o update photos/illustrations, o reduce redundancy and better align the document with current codes and requirements, o permit more flexibility with new and innovative materials and construction methods, and o provide more guidance on light industrial and advanced manufacturing building types. • Letters were mailed to property owners within the Park to allow them an opportunity to be party to this application. One property owner,YCH, LLC, accepted. • The Park is located within the 65-70 and 70-75 dB DNL noise zone of the AICUZ and within the Interfacility Traffic Area (ITA). • The applicant appeared before the Transition Area/ Interfacility Traffic Area Committee (TA/ITA) on March 2, 2023, to brief the Committee on the proposal. The Committee raised concerns over the changes to the Design Criteria and Development Guidelines and the overall change in the vision for the Park. No definitive decision was made, and no vote was taken. City of Virginia Beach Development Authority Agenda Item 2 Page 2 Zoning History i. D ^, # Request e ,, 1 CRZ(AG-1&2 to Conditional 0-1)Approved 10/18/2022 f - -S • ragial►` A-16 CUP(Housing for Seniors)Approved 10/18/2022 N111114u• %off.- t G ' 2 CUP(Tattoo Parlor)Approved 02/15/2022 ��.�� CUP(Outdoor Recreational Facility)Approved 02/28/2012 to, ii f A� ` �•:orm �� CUP(Indoor Recreational Facility)Approved 11/23/2010 Rib.• ri_z CRZ(AG-1&2 to Conditional B-2)Approved 08/22/2006 `•'yF ���`�s 1��- , 3 MDP Approved 11/20/2018 .? °. �'/ ti _�`��• � CRZ(AG-1 to Conditional R-10)Approved 11/20/2018 tiF 4 Ro CRZ(AG-1&2 to Conditional R-10)Approved 01/05/2016 / //�/ AG2 Ao2 7.` �Q����ii 4 CRZ(AG-1&2 to Conditional 11)Approved 12/13/2016 ������_ Ric 5 CRZ(AG-1 to Conditional B-2)Approved 02/03/2009 CUP(Recreational Facilities)Approved 02/03/2009 s;, AG' .• CUP(Outdoor Recreational Facility)Approved 03/14/2000 REZ(0-2, B-2, R-10, P-1, H-1 to Conditional AG-1)Approved o j 05/27/1997 6 CUP(Outdoor Recreational Facilities)Approved 05/27/1997 7 CUP(Communication Tower)Approved 12/03/1996 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request to update the Design and Development Guidelines for Innovation Park,formerly Bio Park, in Staff's opinion, is acceptable.The current Design and Development Guidelines are outdated and no longer align with the development pattern originally envisioned for the Park. Other property owners within the Park were informed of the request to update the design guidelines and chose not to be included with this request.Those properties will remain under the existing Design Guidelines adopted in 2016. Overall,the new Design and Development Guidelines provide improved screening requirements and allow greater flexibility with building materials, while retaining guidelines to ensure the Park develops into an attractive "park-like" setting with continuity of open spaces from the surrounding Princess Anne Commons. 2016 Design Guidelines Updated Design Guidelines Description of Change(s) Reference Page Number(s) Reference Page Number(s) Updated: Business Park name change from "Princess Cover Cover Anne Commons Biomedical Park"to the "Innovation Park" Updated: Imagery& Document Design New and updated all all photos to better illustrate the current developments in Princess Anne and the Innovation Park. More user- friendly,visually compelling, and organized document. Updated:Table of Contents Page Three sections: Four sections: • Introduction • Introduction • Site Planning • Site Design • Building Design • Building Design • Review by VBDA City of Virginia Beach Development Authority Agenda Item 2 Page 3 Updated: Princess Anne Commons Map and Innovation 1-2 and 1-3 4 and 5 Park Map SEC. 1 INTRODUCTION 1-1, 1-2 and 1-3 3, 6 New: 1.1 Innovation Park specific background and introduction for the Innovation Park New: 1.3 Improvements by VBDA The Innovation Park offers shovel-ready sites, roadway access,water, sewer and electric utilities within the right-of-way and stormwater treatment of up to 60% of the impervious site coverage. Removed: References to several sets of guidelines for different types of development and activities envisioned in Princess Anne Commons and references to the park as the "VA Beach Bio Research Park" or'BioPark'. New:1.6Applicable Codes names the Virginia Beach N/A 6 Development Authority(VBDA) as the Park owner and lists the current zoning and design and engineering standards that govern land development in the Park. SEC. 2 SITE DESIGN 2-1 through 2-6 8-10 Section renamed from "Site Planning" to "Site Design" & reorganized 2.4 Landscape and Plantings: Edited for clarity and 2-1&Appendix A(2-16 9 & 10 consistency with what is expected above and beyond the through 2-21) City of Virginia Beach's Landscape Ordinance within the Innovation Park. Much of Appendix A was incorporated into section's text. Access and Circulation 2-1, 2-2 and 2-3 8 Removed: Diagram on page 2-2 and topics organized into body of text Parking 2-4& 2-6 8 New: "Buildings with views from or with frontage along Princess Anne Road should generally be oriented to the front of the site closest to Princess Anne Road with parking areas located in the rear." Removed: "Landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while ensuring that lines-of-sight are maintained, both at the time of planting and when the plants have matured." New:2.3 Fencing N/A 9 Perimeter fencing is a crucial physical security element to certain facilities in order to funnel visitors to designated entry points. Fencing should be limited to side and rear yards and coupled with planting. When fencing fronts any primary public roadways it should be located behind a landscape screen, making the plantings the most visible feature from the street or adjacent parcels. Fencing in front yards should be decorative use only and should not visually City of Virginia Beach Development Authority Agenda Item 2 Page 4 obstruct the building. Metal fencing with neutral color is preferred. New: Outdoor Amenity Areas N/A 10 Outdoor amenity areas, such as entry courtyards, break areas, patios and pavilions,for employees and visitors to the businesses within the Park are highly encouraged. New:Signage N/A 10 All signage in the Innovation Park must comply with the Sign Regulations of the City of Virginia Beach zoning ordinance, as amended. In addition, 10 other conditions are listed for signs to conform to within the Innovation Park. SEC. 3 BUILDING DESIGN 2-7 through 2-15 11-14 New: Building Facade 2-8& 2-9 12 "The front face(s) of buildings should incorporate higher levels of architectural articulation... continuity of design is encouraged on the side and rear faces" Replaced:Joint Use Library modern design example with multiple contemporary and light industrial/advance manufacturing examples from around the country New: Exterior Materials and Palette 2-9& 2-10 12 "Exterior building materials should be of high quality, durable, aesthetically pleasing, and sustainable, including, but not limited to, brick, stone, concrete, masonry,glass and metal panels." New: Outdoor Storage, Staging&Services Areas 2-12 13 & 14 Loading/service, outdoor storage and staging areas are permitted in the Park but must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building. Year-round screening may consist of walls and plant materials. Wall screening materials must be compatible with the primary structure. Access to these areas should be minimized and arranged so that maneuvering is avoided on public streets. Removed: Parking Structures Section 2-12 through 2-15 N/A Density within the Innovation Park is not anticipated to ever require a parking structure. New: Review by VBDA Section N/A 15 Added to clarify and provide guidance on the approval process. Edited and Relocated:Appendix A, Sections A-C 2-16 through 2-19 9, 10 Appendix A was edited for clarity and consistency with what is expected above and beyond the City of Virginia Beach's Landscape Ordinance within the Innovation Park. Appendix A was incorporated into the main document's "Landscape and Plantings" Section. Edited and Relocated:Appendix A, Section D 2-19 14 Edited for current lighting technologies and incorporated into main document text of"Exterior Building Lighting" section. Replaced:Appendix A, Section E 2-20& 2-21 10 City of Virginia Beach Development Authority Agenda Item 2 Page 5 The "Site Furniture" section of Appendix A was replaced by the "Outdoor Amenity Areas"section on page 10.The various screening requirements and planting diagrams in Appendix A were replaced with Figures 2.5 &2.6 on page 10. As the proposed revisions to the Design and Development Guidelines will simplify the review process for developments within the Park and aligns with current codes and regulations, Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A,the remaining parcels of land located within the Innovation Park and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 5: Temporary facilities, other than construction related facilities,shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. Proffer 6: All loading/service, refuse, outdoor storage and staging areas must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building. Year-round screening may consist of walls and plant materials. Wall screening materials must be compatible with the primary structure.The extent of the screen wall and plantings shall be subject to VBDA approval. Proffer 7: Those uses permitted in I-1 are permitted on the Property.Those uses requiring a Conditional Use Permit from City Council shall continue to do so. City of Virginia Beach Development Authority Agenda Item 2 Page 6 Proffer 8: The Innovation Park Design and Development Guidelines, dated January 2023, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, improvements by VBDA, site design, parking,fencing, landscape and plantings, signage, building design, building materials and palette, and exterior lighting in the Innovation Park. 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. 2016 Proffers that Remain in Effect for the Remainder of the Park Proffer 1: The following, which are listed in Section 1001(a) of the Zoning Ordinance as principal and conditional uses in the I-1 Light Industrial District, shall be the only uses permitted on the Property. Any principal or conditional use listed in Section 1001(a), but not listed below, shall not be permitted on the Property: a. Building-mounted antennas, as specified in Section 1001(a); b. Business, medical,financial, nonprofit, professional and similar office buildings; c. Communication towers, as specified in Section 1001(a); d. Fiber-optics transmission facilities; e. Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk; f. Printing, lithographic or publishing establishments; g. Public buildings and grounds; h. Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; i. Public utilities installations and substations including offices, as specified in Section 1001(a); j. Public utility transformer stations and major transmission lines and towers(fifty thousand (50,000)volts or more); k. Radio or television transmission and relay stations; I. Small wireless facilities, as specified in Section 1001(a); m. Vocational,technical, industrial and trade schools; n. Wholesaling, warehousing,storage or distribution establishments; and o. Wind energy conversion systems, as specified in Section 1001(a). Proffer 2: Accessory structures and uses shall be permitted as set forth in Section 1001(b) of the Zoning Ordinance. Proffer 3: The architectural style, exterior building materials, and site design shall be substantially in accordance with the "Design and Development Guidelines—Princess Anne Commons Biomedical Park." Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the city as being within the Princess Anne Special Economic Growth Area and the Interfacility Traffic Area. Since the Property is impacted by the AICUZ high noise zones, all proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. City of Virginia Beach Development Authority Agenda Item 2 Page 7 Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 6, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023 and February 26, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 20, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 2, 2023. City Council • This item was deferred by City Council at the April 4, 2023 and June 6, 2023 public meetings. • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. City of Virginia Beach Development Authority Agenda Item 2 Page 8 Proposed Site Layout 0 0 H ,— w w 1 i x os. o II, 3 r F'. f g. _, _ ,. _ j6,Y ,` F � f 4 : f ........ 4 ....719 't.-- ' t , AN ' * '--,..: _ is t. e t B gi A:;-,1' }�� 1 H _.------1 ivp V = " -/ ' 3v NN I , ` / IA z CT 7# i, 4 (,) ia 0 -° _ -..1 1 --- ---....,_ Li * •t\ a I z o a. O r Z d2M3HS31NIM \� '-"` H cc w Cr O I.>s Zi w\O 'tip \�' tU- H �Q = LO ✓ O ;l �,.\4.0 �1�0 o• � NN � yy CD `� • C w j silt Q `! 9 S z z > a w LL t City of Virginia Beach Development Authority Agenda Item 2 Page 9 Site Photos ti, • • 0 ►a` e • �i ....wr`•6 `ice r'�- �- s a . - y.:. City of Virginia Beach Development Authority Agenda Item 2 Page 10 Updated Design & Development Guidelines — REVISED 06/07/2023 INNOVATION PARK _ , DESIGN AND DEVELOPMENT -- GUIDELINES _ --„,„„„wiaim. .1----' 1 ill I . 4,610e...„. ___ -1- ..- IA . -.; - „IsmisitiVI%- r 4 , ii. ?� j I, Novi.< .ed ,f . V i _ 0 virginia JANUARY 2023 beach City of Virginia Beach Development Authority Agenda Item 2 Page 11 Updated Design & Development Guidelines CONTENTS SEC. I INTRODUCTION ___._____.___ 3 1.1 INNOVATION PARK 1.2 PRINCESS ANNE COMMONS 1.3 IMPROVEMENTS BY THE VBDA 1.4 PURPOSE OF THESE GUIDELINES 1.5 THE'DESIGN VOCABULARY'OF PRINCESS ANNE COMMONS 1.6 APPLICABLE CODES SEC.2 SITE DESIGN --T--- 8 2.1 ACCESS AND CIRCULATION 2.2 PARKING 2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS 2.5 SIGNAGE 2.6 OUTDOOR AMENITY AREAS SEC.3 BUILDING DESIGN - — I I 3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE 3.2 FORM AND BUILDING MASSING 3.3 BUILDING FACADE 3.4 EXTERIOR MATERIALS AND PALETTE 3.5 BUILDING SCREENING 3.6 EXTERIOR BUILDING LIGHTING SEC.4 REVIEW BYTHEVBDA 15 4.1 DEVELOPMENT PROCEDURES 4.2 SUBMITTAL REQUIREMENTS 4.3 BASIS OF APPROVAL 4.4 REVIEW TIME City of Virginia Beach Development Authority Agenda Item 2 Page 12 Updated Design & Development Guidelines SEC. I INNOVATION PARK INTRODUCTION 1.1 INNOVATION PARK The Innovation Park was established in 2016 as a Comprehensive Plan Recommendations: magnet for high-quality, technological, innovative, advanced manufacturing businesses within A primary focus of Princess Anne Commons is to the Princess Anne Commons Special Economic provide locations for campus-like development that Growth Area (SEGA). The Park, controlled by the may not be suitable in a more urban setting. The Virginia Beach Development Authority (VBDA), is Comprehensive Plan provides the following general approximately 150 acres and is zoned as I-1 (Light recommendations for Princess Anne Commons as Industrial). they are applicable to the Innovation Park: This document provides design and development • guidance for the"Innovation Park,"formerly known Strive to achieve extensive open space as the VABeachBio Research Park,that is developing connectivity throughout the Commons within North Princess Anne Commons(see FIGURES • Protect the most sensitive land 1.1 and 1.2). • Low-impact campus style development for work,education,research,and recreation The Innovation Park was originally envisioned to house medical research and office buildings; • Create guidelines for building types to ensure however, recently the City has seen a growth in appropriate quality and character other industry sectors in this area and has expanded • Provide public amenity areas for walking, the Park's focus to research,education,technology, cycling,and recreation manufacturing, finance, business, and other • High-quality roadways with landscaped edges, commercial uses while still supporting the field of multi-modal pathways,and adequate lighting scientific innovations.Such growth befitted the area to be renamed Innovation Park. 1.3 IMPROVEMENTS BY VBDA 1.2 PRINCESS ANNE COMMONS The Innovation Park offers shovel-ready sites, The Princess Anne Commons SEGA is nearly 3,000 roadway access, water, sewer and electric utilities acres (see FIGURE 1.1). It is identified in the City's within the right-of-way and stormwater treatment of Comprehensive Plan, 2017 Interfacility Traffic Area up to 60%of the impervious site coverage. Plan(ITA)and other related development regulations to protect Naval Air Station(NAS)Oceana and Naval Auxiliary Landing Field (NALF) Fentress from future developments. The ITA overlay district consists of - areas within the Air Installations Compatible Use .+E` Zones (AICUZ) with aircraft noise levels greater solk404 than 65 dB DNL, a level that is not preferable for •per residential uses. Princess Anne Commons SEGA has been recognized . - for its economic development opportunities in j - medical, research, and recreation. The Innovation Park will further augment and diversify the City's economy by enhancing the industries in Princess Image of the existing access road:Hudome Way Anne Commons. City of Virginia Beach Development Authority Agenda Item 2 Page 13 Updated Design & Development Guidelines Special Economic Growth Area PRINCESS ANNE COMMONS .� . It T�i"': / l-.f ::t i. ..�.) _- ``ii' f r,•.. f. is �, ,,,, 6' I l+ ' +r •e--Tr —i - - R • ""trirl vZ ,-," +r F 4- !s 7. rt t f ` , r r. 7 f t , e + +E, ` , .4" t i + ' • S.. t \ Y + Q t4 - ;s. I LEGEND -- • INNOVATION PARK ; I PRINCESS COMMONS_ SPECIAL ECONOMIC GROWTH AREA $ t 1 .-.INTERFACILITY TRAFFIC AREA(ITA) r`, t„l. f 3 • PROPERTY LINES e '44, AIRCRAFT NOISE LEVELS• 1 • 70.75 dB %42 Rh RR� • 75 d6 ?lJ���i' , o, C• _,0.25 0 10 FIGURE 1.1 Princess Anne Commons City of Virginia Beach Development Authority Agenda Item 2 Page 14 Updated Design & Development Guidelines INNOVATION PARK ...,..t..", \ ..- . _tt! bti a , -- I siir- - w f •., ,,, --, ,_.• '''-:!---;-;.---;111,•i ‘f , %. ' '''' it Ns 4,, ,.. •- - ----4,4-2!%:-.-,-. -'; ' -W7:F.4-': ' •-.1,-, cr , 0- 1,...1 ... LIJ A - - • . .'--7' tO \* / CO 0 •,.! '.. ' '' -----r ---__ ..,,, \ i," ' ' __."/ - N1 AkkI3EIHRLNIM AVM 3iVOGIJO". 'i'cc 000M • 2 LI 17- — 0 - 1 /, : 7< I S`G41. _ tu .,_ --,-, ., ..- , , \''/ FIGURE 1.2 Innovation Park Boundary City of Virginia Beach Development Authority Agenda Item 2 Page 15 Updated Design & Development Guidelines Contemporary Shapes and Forms 1.4 PURPOSE OF THESE GUIDELINES The Innovation Park will support innovation in the fields of medicine, research, finance, technology, advanced manufacturing and more. To do so, it . is critical that the physical structures supporting these uses also depict innovation by design. These a. III 1 ,, guidelines follow the Comprehensive Plans general c.. u., ' i 1i. 41;'' PIN I n'1 jitati recommendations for Princess Anne Commons and — - --._- z_ provide guidance on site and building design for SIM I ' ' development within the Innovation Park to: • Assist property owners and developers FIGURE L3 Virginia Beach Parks and Recreation Admic.ctra-ion regarding appropriate design • Encourage innovation and creativity • Harmonize and enhance the visual appeal of '� the Innovation Park developments and the Ni _� general ambiance of Princess Anne Commons _ ^_ I- __-- i " _1 1.5 THE 'DESIGN VOCABULARY' OF '"�� r PRINCESS ANNE COMMONS Imal" '' NIMII lin As the Innovation Park grows, its development should harmonize with the surrounding Princess FIGURE 1.4 Regional Health Professions Center,Tidewater Community Anne Commons environs. See FIGURES 1.3-1.13 for _ __ common site and building design, form, materials, colors,and landscape foundation precedent. -.. _ 1.6 APPLICABLE CODES -~-- t sr 41- 1 At the time of this document's adoption,the majority .`r , - a of the land within the Innovation Park is owned by the -- s";, �"if imimi F I —�' t Virginia Beach Development Authority.Development j of land within the Innovation Park is governed by the following requirements and restrictions but not limited to: FIGURE 1.5 Sentara Princess Anne Hospital • The recorded zoning proffers of the VBDA • The City of Virginia Beach Zoning and ` LiSubdivision ordinances,as amended I 1 • The City of Virginia Beach Public Works Design L_'-: ��' Standards Manual,as amended - ; r'k1 I ;1111 bilti , t,; -It is the responsibility of the individual site developer % �' _ <to verify and conform to all requirements of �� 4‘ governing agencies and obtain and maintain all necessary permits. - FIGURE 1.6 Children's Hospital of The King's Daughters r City of Virginia Beach Development Authority Agenda Item 2 Page 16 Updated Design & Development Guidelines Building Materials and Color Palette 4 i t .. . I * - , y:ork A. - -- il t g = lir - FIGURE L7 LifeNet Health FIGURE 1.8 Joint-Use Library Planting and Outdoor Spaces . ,..4,...7 -:-.-,e ..., ,s.„,,... .. . _ , ilk i --4 .' •l iiip.,...--is:: t - ,• clf - u� . , n. 'a ..i„,... . ,.p . .c,,,, -.,,,,,, .,s e ,Ir fie r' FIGURE 1.10 Landstown Centre Outdoor Spaces HGURE 1.11 Landstown Comore- -?ti and Water Features } tI Tj FIGURE 1.12 Sentara Courtyard Foun FIGURE 1.13 Landstown Commons Plaza City of Virginia Beach Development Authority Agenda Item 2 Page 17 Updated Design & Development Guidelines SEC.2 INNOVATION PARK SITE DESIGN 2.1 ACCESS AND CIRCULATION Pathways and Crossings: Where appropriate, pedestrian pathways not necessarily associated with i 4, S y r the public roadways fronting the property should be provided in developments. Pedestrian pathways should be located within a planted or natural area -Y. = that may consist of a significant stand of trees, unusual topographic conditions, natural drainage �► patterns,or other natural features. , Pathways should be constructed of a durable, low- maintenance material such as asphalt or concrete. FIGURE 2.1 Regional Health Professions Center at Virginia Beach designed with surface parking located at the rear of the site and well Access:Clearly mark and efficiently place vehicular connected internal circulation system. and non-vehicular access to all new developments during the planning and development process. Vehicular and pedestrian access should bedistinct and F clearly separated. No vehicular access is permitted directly from Princess Anne Road.Coordinate access with or provide access from the secondary street system or by cross-parcel easements whenever = possible. Circulation: There should be an internal circulation system that provides safe and convenient access to uses within the development site.Where compatible FIGURE 2.2 Existing multi-modal pathway in the innovation Park. land uses adjoin one another, access from the To the greatest extent possible,parking areas should internal circulation system to surrounding properties be located in the rear of the site, well planted and should be provided. broken up into separate sub-areas to avoid the'sea Entrances and Driveways:Entrances and driveways of asphalt'appearance. should permit safe and convenient pedestrian Access: Access between parking areas on separate crossings where they intersect sidewalks and other lots should be accomplished through use of shared- pedestrian access ways.To minimize traffic conflicts, access easements, which join the lots. Individual entrances and exits to a development should be curb cuts for each parking area onto roadways consolidated to the greatest extent possible and is discouraged. Internal circulation roads on a be located a sufficient distance away from street parcel should be designed with stubs to adjoining intersections. undeveloped parcels that will provide future shared 2.2 PARKING access. Parking areas are not permitted between the building Bicycle Parking: As required by Sec. 203(b) of the and Princess Anne Road right-or-way for properties City Code, areas for the parking of bicycles and with frontage along Princess Anne Road. motorcycles must be provided on site with ready City of Virginia Beach Development Authority Agenda Item 2 Page 18 Updated Design & Development Guidelines 2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS Perimeter fencing is a crucial physical security The Innovation Park is intended to have a park-like element to certain facilities in order to funnel visitors setting with continuity of open spaces from the to designated entry points. Therefore fencing is surrounding Princess Anne Commons.Therefore,in permitted where it is necessary for security and addition to adherence to the City of Virginia Beach screening purposes only. Landscape Ordinance for plant species, parking lot and foundation landscaping, screening and tree Fencing should be limited to side and rear yards planting specification standards, the following and coupled with planting.When fencing fronts any additional requirements apply within the Innovation primary public roadways it shall be located behind park: a continuous landscape screen or vegetated berm a minimum of three foot in height,making the plantings 1. Existing natural characteristics, such as the the most visible feature from the street or adjacent site's topography, hydrology, soils, vegetation, parcels. Fencing in front yards shall be decorative natural drainage patterns and wetlands, should be identified and conserved. Building design use only and not visually obstruct the building.Metal placement should be configured to work with fencing with neutral color is preferred. these natural site conditions. 2. Building entrances, utility transformers, loading refuse, and outdoor storage areas, parking lots, entry drives and any property frontage along Princess Anne Road, shall be well landscaped with a combination of trees,shrubs and ground covers above and beyond what is required in the City of Virginia Beach Landscape Ordinance, - i I as amended. Any existing healthy, mature = I vegetation within the required setback from Princess Anne Road shall be preserved and protected. FIGURE 2.3 An example of planted buffer at the Park. 3. Sod, rather than seeding is required within 50' of the front of the building; all adjoining roads shall have sod along the entire property line for a minimum of 30'. All other lawn areas not receiving sod may be seeded. 4. All planting beds should be covered with a 3" layer of shredded hardwood mulch. I 5. Street trees shall be placed along all roadways • within the Park at a minimum of one shade tree every 35' of the property line that abuts the II1 ''" roadway. The spacing of all new required street trees should tie into existing trees and maintain • the 35' spacing on center. Existing healthy, mature vegetation that is preserved along the FIGURE 2.4 Metal perimeter fencing with neutral color is preferable. frontage of Princess Anne Road may be counted _ou ce: ,anq+Fulton in lieu of the required street trees for Princess Anne Road at the discretion of the City of Virginia Beach Planning Department. City of Virginia Beach Development Authority Agenda Item 2 Page 19 Updated Design & Development Guidelines 6. Flowering trees should be provided in front of 2.5 SI G N AG E buildings and along main entryways. 7. An irrigation system is required for all new All signage in the Innovation Park must comply with planting and sod areas up to the property line. the Sign Regulations of the City of Virginia Beach The irrigation system should be adequate to zoning ordinance, as amended. In addition, the maintain healthy plant life. following sign regulations apply: 8. Continuous evergreen screening is required 1. Plastic letters shall not be permitted for building- around any visible loading, storage, staging or mounted signs. refuse area. The minimum height of shrubs at 2. The size, location on the facade, color, material installation should be three feet with maximum and finish of the letters and/or logo shall be spacing of three feet on center. The minimum compatible with the building architecture. height of evergreen trees should be four to five 3. All conduits,raceways and transformers shall be feet in height with maximum spacing of eight concealed so that they are not visible. feet on center. A planted landscape berm may 4. In multi-tenant buildings where storefront be substituted and shall be a minimum height of entrances are used, sign information shall be three feet. limited to the company name,company logo and suite number. 9. All site utilities should be screened with evergreen S. Maintenance of all signs is required and the shrubs with maximum spacing of three feet on responsibility of the tenant/owner. Signs shall center.The height of shrubs at installation should be kept clean and in a state of good repair at all be a minimum height of four to five feet. times. 6. Temporary signs are only permitted during active e ® 3 construction of the permanent facility and shall ASREQUIRfoar be removed upon issuance of the Certificate of ur1LITYcoMPANI- Occupancy by the City of Virginia Beach. 7. All temporary signs shall be ground mounted. 6.4 '� 8. Only one project construction sign located on r site shall be permitted. °I, ., TRANSFORMER 9. Only one real estate sign shall be permitted per `-- MULCHWiTH building and shall be allowed for six months SON SEPARATOR maximum. EVERGREEN SHRUB MASS FIGURE 2.5 Example transformer screening plan 10.Violations and/or non-compliance with the above will allow the VBDAto remove the non-conforming CONTINUOUSHTSPA SPACED signs at the expense of the owner tenant. HEDGE 3°'H75PACf0 3' p owner/tenant. t- NON(TYP. ♦. fta) 2.6 OUTDOOR AMENITY AREAS SHRUBRtiSHAnF TREF ^. ♦V • , VI* MASSING ) FLOWERING Outdoor amenity areas, such as entry courtyards, 4 �. EVERGREEN GROUND- break areas, patios and pavilions, for employees 4 TREE(TYP) f e �,`GPs4. COVER( .1 and visitors to the businesses within the Park are ��k j• �0highly encouraged. When provided, the outdoor k:SO. . '-41110A amenity area must be well lit,connected to the Park circulation system, well maintained and provide POTENTIAL MONUMENT S,3': ANNUAIfPERENNWL PLANTING BE0 shade and low-maintenance durable site furniture FIGURE 2.6 Example entry drive planting plan designed for outdoor use. Note:The landscape architect shall respond to all visibility triangle requirements for intersections. 10 City of Virginia Beach Development Authority Agenda Item 2 Page 20 Updated Design & Development Guidelines SEC.3 INNOVATION PARK BUILDING DESIGN The relationship of buildings to the public and private spaces is critical to the overall success of the Innovation Park's site development.A building's • architectural elements provide an environment that ensures quality and a sense of place. 1II �l ID • ■ II 11 11 ¢s Building placement, massing, and appearance I I 11 11 I ■ I. define this relationship.Each building's architectural i r style, form, architectural details,exterior materials, �i��� II a I textures, and color work together to provide an FIGURE 3.1 Illuminated glass facade strategically creates a unique focal environment that ensures quality and a sense of feature to a buildin g's facade.Image:Regional Health Professions Center, place. Tidewater Community College;Source:EYP Architecture+Eraineerirut 3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE s The following provides general guidelines about the placement and design of buildings on a site •. = 1!IIir — for corporate, research, medical facilities, light R. — -- ' industrial, office, advanced manufacturing and aE ��academic facilities. Construction of such facilities are governed by the City of Virginia Beach Zoning Ordinance and the Virginia Statewide Building Code, FIGURE 3.2 ng;id:shall include swell-integrated defined focal entry. Image:Franklin Square Hospital Center latest amended edition. • Building designs shall express a unified theme by means of architectural style, materiality, colors,form and scale. • Building placement and architectural style shall be a development of one-story or multi , story buildings (dependent on use), set in a landscaped environment, maintaining an tAi aesthetic continuity. • Building design's individuality and creativity shall be expressed and integrated into the design context of the surrounding area. FIGURE 3.3 Varying building massing is encouraged to break-up large budding footprints;Source:Cal Valley Contractors Inc. • All building designs will be subject to the approval of the City (through the Proffers of the Conditional Zoning Agreement) and the VBDA. City of Virginia Beach Development Authority Agenda Item 2 Page 21 Updated Design & Development Guidelines 3.2 FORM AND BUILDING MASSING levels of architectural articulation such as cornices, Massing influences the sense of space which the expression of structural or architectural bays, building encloses,and helps define both the interior recessed windows or doors, material or material space and the exterior shape of the building. module changes,color and/or texture differences,or Employing horizontal and vertical elements can strongly expressed mullions. Continuity of design is help organize building massing forms. Breaking the encouraged on the side and rear faces. footprint of a large buildings into smaller parts and 3.4 EXTERIOR MATERIALS AND PALETTE varying a building's height is required along the facades with views from public roadways. Exterior building materials shall be of high quality, durable, aesthetically pleasing and sustainable. 3.3 BUILDING FACADE Permitted materials include, but are not limited to, Building facade plays an integral role in providing brick, stone, concrete masonry, glass, and metal a unifying element along the streetscape and panels. Combination of compatible materials is continuity.The front face(s)and facades with views preferred. from public roadways shall incorporate higher • II 1111111111. pg. rim FIGURE 3.4 Facility with vertical/horizontal facade articulation FIGURE 3.6 Offsets and cantilevered elements can create a unique and unifying material,such as glazing.Image:Motorola Campus in building facade and focal feature.Image:Entertainment and Sports Libertyville,Illinois;Source:Blue Water Builders Arena,Washington,DC;Source:Events DC 4 77:7- i 77—'7 • FIGURE 3.5 Exterior building materials shall vary by unifying colors FIGURE 3.7 Use of color is encouraged to enhance focal points and serve and materiality.Image:Tacoma Recovery and Transfer Center(LEED' as an accents to the structure.Image:Haydon Building Corporation Gold Certified);Source:Architect Magazine Headquarters,Phoenix,Arizona;Source:Haydon Building Coro. City of Virginia Beach Development Authority Agenda Item 2 Page 22 Updated Design & Development Guidelines However, use of one type of materiality is also acceptable, provided that layering of varying colors ! or shapes or similar techniques thereof are employed li' along the building face(s)adjacent to primary right- 'i !Iof-ways to maintain an articulated facade and avoid 1!I j II a monolithic appearance. Bare or painted concrete +at1 P. I as the only exterior facade material is strongly discouraged.Exterior insulated finishes(EIFs)should I 1 not be used below the first-floor elevation except FIGURE 3.10 Subtle use of color and proper integranon with natural colored when used as soffits. building materials.Image.Regional Health Professions Center,Tidewater Community College;Source:Greenmun Enameerink An identifiable break should be provided between a building's ground or second floor and the upper 3.5 BUILDING SCREENING floors. These breaks may consist of material or A side or rear fence or wall system may be used to fenestration changes or similar means. Employing screen dumpsters, loading areas,storage,staging or such design contributes to a better articulated mechanical or similar equipment from view from the building facade. public right-of-way of any street more than twenty Colors,materials,finishes,and architectural features (20) feet in width. Such screening shall be made of shall be coordinated in a consistent manner on all the same or compatible material and color of the elevations and complement one another. Bright principal structure. colors shall be used as building accents only to Mechanical Equipment: Ground level mechanical provide visual interest. equipment that cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design, I materials, and colors of such screening should be complementary with the main building. !1r Rooftop mechanical equipment (including elevator I`M �-» I __.', .:,. _ - rooms}should be screened so as to not be visible from 4 the ground level or areas adjacent to the building. .- 4 _i 11 _ Horizontal (flat) roof forms should be screened by -- extensions of the building wall planes(parapet). FIGURE 3.8 Proper integration of masonry and glass Ill ~ ■l ,,l ■ r . !I •• Se , _. FIGURE 3.9 Use of metal panels for light industrial use facilities is FIGURE 3.11 Ground level mechanical equipment must be screened acceptable.Layering of the same material or with other compatible from public view Source:Industrial Louvers,Inc. materials is preferred.Image:Tacoma Recovery and Transfer Center (LEED'Gold Certified) City of Virginia Beach Development Authority Agenda Item 2 Page 23 Updated Design & Development Guidelines Outdoor Storage,Staging and Services Areas Outdoor site lighting must primarily be used to provide safety, accentuate architectural elements, Loading/service, outdoor storage and staging and emphasize landscape features. Light fixtures areas are permitted in the Park but must be fully must be designed as an integral design element concealed from public right-of-way view and located complimenting the project design by color and style. at the rear of the building to the greatest extent Site and building lighting shall meet the following possible. Year-round screening may consist of walls conditions: and plant materials. Wall screening materials must be compatible with the primary structure.Access to • Accent lighting of buildings and signage is these areas should be minimized and arranged so required. that maneuvering is avoided on public streets. • Low bollard fixtures or landscape lighting is 3.6 EXTERIOR BUILDING LIGHTING recommended for walkways and building entries. Each project should develop a system or family of • Lighting in parking lots,walkways,signage and lighting with layers that contribute to the night- on all buildings shall be LED. Lights spillage time experience, including facade uplighting, sign onto adjacent properties and the right-of-way and display window illumination,landscape,parking shall be minimized. area,security,and pedestrian lighting. • All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. -----_ • All lighting fixtures must be shielded and .:... directed downward to minimize the amount t of light spill into the night sky.Designs to meet "` ,* I Dark Sky compliance are encouraged. • Integrate security lighting into the architectural ,,, ilk _ and landscape lighting system.Security lighting should not be distinguishable from the project's IIIII 11.11.1 overall lighting system. Building-mounted flood lights will not be permitted, except in FIGURE 3.12 If visible from public view,rooftop mechanical equip- ment should be screened.Source:ADCO Roofing and Waterproofing completely internalized service courts. 4.16-MI* sum __ _r tee .� iw t sew •.r FIGURE 3.13 Dumpster areas must be enclosed from public views. FIGURE 3.14 Exampc of lighting fixtures at Tidewater Community College Virginia Beach Student Center 14 City of Virginia Beach Development Authority Agenda Item 2 Page 24 Updated Design & Development Guidelines SEC.4 INNOVATION PARK REVIEW BYTHE VBDA The Innovation Park is governed by the recorded • Anticipated stormwater management practices zoning proffers of the VBDA.Each potential buyer and • Location of loading,utility and service areas site developer shall be responsible for verification • Elevations in color with materials described of all code requirements at the time purchase and • development. This section details the review and Landscape and planting areas approval process of the VBDA. The requirements If plan submittals are not sufficient, complete, or contained in these guidelines do not supersede are otherwise inadequate,the VBDA shall reject the a separate and independent review and approval submittal until requirements are met.Any revisions, process that will be required from the Department additions or alterations to any portion of the approved of Planning and Community Development. plans shall be subject to review and approval. 4.1 DEVELOPMENT PROCEDURES 4.3 BASIS OF VBDA APPROVAL Prior to the commencement of project design, the Review of plans shall be performed by VBDA's project owner and the design professionals are Department of Economic Development arm and/ required to review the Design Guidelines. They or VBDA's architectural, engineering and landscape shall be publicly available on the VBDA website and consultants,who herein afterward shall be referred provided upon request from a VBDA representative. to as"the Staff". Prior to the commencementofanysiteimprovements Approval of plans must be given by the Staff prior such asconstruction or building modifications,paving, to commencement of any construction. Approval drainage or any other permanent improvements, of any design will be good for a one(1)year period. the owner, lessee, or occupant of any site within After which time,if construction has not started the the Innovation Park shall first submit plans of the developer may be required to resubmit. improvements for VBDA's review and approval. Variations to the Design Guidelines not encompassed 4.2 SUBMITTAL REQUIREMENTS by the proffers of the affected property may be considered upon receiving a written recommendation The VBDA requires one complete digital set of plans from the VBDA as to whether the plans submitted be submitted at: should be approved or rejected.Final determination 1. The concept stage before permits for the work to deviate from the Design Guidelines shall rest are sought or a site plan is submitted. solely with the Director of Planning and Community 2. The final approval stage prior to final site plan Development. approval or building permit approval. 3. As-built drawings once the construction is 4.4 REVIEW TIME complete for VBDA records. The VBDA staff shall receive proposals for review All submittals shall include: a minimum of fourteen (14) days prior to the third • Property lines Tuesday of each month.The review comments shall be available from the VBDA staff within two weeks of • The building location and overall dimensions the third Tuesday. • Site circulation and parking City of Virginia Beach Development Authority Agenda Item 2 Page 25 Disclosure Statement • Disclosure Statement \13 tr°' ci,,,,f Uirvutbu ItaatA 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 City of Virginia Beach Development Authority(VBDA) Does the applicant have a representative? ®Yes D No • If yes,list the name of the representative. Emily Archer,VB Economic Development Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) VBDA 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-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. Revised 11 09.2020 1 City of Virginia Beach Development Authority Agenda Item 2 Page 26 Disclosure Statement Disclosure Statement City of t'inyirixi Beall Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes No • If yes,identify the financial institutions providing the service. 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. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09.2020 Wage City of Virginia Beach Development Authority Agenda Item 2 Page 27 Disclosure Statement Disclosure Statement cst y of vi-, Beath Planning&Community . Development ***tv' 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 ® No • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and individual providing the service. IGmley-Horn,Vanasse Hangen Brustlin,Inc(VHB)and MBP(McDonough Bolyard Peck) 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?IN Yes 0 No • if yes,identify the firm and individual providing the service. Singer Davis/Hunton Andrews Hurth Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. S(k-ljajd‘,C1:,) Applicant Signature I f v_..t 4,4 it Lt t ttc, Print Name and Title r Lisa M.Murphy,Chair Date .1 10 1- Is the applicant also the owner of the subject property? Ji Yes 0 No • If yes,you do not need to fill out the owner di c osure 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 ✓/J No chces as of oat` 06.07.2023 signature an Print"'"" Hoa N.Dao Revised 11.09.2020 Wage City of Virginia Beach Development Authority Agenda Item 2 Page 28 Disclosure Statement CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BOARD OF COMMISSIONERS David Bemd(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 City of Virginia Beach Development Authority Agenda Item 2 Page 29 Disclosure Statement rar Disclosure Statement Cif y of t'iruinia Bench Planning&Community Development Owner Disclosure Owner Name YCH,LLC Applicant Name City of Virginia Beach Development Authority(VBDA) Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Anthony Disilvestro,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the Owner. (Attach a list if necessary) Ynot Italian Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 5 Page City of Virginia Beach Development Authority Agenda Item 2 Page 30 Disclosure Statement Disclosure Statement City of Vtryinkt Bauch 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? B Yes ❑ No • If yes,identify the financial institutions providing the service. Towne Bank,Kathy Forebee 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. Riddle,Rob Riddle 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?II Yes E No • If yes,identify the firm and individual providing the service. Dickson Hughs,Pa Schuler 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?`Yes 0 No • If yes,identify the firm and individual providing the service. Covington Hendrix,John Covington 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?• Yes ❑ No • If yes,identify the company and individual providing the service. RRMM,Steve Childs 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. Kimley Horn,Randy Royal Revised 11.09.2020 6 I City of Virginia Beach Development Authority Agenda Item 2 Page 31 Disclosure Statement Disclosure Statement Planning&Community Development S. 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?El 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. c•Isf7hji Print Name and Title Anthony DiSilvestro fiLe s�bt3 Date 2/„ /7_3 Revised 11.09.2020 7 I P a g e City of Virginia Beach Development Authority Agenda Item 2 Page 32 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. City of Virginia Beach Development Authority Agenda Item 2 Page 33 .„4„...,,,, .. I N N OVAT I 0 N PA R K DESIGN AND DEVELOPMENT r GUIDELINES g; i ' ----,....._____,„..11.141. • . s . � avr ..ua.s t - s.iiikl f;M i �• owls , s..4111iilis r - Y 4 � 44~ ..- 'g 0 ,i jp, . - /1111r,.o jai virginia JANUARY 2023 beach CONTENTS SEC. I INTRODUCTION __._..______..._............_...._.._.__-------_._._._ _ _ __ 3 1.1 INNOVATION PARK 1.2 PRINCESS ANNE COMMONS 1.3 IMPROVEMENTS BY THE VBDA 1.4 PURPOSE OF THESE GUIDELINES 1.5 THE 'DESIGN VOCABULARY' OF PRINCESS ANNE COMMONS 1.6 APPLICABLE CODES SEC. 2 SITE DESIGN 8 2.1 ACCESS AND CIRCULATION 2.2 PARKING 2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS 2.5 SIGNAGE 2.6 OUTDOOR AMENITY AREAS SEC.3 BUILDING DESIGN __._._._...___._._.______. 3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE 3.2 FORM AND BUILDING MASSING 3.3 BUILDING FACADE 3.4 EXTERIOR MATERIALS AND PALETTE 3.5 BUILDING SCREENING 3.6 EXTERIOR BUILDING LIGHTING SEC.4 REVIEW BY T H E V B DA _.._._....._...... _ .___._.__.__ 15 4.1 DEVELOPMENT PROCEDURES 4.2 SUBMITTAL REQUIREMENTS 4.3 BASIS OF APPROVAL 4.4 REVIEW TIME SEC. I INNOVATION PARK INTRODUCTION 1.1 INNOVATION PARK The Innovation Park was established in 2016 as a Comprehensive Plan Recommendations: magnet for high-quality, technological, innovative, advanced manufacturing businesses within A primary focus of Princess Anne Commons is to the Princess Anne Commons Special Economic provide locations for campus-like development that Growth Area (SEGA). The Park, controlled by the may not be suitable in a more urban setting. The Virginia Beach Development Authority (VBDA), is Comprehensive Plan provides the following general approximately 150 acres and is zoned as I-1 (Light recommendations for Princess Anne Commons as Industrial). they are applicable to the Innovation Park: This document provides design and development • guidance for the "Innovation Park," formerly known Strive to achieve extensive open space as the VABeachBio Research Park, that is developing connectivity throughout the Commons within North Princess Anne Commons (see FIGURES • Protect the most sensitive land 1.1 and 1.2). • Low-impact campus style development for work, education, research, and recreation The Innovation Park was originally envisioned to house medical research and office buildings; • Create guidelines for building types to ensure however, recently the City has seen a growth in appropriate quality and character other industry sectors in this area and has expanded • Provide public amenity areas for walking, the Park's focus to research, education, technology, cycling, and recreation manufacturing, finance, business, and other • High-quality roadways with landscaped edges, commercial uses while still supporting the field of multi-modal pathways, and adequate lighting scientific innovations. Such growth befitted the area to be renamed Innovation Park. 1.3 IMPROVEMENTS BY VBDA 1.2 PRINCESS ANNE COMMONS The Innovation Park offers shovel ready sites, The Princess Anne Commons SEGA is nearly 3,000 roadway access, water, sewer and electric utilities acres (see FIGURE 1.1). It is identified in the City's within the right-of-way and stormwater treatment of Comprehensive Plan, 2017 Interfacility Traffic Area up to 60% of the impervious site coverage. Plan (ITA)and other related development regulations to protect Naval Air Station (NAS) Oceana and Naval Auxiliary Landing Field (NALF) Fentress from future developments. The ITA overlay district consists of areas within the Air Installations Compatible Use Zones (AICUZ) with aircraft noise levels greater than 65 dB DNL, a level that is not preferable for • residential uses. Princess Anne Commons SEGA has been recognized for its economic development opportunities in medical, research, and recreation. The Innovation Park will further augment and diversify the City's �-- economy by enhancing the industries in Princess Image of the existing access road:Hudome Way Anne Commons. \\\‘'‘.7, .:1...........-''.."-".....,../ ..: ‘,..,-. .', ' . , '' •.., ' 4 ..,„ '. 14. . .' -r,4k. ....s w -0 0 or or ira ,,0m ••\\.\\\\, v V o 0 D — v)-o — Z ` ' tw.. � /, Z m 5 • c'' -,t .:.t 21 0 ;1 M'2' ,...,Z .•.•, ,0 e n ° VI CO CO 0 XI > r 0') .--_-_, ,IS ,_ \ik .."-.44111L111.10141. i rig VI 3 D r C OZ O ‘, ' '',4,„bv,,... ..v..:\•• - , -ft, //C"---) ,w n < m , 0 m > , \s,, - \ o m cn —1 K o 73 -,..**,.. ', s.,„, ,-;,,,,, ' \-;,,,,,4, ..,‘„,\ ,,,,,, „,. ,: ••,ftiro kv7,,V„ S \\,,,, •NN24 '.1. 'tv ' 11, NoikV, ,•,\.: Alk‘„ ---- •-$ le% / ,,, > z ,.,* 7,4;,,,,,,\.• "N‘s,,,,,...._.-% k._ ,,s., Nozo,,,..-w_ \\,:.„\\;.,,„,,,.._,., 4.3 I\ 10,41/41/4„; , , : .----i m *:.*:\' ...,1,1,Ns\:. \ \',.,,,,,, '4.,,,,,, .. .'ssi\N'.'., "..*, ,: ••••••• ...`::".,\:',,.......:•..,. 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''s.,* ,44,',•,'7,. , 7,".. 'L..,• ., •- \•:-......-,Z. !,,. ‘, tir i. -mop p N.',.., \ e ',47' )'14#.'":.: '-'" ''Nt '' \‘*, * \Si i'1 ';',".'.i. __ f A . . • . ' • ,--•1 .0 ... 4. '. , i \%, .." -,..„..‘,,,-:.. , . c•., ..,,,,,,, \\ ....,,„... ,. •7•••kt •,.,„ t , ,',\ \ tt,,,,,,,I., i ,............ � a • �.� ,r •"..�. 4 c.. •:;ems::: .! 1 mow,— /I'•1 ✓:c: ....._- _ 1',1 t L.... 1..: '..+•r7,4•4 ..\ 4, : ..fJlir 1a�i�1\ ,. G1 N, ,,'. r' 'r w n 41*, ***zz, ______....___„._V)..- ' / �c \ o 'PRINCESS ANNE RD �.. —.- :. ,...gym. t .s yL •' Wk Z Q 71°4gjk, "I./ .... -i �w. 1 ----*;.*:' r./ �. L. :::9''''''''' ' f ,. rj'', 411-7°'-' i / 4-1,\.,\ \ N <„:1*/' '''b' X \,/j 411 11 ... ..,..._ , .4, .,,.7 Itiktol. ,: , k 7 N-,--e- If i tr -\ I i , . , ,q`.. n ' 4. i 41t4\14*3\ '/ i 1 '74. ,,�� ��,, "` :n �'� 1 / c. ate.�^„ fit' ,, LEGEND :.•, INNOVATION PARK LIMITS VBDA-OWNED PROPERTY .---- ... PRESERVATION AREA EXISTING STORMWATER POND �' > �\ I FUTURE STORMWATER POND .- T ,,,r/ -' gpp 1,600 >_.._�,' , k'' FEET ur Contemporary Shapes and Forms 1.4 PURPOSE OF THESE GUIDELINES The Innovation Park will support innovation in the fields of medicine, research, finance, technology, advanced manufacturing and more. To do so, it is critical that the physical structures supporting . these uses also depict innovation by design. These - TY 111 ! , guidelines follow the Comprehensive Plan's general i,'` `;c,!E:1P1f-1;. -1,r 1p I!. '. i! recommendations for Princess Anne Commons and provide guidance on site and building design for I *C , OO ' development within the Innovation Park to: • Assist property owners and developers FIGURE 1.3 Virginia Beach Parks and Recreation Administration regarding appropriate design _______-.--- • Encourage innovation and creativity _� %� �`� ' �,i�1 �-- • Harmonize and enhance the visual appeal of , �. the Innovation Park developments and the at% general ambiance of Princess Anne Commons ;' ., 1.5 THE 'DESIGN VOCABULARY' OF - __ PRINCESS ANNE COMMONS s -=_ - p� `4,,a . ■ii R:W,4 F.._ Pr ; ...1 I J O As the Innovation Park grows, its development - .. __ _ should harmonize with the surrounding Princess FIGURE 1.4 Regional Health Professions Center,Tidewater Community Anne Commons environs. See FIGURES 1.3-1.13 for common site and building design, form, materials, P r�` colors, and landscape foundation precedent. �-___._._ 1.6 APPLICABLE CODES $ -W- -a At the time of this document's adoption,the majority - — `. of the land within the Innovation Park is owned by the . •r , ` -_ .__.: — Virginia Beach Development Authority. Development 1 -- . 1 :- ' '4 of land within the Innovation Park is governed by / - the following requirements and restrictions but not limited to: FIGURE 1.5 Sentara Princess Anne Hospital • The recorded zoning proffers of the VBDAI • The City of Virginia Beach Zoning and Subdivision ordinances, as amended .- +. I killi. ,:14• The City of Virginia Beach Public Works Design ,.. ,.. - ki%ki I'Standards Manual, as amended _ t,J \ .#1 r tf ' ' .. - 1 -f ri°0)...-.::-.-... ---ik, It is the responsibility of the individual site developer ,� /�► �� /w hi`. - �� ,: to verify and conform to all requirements of ti s �4- ` '' governing agencies and obtain and maintain all I�I��� ri. \' necessary permits. - .. *:.. + s FIGURE 1.6 Children's Hospital of The King's Daughters 6 Building Materials and Color Palette Y t py :•.s.„ -,..-.,-,„ — , , , __., .1..,,, ..„.„ ► , ;; — .91 ..... ,..,.. , .,_,,,, .....r,....... ,,,„,.., , # „. --- .,, , .._. _ _ ,..1 ,.. .., .-- ,.....r• .• , rI s _ ..,., , 1 rialto IW it: . radar gar _ _,,....,-:--, - =- •I -, .-7-,-:..,;avow - . . - ,k, -It ... ,,I, . . :4 11 _ •. "; ._MIMI Iry• i 11 i t. d ? 1 _ t .:+-n. :.Y.+a. - _'+,,inn.-. d FIGURE 1.7 LifeNet Health FIGURE 1.8 Joint-Use Library Planting and Outdoor Spaces "'FA,---, -2 3, r ' 7'�i.. ,N. _ ,. ..... ,, — IF- --: IR, .. *' c f 3 .! 2.741- ' : iiii";-.-=' 4. t ��, .mac. i•�LRt s•i'4'.: -ww_ !r �.�- ji . 1 FIGURE 1.10 Landstown Centre Outdoor Spaces FIGURE 1.11 Landstown Commons Courtyard Water Features t_ � � ram. ?I �fr-t �£.� y"�\ ?› ST' j Af' ,� f'Y. �\ ,... .........._________AL. - - kja. y .._ -� �•".a,� -fir � "-� FIGURE 1.12 Sentara Courtyard Foun- FIGURE 1.13 Landstown Commons Plaza SEC. 2 INNOVATION PARK SITE DESIGN 2.1 ACCESS AND CIRCULATION Pathways and Crossings: Where appropriate, - - - --s 0. -3_ pedestrian pathways not necessarily associated with- %-= . 3 the public roadways fronting the property should _____- —J air - j+ iN.f be provided in developments. Pedestrian pathways 4 should be located within a planted or natural area t _ _. _ - 4 that may consist of a significant stand of trees, unusual topographic conditions, natural drainage a ' .;- _. patterns, or other natural features. ' :0.5.; Pathways should be constructed of a durable, low- --�" maintenance material such as asphalt or concrete. FIGURE 2.1 Regional Health Professions Center at Virginia Beach designed with surface parking located at the rear of the site and well Access: Clearly mark and efficiently place vehicular connected internal circulation system. and non-vehicular access to all new developments i.- �` ', during the planning and development process. -4._ - Vehicularand pedestrian access should bedistinctand - clearly separated. No vehicular access is permitted ; `'•'s - - directly from Princess Anne Road. Coordinate access - with or provide access from the secondary street ` 11 I1.. 71 system or by cross-parcel easements whenever 'v"A` '"'e` - " possible. $rsF_ F.. Circulation: There should be an internal circulation system that provides safe and convenient access to uses within the development site. Where compatible FIGURE 2.2 Existing multi-modal pathway in the Innovation Park. land uses adjoin one another, access from the To the greatest extent possible, parking areas should internal circulation system to surrounding properties be located in the rear of the site, well planted and should be provided. broken up into separate sub-areas to avoid the 'sea Entrances and Driveways: Entrances and driveways of asphalt' appearance. should permit safe and convenient pedestrian Access: Access between parking areas on separate crossings where they intersect sidewalks and other lots should be accomplished through use of shared- pedestrian access ways. To minimize traffic conflicts, access easements, which join the lots. Individual entrances and exits to a development should be curb cuts for each parking area onto roadways consolidated to the greatest extent possible and is discouraged. Internal circulation roads on a be located a sufficient distance away from street parcel should be designed with stubs to adjoining intersections. undeveloped parcels that will provide future shared 2.2 PARKING access. Parking areas are not permitted between the building Bicycle Parking: As required by Sec. 203(b) of the and Princess Anne Road right-or-way for properties City Code, areas for the parking of bicycles and with frontage along Princess Anne Road. motorcycles must be provided on site with ready 2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS Perimeter fencing is a crucial physical security The Innovation Park is intended to have a park-like element to certain facilities in order to funnel visitors setting with continuity of open spaces from the to designated entry points. Therefore fencing is surrounding Princess Anne Commons. Therefore, in permitted where it is necessary for security and addition to adherence to the City of Virginia Beach screening purposes only. Landscape Ordinance for plant species, parking lot and foundation landscaping, screening and tree Fencing should be limited to side and rear yards planting specification standards, the following and coupled with planting. When fencing fronts any additional requirements apply within the Innovation primary public roadways it shall be located behind Park: a continuous landscape screen or vegetated berm a minimum of three foot in height,making the plantings 1. Existing natural characteristics, such as the the most visible feature from the street or adjacent site's topography, hydrology, soils, vegetation, parcels. Fencing in front yards shall be decorative natural drainage patterns and wetlands, should be identified and conserved. Building design use only and not visually obstruct the building. Metal placement should be configured to work with fencing with neutral color is preferred. these natural site conditions. 2. Building entrances, utility transformers, loading refuse, and outdoor storage areas, parking lots, entry drives and any property frontage along i.,: .re - Princess Anne Road, shall be well landscaped , , with a combination of trees, shrubs and ground ` covers above and beyond what is required in the City of Virginia Beach Landscape Ordinance, as, -+ =`r u+ as amended. Any existing healthy, mature ,T '., a ,�_. vegetation within the required setback from e t ` ' Princess Anne Road shall be preserved and Y % _' protected. FIGURE 2.3 An example of planted buffer at the Park. 3. Sod, rather than seeding is required within 50' of the front of the building; all adjoining roads shall have sod along the entire property line ,.,;-- ;llr.'. - ,I .- for a minimum of 30'. All other lawn areas not ��7 y, ,�1 ����;;;; receiving sod may be seeded. y✓ 0._ ;/ el 11_I11111111 •y� „/ ' •'`='` ;' IIII!IOu' 4. All planting beds should be covered with a 3" ,.., R II layer of shredded hardwood mulch. � - „"`,� ' -- --- ttNtlftl iltlf it'111111111 _� - — tltittsREtl=. , , IIIIIIIII 5. Street trees shall beplaced alongall roadways ,,; II II! Y +..+— _' 4. _ ,,,, i„; , within the Park at a minimum of one shade tree ' _ ''. I every 35' of the property line that abuts the � i ".4 •_i 1,1"I ..th roadway. The spacing of all new required street _ • _ ., trees should tie into existingtrees and maintain Illiihh ,.. `s �1; - ,t "u' the 35' spacing on center. Existing healthy, mature vegetation that is preserved along the FIGURE 2.4 Metal perimeter fencing with neutral color is preferable. frontage of Princess Anne Road may be counted Source: Lang+Fulton in lieu of the required street trees for Princess Anne Road at the discretion of the City of Virginia Beach Planning Department. 6. Flowering trees should be provided in front of 2.5 SIGNAGE buildings and along main entryways. 7. An irrigation system is required for all new All signage in the Innovation Park must comply with planting and sod areas up to the property line. the Sign Regulations of the City of Virginia Beach The irrigation system should be adequate to zoning ordinance, as amended. In addition, the maintain healthy plant life. following sign regulations apply: 8. Continuous evergreen screening is required 1. Plastic letters shall not be permitted for building- around any visible loading, storage, staging or mounted signs. refuse area. The minimum height of shrubs at 2. The size, location on the façade, color, material installation should be three feet with maximum and finish of the letters and/or logo shall be spacing of three feet on center. The minimum compatible with the building architecture. height of evergreen trees should be four to five 3. All conduits, raceways and transformers shall be feet in height with maximum spacing of eight concealed so that they are not visible. feet on center. A planted landscape berm may 4. In multi-tenant buildings where storefront be substituted and shall be a minimum height of entrances are used, sign information shall be three feet. limited to the company name, company logo and suite number. 9. All site utilities should be screened with evergreen 5. Maintenance of all signs is required and the shrubs with maximum spacing of three feet on responsibility of the tenant/owner. Signs shall center.The height of shrubs at installation should be kept clean and in a state of good repair at all be a minimum height of four to five feet. times. ilk • 6. Temporary signs are only permitted during active OS * construction of the permanent facility and shall ASRfOUIREDBY be removed upon issuance of the Certificate of +10 UTILITY COMPANY Occupancy by the City of Virginia Beach. 7. All temporary signs shall be ground mounted. 8. Onlyone project construction sign located on 0411104111 site shall be permitted. fli ___ .41111 TRANSFORMER 9. Only one real estate sign shall be permitted per Vis 3"MULCH WITH SOIL SEPARATOR building and shall be allowed for six months maximum. EVERGREEN SHRUB MASS FIGURE 2.5 Example transformer screening plan 10. Violations and/or non-compliance with the above will allow the VBDAto remove the non-conforming CONTINUOUS EVERGREEN HEDGE 30"IIT SPACED 3' signs at the expense of the owner/tenant. ON CENTER AT INSTALLA TION(TYP.) ill)* 2.6 OUTDOOR AMENITY AREAS q fito:111' SHRUBSHADE TREE(TYP.) ii0o MASSING(TYP.) tr I Outdoor amenity areas, such as entry courtyards, FLOWERING , 4 ? EVERGREEN TREE(TYP.) �� i r GROUND- break areas, patios and pavilions, for employees •t 4 COVER(TYP.) and visitors to the businesses within the Park are `_ �• AVAir' highly encouraged. When provided, the outdoor ‘,,,:,..„;iit, amenity area must be well lit, connected to the Park circulation system, well maintained and provide POTENTIAL MONUMENT SIGN ANNUAL/PERENNIAL PLANTING BED shade and low-maintenance durable site furniture FIGURE 2.6 Example entry drive planting plan designed for outdoor use. Note:The landscape architect shall respond to all visibility triangle requirements for intersections. SEC. 3 INNOVATION PARK BUILDING DESIGN The relationship of buildings to the public and private spaces is critical to the overall success of - the Innovation Park's site development. A building's y_, architectural elements provide an environment that --- �t ensures quality and a sense of place. Building placement, massing, and appearance ►l4 1111 It II II II ■ ■ f! define this relationship. Each building's architectural ., .�� exterior materials, �� O ' II a style, form, architecturaldetails, .., textures, and color work together to provide an FIGURE 3.1 Illuminated glass facade strategically creates a unique focal environment that ensures quality and a sense of feature to a building's facade. Image:Regional Health Professions Center, place. Tidewater Community College;Source: EYP Architecture+Engineering_ 3.1 BUILDING PLACEMENT AND , ARCHITECTURAL STYLE a:�,�jx The following provides general guidelines about ' . i■ I 1 the placement and design of buildings on a site �— — ` -- .-.. pi , for corporate, research, medical facilities, light (�' a- C. 3 industrial, office, advanced manufacturing and III ' rJII I1 4.. . .. . _ - - I , --- academic facilities. Construction of such facilities -_ are governed by the City of Virginia Beach Zoning FIGURE 3.2 Building facade shall include a well integrated,defined Ordinance and the Virginia Statewide Building Code, focal entry. Image:Franklin Square Hospital Center latest amended edition. • Building designs shall express a unified theme .�` by means of architectural style, materiality, - • colors, form and scale. , ,., • Building placement and architectural style ., , _!: ,_. -- 411011111A I lili l shall be a development of one-story or multi * " storybuildings (dependent on use), set in ,r~ w�° g ( p ) , a landscaped environment, maintaining an T= -I' .r- aesthetic continuity. x_ _ ; • Building design's individuality and creativity -- - - --- shall be expressed and integrated into the design context of the surrounding area. FIGURE 3.3 Varying building massing is encouraged to break-up large building footprints;Source:Cal Valley Contractors Inc. • All building designs will be subject to the approval of the City (through the Proffers of the Conditional Zoning Agreement) and the VBDA. _1 3.2 FORM AND BUILDING MASSING levels of architectural articulation such as cornices, Massing influences the sense of space which the expression of structural or architectural bays, building encloses, and helps define both the interior recessed windows or doors, material or material space and the exterior shape of the building. module changes, color and/or texture differences, or Employing horizontal and vertical elements can strongly expressed mullions. Continuity of design is help organize building massing forms. Breaking the encouraged on the side and rear faces. footprint of a large buildings into smaller parts and 3.4 EXTERIOR MATERIALS AND PALETTE varying a building's height is required along the Exterior building materials shall be of high quality, facades with views from public roadways. durable, aesthetically pleasing and sustainable. 3.3 BUILDING FACADE Permitted materials include, but are not limited to, Building facade plays an integral role in providing brick, stone, concrete masonry, glass, and metal a unifying element along the streetscape and panels. Combination of compatible materials is continuity. The front face(s) and facades with views preferred. from public roadways shall incorporate higher [yam . -4 R • l 1 - _ _ s -. t...-mili , .. , r I^ ' 11E1- • aminiamiimE . ,1 � 1 , , ...'.... ...i..... ............. FIGURE 3.4 Facility with vertical/horizontal facade articulation FIGURE 3.6 Offsets and cantilevered elements can create a unique and unifying material,such as glazing.Image: Motorola Campus in building facade and focal feature.Image:Entertainment and Sports Libertyville,Illinois;Source:Blue Water Builders Arena,Washington,DC;Source: Events DC e I , - . ----.ft b A'iloi - FIGURE 3.5 Exterior building materials shall vary by unifying colors FIGURE 3.7 Use of color is encouraged to enhance focal points and serve and materiality. Image:Tacoma Recovery and Transfer Center(LEED'' as an accents to the structure.Image:Haydon Building Corporation Gold Certified);Source:Architect Magazine Headquarters, Phoenix,Arizona;Source:Havdon Building Corp. _2 However, use of one type of materiality is also acceptable, provided that layering of varying colors .1 ' / or shapes or similar tecq hni uesthereofare employed along the building face(s) adjacent to primary right- ;f II ;_� 0 I. of-ways to maintain an articulated facade and avoid 1 litf Eli-a monolithic appearance. Bare or painted concrete ##..:,� it II ': as the only exterior facade material is strongly ... discouraged. Exterior insulated finishes (ElFs) should I not be used below the first-floor elevation except FIGURE 3.10 Subtle use of color and proper integration with natural colored building materials.Image:Regional Health Professions Center,Tidewater when used as soffits. Community College;Source:Greenmun Engineering An identifiable break should be provided between a building's ground or second floor and the upper 3.5 BUILDING SCREENING floors. These breaks may consist of material or A side or rear fence or wall system may be used to fenestration changes or similar means. Employing screen dumpsters, loading areas, storage, staging or such design contributes to a better articulated mechanical or similar equipment from view from the building facade. public right-of-way of any street more than twenty Colors, materials, finishes, and architectural features (20) feet in width. Such screening shall be made of shall be coordinated in a consistent manner on all the same or compatible material and color of the elevations and complement one another. Bright principal structure. colors shall be used as building accents only to Mechanical Equipment: Ground level mechanical provide visual interest. equipment that cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design, rteT::,7--.'---ittIN materials, and colors of such screening should be NA complementary with the main building. r,: � . ,, Rooftop mechanical equipment (including elevator }_ +, rooms)should be screened so as to not be visible from il -i'-'" �' -�' '"` the ground level or areas adjacent to the building. .�-,- : jr, . r��, ;, - �_ Horizontal (flat) roof forms should be screened by -•. extensions of the building wall planes (parapet). FIGURE 3.8 Proper integration of masonry and glass fk- R I' v I FIGURE 3.9 Use of metal panels for light industrial use facilities is FIGURE 3.11 Ground level mechanical equipment must be screened acceptable.Layering of the same material or with other compatible from public view.Source: Industrial Louvers, Inc. materials is preferred.Image:Tacoma Recovery and Transfer Center (LEED®Gold Certified) 13 Outdoor Storage, Staging and Services Areas Outdoor site lighting must primarily be used to provide safety, accentuate architectural elements, Loading/service, outdoor storage and staging and emphasize landscape features. Light fixtures areas are permitted in the Park but must be fully must be designed as an integral design element concealed from public right-of-way view and located complimenting the project design by color and style. at the rear of the building to the greatest extent Site and building lighting shall meet the following possible. Year-round screening may consist of walls conditions: and plant materials. Wall screening materials must be compatible with the primary structure. Access to • Accent lighting of buildings and signage is these areas should be minimized and arranged so required. that maneuvering is avoided on public streets. • Low bollard fixtures or landscape lighting is 3.6 EXTERIOR BUILDING LIGHTING recommended for walkways and building entries. Each project should develop a system or family of • Lighting in parking lots, walkways, signage and lighting with layers that contribute to the night- on all buildings shall be LED. Lights spillage time experience, including façade uplighting, sign onto adjacent properties and the right-of-way and display window illumination, landscape, parking shall be minimized. area, security, and pedestrian lighting. • All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. - .,._ • All lighting fixtures must be shielded and - :;::,"-- _ directed downward to minimize the amount "r. 4---------_-__-- _ '; of light spill into the night sky. Designs to meet ";` .;,-,- , . ` ..t `1, ,. Dark Sky compliance are encouraged. .. .4 • Integrate security lighting into the architectural 4 -' - lit _ and landscape lighting system. Security lighting ti should not be distinguishable from the project's otiomire ,7.r., ,err airs wry tit. 1111 overall lighting system. Building-mounted flood lights will not be permitted, except in FIGURE 3.12 If visible from public view,rooftop mechanical equip Completely internalized service courts. ment should be screened.Source:ADCO Roofing and Waterproofing +E -. _ • . a"in fJ i1 '' a•c� Y— -- � --- '`'A`. te'-• T''')!V,rrre,--., sar.-- .- eT,.W.------1,;.--:-:". . ' ":7•410*. I - • I • -:— .1 TV* 1-5' , -----'' trk;:ii -;-- - — -.--", :--''''''-'7---• .,.'•,:.,141 it-1 , — FIGURE 3.13 Dumpster areas must be enclosed from public views. FIGURE 3.14 Example of lighting fixtures at Tidewater Community College Virginia Beach Student Center SEC.4 INNOVATION PARK REVIEW BY THE VBDA The Innovation Park is governed by the recorded • Anticipated stormwater management practices zoning proffers of the VBDA. Each potential buyer and • Location of loading, utility and service areas site developer shall be responsible for verification • Elevations in color with materials described of all code requirements at the time purchase and • Landscape and planting areas development. This section details the review and approval process of the VBDA. The requirements If plan submittals are not sufficient, complete, or contained in these guidelines do not supersede are otherwise inadequate, the VBDA shall reject the a separate and independent review and approval submittal until requirements are met. Any revisions, process that will be required from the Department additions or alterations to any portion of the approved of Planning and Community Development. plans shall be subject to review and approval. 4.1 DEVELOPMENT PROCEDURES 4.3 BASIS OF VBDA APPROVAL Prior to the commencement of project design, the Review of plans shall be performed by VBDA's project owner and the design professionals are Department of Economic Development arm and/ required to review the Design Guidelines. They or VBDA's architectural, engineering and landscape shall be publicly available on the VBDA website and consultants, who herein afterward shall be referred provided upon request from a VBDA representative. to as "the Staff". Priortothecommencementofanysiteimprovements Approval of plans must be given by the Staff prior such as construction or building modifications,paving, to commencement of any construction. Approval drainage or any other permanent improvements, of any design will be good for a one (1) year period. the owner, lessee, or occupant of any site within After which time, if construction has not started the the Innovation Park shall first submit plans of the developer may be required to resubmit. improvements for VBDA's review and approval. Variations to the Design Guidelines not encompassed 4.2 SUBMITTAL REQUIREMENTS by the proffers of the affected property may be considered upon receiving a written recommendation The VBDA requires one complete digital set of plans from the VBDA as to whether the plans submitted be submitted at: should be approved or rejected. Final determination 1. The concept stage before permits for the work to deviate from the Design Guidelines shall rest are sought or a site plan is submitted. solely with the Director of Planning and Community 2. The final approval stage prior to final site plan Development. approval or building permit approval. 3. As-built drawings once the construction is 4.4 REVIEW TIME complete for VBDA records. The VBDA staff shall receive proposals for review All submittals shall include: a minimum of fourteen (14) days prior to the third Tuesday of each month. The review comments shall • Property lines be available from the VBDA staff within two weeks of • The building location and overall dimensions the third Tuesday. • Site circulation and parking Innovation Park Design and Development Guidelines Update Detailed List of Changes I January 2023 Description of Change(s) Existing 2016 January 2023 Design Guidelines Design Guidelines Reference Page Reference Page Number(s) Number(s) Update: Business Park name change from Cover Cover "Princess Anna Commons Biomedical Park" to the "Innovation Park" Updated Throughout: Imagery& Document all all Design New and updated photos to better illustrate the current developments in Princess Anne and the Innovation Park. More user- friendly, visually compelling, and organized document. Updated:Table of Contents Page Three sections: Four sections: • Introduction • Introduction • Site • Site Design Planning • Building • Building Design Design • Review by VBDA Updated: Princess Anne Commons Map and 1-2 and 1-3 4 and 5 Innovation Park map SEC. 1 INTRODUCTION 1-1, 1-2 and 1-3 3, 6 New: 1.1 Innovation Park specific background and introduction for the Innovation Park New: 1.3 Improvements by VBDA The Innovation Park offers shovel-ready sites, roadway access, water, sewer and electric utilities within the right-of-way and stormwater treatment of up to 60% of the impervious site coverage. Removed: References to several sets of guidelines for different types of development and activities envisioned in Princess Anne Commons and references to the park as the "VA Beach Bio Research Park" or 'BioPark'. 1 Description of Change(s) Existing 2016 January 2023 Design Guidelines Design Guidelines Page Number(s) Page Number(s) New: 1.6 Applicable Codes names the Virginia N/A 6 Beach Development Authority (VBDA) as the Park owner and lists the current zoning and design and engineering standards that govern land development in the Park. SEC. 2 SITE DESIGN 2-1 through 2-6 8-10 Section renamed from "Site Planning" & reorganized 2.4 Landscape and Plantings: Edited for clarity 2-1 & Appendix A 9 & 10 and consistency with what is expected above and (2-16 through 2-21) beyond the City of Virginia Beach's Landscape Ordinance within the Innovation Park. Much of Appendix A was incorporated into section's text. Access and Circulation 2-1, 2-2 and 2-3 8 Removed: Diagram on page 2-2 and topics organized into body of text Parking 2-4& 2-6 8 New: "Buildings with views from or with frontage along Princess Anne Road should generally be oriented to the front of the site closest to Princess Anne Road with parking areas located in the rear." Removed: "Landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that lines-of-sight are maintained, both at the time of planting and when the plants have matured." New:2.3 Fencing N/A 9 Perimeter fencing is a crucial physical security element to certain facilities in order to funnel visitors to designated entry points. Fencing should be limited to side and rear yards and coupled with planting. When fencing fronts any primary public roadways it should be located behind a landscape screen, making the plantings the most visible feature from the street or adjacent parcels. Fencing in front yards should be decorative use only and should not visually obstruct the building. Metal fencing with neutral color is preferred. 2 Description of Change(s) Existing 2016 January 2023 Design Guidelines Design Guidelines Page Number(s) Page Number(s) New: Outdoor Amenity Areas N/A 10 Outdoor amenity areas, such as entry courtyards, break areas, patios and pavilions, for employees and visitors to the businesses within the Park are highly encouraged. New: Signage N/A 10 All signage in the Innovation Park must comply with the Sign Regulations of the City of Virginia Beach zoning ordinance, as amended. In addition, 10 other conditions are listed for signs to conform to within the Innovation Park. SEC. 3 BUILDING DESIGN 2-7 through 2-15 11-14 New: Building Facade 2-8 & 2-9 12 "The front face(s) of buildings should incorporate higher levels of architectural articulation... continuity of design is encouraged on the side and rear faces" Replaced:Joint Use Library modern design example with multiple contemporary and light industrial/advance manufacturing examples from around the country New: Exterior Materials and Palette 2-10 12 "Exterior building materials should be of high quality, durable, aesthetically pleasing, and sustainable, including, but not limited to, brick, stone, concrete, masonry, glass and metal panels." New: Outdoor Storage, Staging&Services Areas 2-12 13 & 14 Loading/service, outdoor storage and staging areas are permitted in the Park but must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building. Year-round screening may consist of walls and plant materials. Wall screening materials must be compatible with the primary structure. Access to these areas should be minimized and arranged so that maneuvering is avoided on public streets. Removed: Parking Structures Section 2-12 through 2-15 N/A Density within the Innovation Park is not anticipated to ever require a parking structure. 3 Description of Change(s) Existing 2016 January 2023 Design Guidelines Design Guidelines Page Number(s) Page Number(s) New: Review by VBDA section N/A 15 Added to clarify and provide guidance on the approval process. Edited and Relocated:Appendix A, Sections A-C 2-16 through 2-19 9, 10 Appendix A was edited for clarity and consistency with what is expected above and beyond the City of Virginia Beach's Landscape Ordinance within the Innovation Park. Appendix A was incorporated into the main document's "Landscape and Plantings" Section. Edited and Relocated:Appendix A, Section D 2-19 14 Edited for current lighting technologies and incorporated into main document text of "Exterior Building Lighting" section. Replaced:Appendix A, Section E 2-20& 2-21 10 The "Site Furniture" section of Appendix A was replaced by the "Outdoor Amenity Areas" section on page 10. The various screening requirements and planting diagrams in Appendix A were replaced with Figures 2.5 & 2.6 on page 10. 4 ....ram • CL-. .-,. ‘t.7- Z ci4 r.-_;!ifrt;.:::-.,,, t .- 74 _ CITY OF VIRGINIA BEACH :_*,2 _ INTER-OFFICE CORRESPONDENCE , °I;i:S.-"-- F=-a,. S °F OUR .0,0" In Reply Refer To Our File No. DF-10851 DATE: June 9, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Development Authority & YCH, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 20, 2023. I have reviewed the subject proffer agreement, dated February 2, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3)AND 58.1-811(C)(5) CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia AND YCH, LLC, a Virginia limited liability company, To (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICATION OF PROFFERS AGREEMENT, made this 2' day of February, 2023, by and between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia, and YCH, LLC, a Virginia limited liability company (collectively referred to herein as "Applicants", and for indexing purposes, "GRANTORS"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (referred to herein as "City", and for indexing purposes, the "GRANTEE"). WITNESSETH: WHEREAS, the Applicants own property located in the City of Virginia Beach, containing approximately 108 acres located near the intersection of Princess Anne Road and Hudome Way known as the "Innovation Park", as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, and hereinafter referred to as the "Property". Said Property being further identified and designated by the parcel identification numbers included on said Exhibit A; and WHEREAS, the Property is subject to those certain restrictions and proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No. 20170120000055640 (collectively, the "Existing Proffers"); and GPINs: 1494-17-0763-0000, 1494-45-9345-0000 & 1494-08-6398-0000 1 WHEREAS, the Applicants, as owners of the Property, desire to modify and amend the Existing Proffers to i) align the covenants, restrictions and conditions with the current City of Virginia Beach Zoning Ordinance, Landscape Guide, Public Works Standards and Specification and Building Code requirements, iii) to provide guidance on the land use, site design, building design, landscaping and signage throughout the Innovation Park; WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Applicants' use of the Property is zoned; and WHEREAS, the Applicants do hereby voluntarily proffer, in writing, in advance of and prior to the public hearing before the City, as part of the proposed Modification of Proffers, in addition to the regulations provided for by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and use of the Property; NOW, THEREFORE, the Applicants, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Applicants, their successors and assigns, grantees, and other successors in interest or title: 1. The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. 2. Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within the Innovation Park and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. 2 3. Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. 4. Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. 5. Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. 6. All loading/service, refuse, outdoor storage and staging areas must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building. Year-round screening may consist of walls and plant materials. Wall screening materials must be compatible with the primary structure. The extent of the screen wall and plantings shall be subject to VBDA approval. 7. Those uses permitted in I-1 are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. 8. The Innovation Park Design and Development Guidelines, dated January 2023, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, improvements by VBDA, site design, parking, fencing, landscape and plantings, signage, building design, building materials and palette, and exterior lighting in the Innovation Park. The above conditions, having been proffered by the Applicants and allowed and accepted by the City as part of the Modification of Proffers, shall continue in full force and effect, despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance, until a subsequent written instrument amending the proffers is approved and executed by the record owner of the Property, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the City which was advertised pursuant to the provisions of Section 15.2- 2204 of the Code of Virginia, 1950, as amended. 3 The Applicants covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Applicants shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [SIGNATURES ON FOLLOWING PAGES] 4 WITNESS the following signature and seal: \\\\���ttttll1111/,,,�//// \\\,64-\ -... CITY OF VIRGINIA BEACH DEVELOPMENT a:.o� <ry,• AUTHORITY, a political subdivision of the - :REGISTRATION N0..; = Commonwealth of Virginia 7702945 = i • • '•MY C M XPI t = •o,� G1��P.•G By: (a_ . /\--7L-- (SEAL) IR - i1/4T RY v��\ Name: 1-4S C�. �,�► (5 - �►►►►Ilt►tt > v' 1 Title: Chair/Vice-Chair Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by ,5 fit. Mu.i-p';t✓y , as Chair Vice-Chair of City of Virginia Beach Development Authority, on its behalf. NOTARY PUBLIC My Commission Expires: 2"aV2Pa`1 My Registration Number: 1 r)OO?q y$ Approved as to Content: Approved as to LegfL4fficiency: Eco is Development City Attorney 5 0011irllrrrr���� •MONw�• YCH, LLC, a Virginia limited liability company REGISTRATION NO ;MY 702945 I S: _ By: (SEAL) Name: 41-( 0� ✓�� - o •. .. • \ I��l y� '%0, RY.P IUe�\\\` Title: / e Commonwealth of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this o day of FAi-614,-/ , 20a-S , byAhikOA 1 Qt.S► l 5 k0 , as PCe_5;dttif of YCH, LLC, a Virginia limited liability company, on its behalf. 7f eLts. C:). 6 • NOTARY PUBLIC My Commission Expires: c?` 3 9 - a0a U My Registration Number:77001c'-L5 6 EXHIBIT A (PROPERTY DESCRIPTION AND GPIN LIST) GPIN: 1494-17-0763 lApprox. 92.872 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL C-1", as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCEL C PROPERTY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (KNOWN AS INNOVATION PARK) (PLAT INST. 20170718000601850) VIRGINIA BEACH, VA", dated May 28, 2020, prepared by MAS-LD, and recorded in the Clerk's Office as Instrument No. 202000097026, reference to which is made for a more particular description. Said PARCEL C-1 was formerly a part of Parcel C shown on that certain plat entitled "AMENDED RESUBDIVISION OF PROPERTY OF THE CITY OF VIRGINIA BEACH (D.B. 3475, PG. 497), (D.B. 4346, PG. 447), (D.B. 3983, PG. 1290), (D.B. 4394, PG. 1669), (D.B. 4560, PG. 83), (D.B. 3770, PG. 269)(IN. 20150819000800090)TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", dated February 7, 2017, prepared by WPL, and recorded in the Clerk's Office as Instrument No. 20170718000601850. IT BEING a portion of the property conveyed to the City of Virginia Beach Development Authority from the City of Virginia Beach, a municipal corporation of the Commonwealth of by Virginia, by deed dated February 19, 2018, and duly recorded in the Clerk's Office as Instrument No. 20180221000140360. GPIN: 1494-45-9345 (Approx. 5.826 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL 1 B" as shown on that certain plat entitled "RESUBDIVISION OF PARCEL E (I.N. 20170718000601850) AND RESIDUE OF "SITE 1" RESIDUE B (I.N. 200510180168772) PROPERTY OF THE CITY OF VIRGINIA BEACH TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", Dated December 15, 2016, prepared by WPL, and recorded in the Clerk's Office as Instrument No. 20171018000898330, reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach Development Authority from the City of Virginia Beach, a municipal corporation of the Commonwealth of by Virginia, by deed dated February 19, 2018, and duly recorded in the Clerk's Office as Instrument No. 20180221000140360. 7 EXHIBIT B (INNOVATION PARK DESIGN AND DEVELOPMENT GUIDELINES-JANUARY 2023) 8 - -.0.P4','- ._.„:.,..s...:„.., ,..„....„..,/ I N N OVAT I 0 N PAR K illi ., ' 4 ., DESIGN AND DEVELOPMENTjar, r Ill GUIDELINES • , .o " s '1 bail • f. • t _ ' ' "- _ 6,. ... iii 1 19P1 - _ ' _ •• w . .¢ < - \ C 1i l virginia JANUARY 2023 beach CONTENTS SEC. I INTRODUCTION ..-.. - ......._.._..._..._..._......_.........._....._.... - - - - - - - -_ ...._..._ 3 1.1 INNOVATION PARK 1.2 PRINCESS ANNE COMMONS 1.3 IMPROVEMENTS BY THE VBDA 1.4 PURPOSE OF THESE GUIDELINES 1.5 THE 'DESIGN VOCABULARY' OF PRINCESS ANNE COMMONS 1.6 APPLICABLE CODES SEC.2 SITE DESIGN _ _._.... 8 2.1 ACCESS AND CIRCULATION 2.2 PARKING 2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS 2.5 SIGNAGE 2.6 OUTDOOR AMENITY AREAS SEC.3 BUILDING DESIGN 3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE 3.2 FORM AND BUILDING MASSING 3.3 BUILDING FACADE 3.4 EXTERIOR MATERIALS AND PALETTE 3.5 BUILDING SCREENING 3.6 EXTERIOR BUILDING LIGHTING SEC.4 REVIEW BY THE VBDA 15 4.1 DEVELOPMENT PROCEDURES 4.2 SUBMITTAL REQUIREMENTS 4.3 BASIS OF APPROVAL 4.4 REVIEW TIME SEC. I INNOVATION PARK INTRODUCTION 1.1 INNOVATION PARK The Innovation Park was established in 2016 as a Comprehensive Plan Recommendations: magnet for high-quality, technological, innovative, advanced manufacturing businesses within A primary focus of Princess Anne Commons is to the Princess Anne Commons Special Economic provide locations for campus-like development that Growth Area (SEGA). The Park, controlled by the may not be suitable in a more urban setting. The Virginia Beach Development Authority (VBDA), is Comprehensive Plan provides the following general approximately 150 acres and is zoned as I-1 (Light recommendations for Princess Anne Commons as Industrial). they are applicable to the Innovation Park: This document provides design and development guidance for the "Innovation Park," formerly known • Strive to achieve extensive open space as the VABeachBio Research Park, that is developing connectivity throughout the Commons within North Princess Anne Commons (see FIGURES • Protect the most sensitive land 1.1 and 1.2). • Low-impact campus style development for work, education, research, and recreation The Innovation Park was originally envisioned to house medical research and office buildings; • Create guidelines for building types to ensure however, recently the City has seen a growth in appropriate quality and character other industry sectors in this area and has expanded • Provide public amenity areas for walking, the Park's focus to research, education, technology, cycling, and recreation manufacturing, finance, business, and other • High-quality roadways with landscaped edges, commercial uses while still supporting the field of multi-modal pathways, and adequate lighting scientific innovations. Such growth befitted the area to be renamed Innovation Park. 1.3 IMPROVEMENTS BY VBDA 1.2 PRINCESS ANNE COMMONS The Innovation Park offers shovel-ready sites, The Princess Anne Commons SEGA is nearly 3,000 roadway access, water, sewer and electric utilities acres (see FIGURE 1.1). It is identified in the City's within the right-of-way and stormwater treatment of Comprehensive Plan, 2017 Interfacility Traffic Area up to 60% of the impervious site coverage. Plan (ITA)and other related development regulations to protect Naval Air Station (NAS) Oceana and Naval Auxiliary Landing Field (NALF) Fentress from future developments. The ITA overlay district consists of _ r� areas within the Air Installations Compatible Use 1 Zones (AICUZ) with aircraft noise levels greater than 65 dB DNL, a level that is not preferable for _ .� .�. residential uses. " Xr Princess Anne Commons SEGA has been recognized " for its economic development opportunities in - .._..� medical, research, and recreation. The Innovation Park will further augment and diversify the City's economy by enhancing the industries in Princess Image of the existing access road:Hudome Way Anne Commons. -ri 7t7,7:-. r . u _ L-. tl r: \ xi r- ,/ .+) q a-• • •/`+ o +C � •�, t f) � ly m• _ _ r/ :::.:.N. ¢' ,�,i O O M. fi +At 'r'' % �h N; •• On cn O 73 , /oOm D CD D r-c Hn p 1D m D 7 � ".4.._-_-.-.2, :.. • ,, :..:4, (0/ 0 -- ' '' '''• ' , 4rft,4bi// . . ,. o iT 'r1 i t 1� A, �vi • D`� t ♦ \D ,144,s\\\, • \',..*,. ,,i,' ‘1kN, ,• ot!147 , , ,,,L...',A ‘ " • ,11.-') k k,.''' ‘'.,,,;' NW\%\%\.,s N I\ss,'' Nt '': �w�..1! ..l.i ‘ ,,, „.".'-vo1/4 • . _N4 .,..tk. ,,,. , .: 1 '' \ ' -' '1,- •* • • '`• '44 k.N.\. • . a ,,\\\_\\,\ \ ''•::%.---:::.... .. .\\, : \Nog it1/4 00t, _ .,".may / ' t " .......„ _ , „ ,r ,� t 'Aye, \ " °l. F Hat. N v , ,.,a-a :: • /�j ,S,k,1*. vc. ..,-, 0'* .4#t \ • \-). ' .' ... -Zr '\-^ -'-'.' ,,,,,' . t V s•'` y'4r,.,•1�� ),.\' y' , �•-* ,,, . ., '',4‘*7-4'N' \1/2., .N14,,,,.,N, •%,`6., . ... .',,,,•1 � \ V •\L\--> +y k ti� �`� i,.\r'y, , • • II!. 'r/////////////i/r//� /- ••�. `� AL o'4 \ :... *; • ' '.q r 1•Y_ -vV'\ WI y'. .n" f t\ ,(e ,�• , .r ..r"`"r ,,y F t.«L +1�y, ! V V ">`n �11;.� Q . • ks, ,' ., ..a! . %,•'_ KA ' •,,Ati . fir* e 7. i -� >. .a� \\,Q. s h ,w . ,. :,„ .. .,, / . \' .A +.A\*. • h• i�'' ' •- Q\�?', •ram �'., A I \.: 7„....„ ‘,.\ l't .;''.-1' /'S, N_„.„.....\-,- ---...- ., �.. Any♦ F ° t,�.J,. .'.+.� .L.O; �,, ,,p.. ,...,...,:,.:4. ,..,: ` I M[, V J �r i ,� 'y\ a " 4b "I r ;Ne' ?,�v_RMvn3�`� INNOVATION PARK fi--_. i .-.., 1---- -- ', * # - - tfl . -• , S F- p ± LL T < 67 ik Y .2 �. -,`i is 'i , ��- i ', • , '- lik'—'16' :1 i e_.:- zr' f e�- PAS F ..,ram ,.<_ _ . i i G i - €i f i t 411,i V'1 1 ' • t • .- s r 1 { r1.ev' N.i - ,i � .! \ i AM , /c .Y\ z _ : 1 V ..¢ ! t � 4 4 Z0 o S: Z N7AHM39tl3LMIM AY$4 e r r. ~ r W le:\ s a w . � ,,, ,.. z w t- O • -\ f*--- ?7 -,0, "t;. g 2 . i = VI ""�`= ' %/� w - > a w U. °1 d�t� ��f w FIGURE 1.2 Innovation Park Boundary Contemporary Shapes and Forms 1.4 PURPOSE OF THESE GUIDELINES The Innovation Park will support innovation in the fields of medicine, research, finance, technology, advanced manufacturing and more. To do so, it .i is critical that the physical structures supporting - ,, these uses also depict innovation by design. These n- - ,-.- '.. I ;i r.C4lgf31li t guidelines follow the Comprehensive Plan's general flt," i,' 1riz ; '`il-I,;,* ' 'ie. tin. i i:;cbail recommendations for Princess Anne Commons and :-.---- ----- _ provide guidance on site and building design for iit`" I , ' � , .i' l � , development within the Innovation Park to: • Assist property owners and developers FIGURE 1.3 Virginia Beach Parks and Recreation Administration regarding appropriate design - ,- '` • Encourage innovation and creativity .% • Harmonize and enhance the visual appeal of _ r - ' 'J �� the Innovation Park developments and the r p :.� r . �:r- general ambiance of Princess Anne Commons --' � --- 1.5 THE 'DESIGN VOCABULARY' OF 114 - - —` PRINCESS ANNE COMMONS -' - . _ tr. riff 3 : is ip : i ;1:l' �-. i it ,b4 a !: As the Innovation Park grows, its development " ,' sue: nx:. - should harmonize with the surrounding Princess FIGURE 1.4 Regional Health Professions Center,Tidewater Community Anne Commons environs. See FIGURES 1.3-1.13 for common site and building design, form, materials, '' colors and landsca e f n -a- ;p ou dat�on precedent. i -. ,,_ ________.:,‘,,,,,,,o,, t._. 1.6 APPLICABLE CODES �' - '� ' ` . At the time of this document's adoption,the majority .- ' - ; _ ig 0 of the land within the Innovation Park is owned by the _� . . , ,• kg1�4 4 511. Virginia Beach Development Authority. Development _ -,- , - >l f u of land within the Innovation Park is governed by = . 3 ., the following requirements and restrictions but not limited to: FIGURE 1.5 Sentara Princess Anne Hospital • The recorded zoning proffers of the VBDA • • `.'' - F ` The City of Virginia Beach Zoning and i f Subdivision ordinances, as amended --,- , _JiL„,. 0 , •m,Y , - edp_ k4, , . - • The City of Virginia Beach Public Works Design , *NI., �a M- ' r 11. ` Standards Manual, as amended _ IIII i, 101t6:1\-- It is the responsibility of the individual site developer _ ' , 7, �` to verify and conform to all requirements of '•Y am" = `•sue•- ■ R overnin a encies and obtain and maintain allrig - II ■ 1i t: necessary permits. _ 'r' '31 FIGURE 1.6 Children's Hospital of The King's Daughters F Building Materials and Color Palette - - E 1 s I i. � . .4 _ _, •{sue ~F 17 4 -• 1 �' . ---.Jr ..1.. z.. -- ► ram_ -- r '. _ f _ 1 . 1t �i� �f,� ' tom r' _ ..t / sir+ ,. t f `* { 4;`1 l x" r 4. ' '.- •',Iti ' 11 III..feu FIGURE 1.7 LifeNet Health FIGURE 1.8 Joint-Use Library Planting and Outdoor Spaces "*` . 4• • , .�. �._ - T fir. / - _. aaafff ,7 t.• r- 4 ,41rimill, v • 1;i , .,./ i ► s.v �. s nips-p--t 7.: ,-.4,,, --.A ` i t , i r} t_ Tea.'►.- 1 ' -- - ' --- . :iik----.. -...--- --- _ . .._; .._ . ,_ ...._ . _,,,,,„_ ,... .. ... , ... L FIGURE 1.1.0 Landstown Centre Outdoor Spa FIGURE 1.11 Landstown Commons Courtyard Water Features E - '� fr t F Y , r' 'fi r :':ii. ..•`%,-... • .„,..., ;#:“,. .- ..„ E- „ -- _- --..,0_,• • -: 1 ....,_ ;,„Avz...,..,,-.z::.-. , • 404 . _ - FIGURE 1.12 Sentara Courtyard Foun- -FIGURE 1.13 Landstown Commons Plaza SEC.2 INNOVATION PARK SITE DESIGN 2.1 ACCESS AND CIRCULATION Pathways and Crossings: Where appropriate, '- r - -1:- .-, 3 _ -.N�;c-. ✓�s �'ilk_ r� A pedestrian pathways not necessarily associated with ` ; r 'e, .- • .— the public roadways fronting the property should be provided in developments. Pedestrian pathways - t: r -yam!!' z ry should be located within a planted or natural area — — that may consist of a significant stand of trees, �' _I - ` � 10 unusual topographic conditions, natural drainage T1� �. g r �� - . , �JI . patterns, or other natural features. ' i r „• . -lit Pathways should be constructed of a durable, low- • - maintenance material such as asphalt or concrete. FIGURE 2.1 Regional Health Professions Center at Virginia Beach designed with surface parking located at the rear of the site and well Access: Clearly mark and efficiently place vehicular connected internal circulation system. and non-vehicular access to all new developments during the planning and development process. Vehicular and pedestrian access should be distinct and _ clearly separated. No vehicular access is permitted F` + •� + t directly from Princess Anne Road. Coordinate access with or provide access from the secondary street -- • I dill system or by cross-parcel easements whenever _ possible. - Circulation: There should be an internal circulation - '`ems"' •Y system that provides safe and convenient access to uses within the development site. Where compatible FIGURE 2.2 Existing multi-modal pathway in the Innovation Park. land uses adjoin one another, access from the To the greatest extent possible, parking areas should internal circulation system to surrounding properties be located in the rear of the site, well planted and should be provided. broken up into separate sub-areas to avoid the 'sea Entrances and Driveways: Entrances and driveways of asphalt' appearance. should permit safe and convenient pedestrian Access: Access between parking areas on separate crossings where they intersect sidewalks and other lots should be accomplished through use of shared- pedestrian access ways. To minimize traffic conflicts, access easements, which join the lots. Individual entrances and exits to a development should be curb cuts for each parking area onto roadways consolidated to the greatest extent possible and is discouraged. Internal circulation roads on a be located a sufficient distance away from street parcel should be designed with stubs to adjoining intersections. undeveloped parcels that will provide future shared 2.2 PARKING access. Parking areas are not permitted between the building Bicycle Parking: As required by Sec. 203(b) of the and Princess Anne Road right-or-way for properties City Code, areas for the parking of bicycles and with frontage along Princess Anne Road. motorcycles must be provided on site with ready 2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS Perimeter fencing is a crucial physical security The Innovation Park is intended to have a park-like element to certain facilities in order to funnel visitors setting with continuity of open spaces from the to designated entry points. Therefore fencing is surrounding Princess Anne Commons. Therefore, in permitted where it is necessary for security and addition to adherence to the City of Virginia Beach screening purposes only. Landscape Ordinance for plant species, parking lot and foundation landscaping, screening and tree Fencing should be limited to side and rear yards planting specification standards, the following and coupled with planting. When fencing fronts any additional requirements apply within the Innovation primary public roadways it shall be located behind Park: a continuous landscape screen or vegetated berm a minimum of three foot in height,making the plantings 1. Existing natural characteristics, such as the the most visible feature from the street or adjacent site's topography, hydrology, soils, vegetation, parcels. Fencing in front yards shall be decorative natural drainage patterns and wetlands, should be identified and conserved. Building design use only and not visually obstruct the building. Metal placement should be configured to work with fencing with neutral color is preferred. these natural site conditions. 2. Building entrances, utility transformers, loading refuse, and outdoor storage areas, parking lots, entry drives and any property frontage along > Princess Anne Road, shall be well landscaped with a combination of trees, shrubs and ground -'1 covers above and beyond what is required in the City of Virginia Beach Landscape Ordinance, ' ;� '' :<- 1 as amended. Any existing healthy, mature vegetation within the required setback from - � ...� Princess Anne Road shall be preserved and .�_ - -,- protected. FIGURE 2.3 An example of planted buffer at the Park. 3. Sod, rather than seeding is required within 50' of the front of the building; all adjoining roads shall have sod along the entire property line _'` ii= for a minimum of 30'. All other lawn areas not , :,� r#4� , i;iiiii receiving sod may be::d be covered with a 3" :� 1111 Syr. ice : ti -��p I : k . ie " layer of shredded hardwood mulch. 1 3 li 5. Street trees shall beplaced alongall roadways „] "7lIMI! Y a ' -I 1 3_ i1111111 F., , i I _ _ , I ,, !hi,t 1€«L.. :,?;;H„l within the Park at a minimum of one shade tree " Idii Is every 35' of the property line that abuts the illy; . i! , '' ' . `,.,,,,,; roadway. The spacing of all new required street ' '° 1% = : ; '�" rl�l��s, trees should tie into existing trees and maintain �-- � J _ = T� the 35 spacing on center. Existing healthy, - 3.' ,. 3 .alga=—-t mature vegetation that is preserved alongthe FIGURE 2.4 Metal perimeter fencing with neutral color is preferable. frontage of Princess Anne Road may be counted Source: Lang+Fultor; in lieu of the required street trees for Princess Anne Road at the discretion of the City of Virginia Beach Planning Department. 6. Flowering trees should be provided in front of 2.5 SIGNAGE buildings and along main entryways. 7. An irrigation system is required for all new All signage in the Innovation Park must comply with planting and sod areas up to the property line. the Sign Regulations of the City of Virginia Beach The irrigation system should be adequate to zoning ordinance, as amended. In addition, the maintain healthy plant life. following sign regulations apply: 8. Continuous evergreen screening is required 1. Plastic letters shall not be permitted for building- around any visible loading, storage, staging or mounted signs. refuse area. The minimum height of shrubs at 2. The size, location on the façade, color, material installation should be three feet with maximum and finish of the letters and/or logo shall be spacing of three feet on center. The minimum compatible with the building architecture. height of evergreen trees should be four to five 3. All conduits, raceways and transformers shall be feet in height with maximum spacing of eight concealed so that they are not visible. feet on center. A planted landscape berm may 4. In multi-tenant buildings where storefront be substituted and shall be a minimum height of entrances are used, sign information shall be three feet. limited to the company name, company logo and suite number. 9. All site utilities should be screened with evergreen 5. Maintenance of all signs is required and the shrubs with maximum spacing of three feet on responsibility of the tenant/owner. Signs shall center.The height of shrubs at installation should be kept clean and in a state of good repair at all be a minimum height of four to five feet. times. •••0006 6 6. Temporary signs are only permitted during active construction of the permanent facilityand shall AS REQUIRED BY be removed upon issuance of the Certificate of +10 UTILITY COMPANY Occupancy by the City of Virginia Beach. 1 7. All temporary signs shall be ground mounted. 8. r 41110, Only one project construction sign located on Illik site shall be permitted. -alli TRANSFORMER 9. Only one real estate sign shall be permitted per ®` 3"MULCH WITH building and shall be allowed for six months SOIL SEPARATOR maximum. EVERGREEN SHRUB MASS FIGURE 2.5 Example transformer screening plan 10. Violations and/or non-compliance with the above will allow the VBDAto remove the non-conforming CONTINUOUSEE30" T SPACED3' signs at the expense of the owner tenant. HEDGE 30"HT 3' p owner/tenant. CENTER AT INSTALLA- TION(TYP.) tie) 2.6 OUTDOOR AMENITY AREAS e. p , " SHRUB SHADE TREE(TYP.) 4g .k d MASSING(TYP.) ti 41111 Outdoor amenity areas, such as entry courtyards, fLOWfRING rEVERGREENTROF(TYP.) v �q►� GROUND. break areas, patios and pavilions, for employees' Di COVER(TYP.) flfr 4ao,, and visitors to the businesses within the Park are 1 VV, r. highly encouraged. When provided, the outdoor k'l./ 4/ 1100--. AW i o0, � � amenityarea must be well lit, connected to the Park POTENTIAL MONUMENT SIGN circulation system, well maintained and provide ANNUAL/PERENNIAL PLANTING BED shade and low-maintenance durable site furniture FIGURE 2.6 Example entry drive planting plan designed for outdoor use. Note:The landscape architect shall respond to all visibility triangle requirements for intersections. SEC.3 INNOVATION PARK BUILDING DESIGN The relationship of buildings to the public and private spaces is critical to the overall success of _ - the Innovation Park's site development. A building's =`n " -. architectural elements provide an environment that f lit!____,,_ ensures quality and a sense of place. - Fit I M Building placement, massing, and appearance (. t II !�1 i1 • • i►E Pp � � � define this relationship. Each building's architectural '� "�t style, form, architectural details, exterior materials, , DR � II I '1 �" textures, and color work together to provide an k---- - - FIGURE 3.1 Illuminated glass facade strategically creates a unique focal environment that ensures quality and a sense of feature to a building's facade.Image: Regional Health Professions Center, place. Tidewater Community College;Source:EYP Architecture+Engineering 3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE1114140.--4 1:"Ilt The following provides general guidelines about �—�— �_ _� ' the placement and design of buildings on a site .._ ` I I ; E for corporate, research, medical facilities, light -,:_ t- ..•,= -` 4 ,=;, industrial, office, advanced manufacturing and _ :'' ' i k`*s �! .®; - _' academic facilities. Construction of such facilities -�-= - ____ are governed by the City of Virginia Beach Zoning " - Ordinance and the Virginia Statewide Building Code, FIGURE 3.2 Building facade shall include a well integrated,defined focal entry. Image:Franklin Square Hospital Center latest amended edition. • Building designs shall express a unified theme -,..: by means of architectural style, materiality, colors, form and scale. .Y • Building placement and architectural style "` f shall be a development of one-story or multi- ' ;..; , li �� P y u t� ' _ ,, 1, - story buildings (dependent on use), set in ., 'ill I ` a landscaped environment, maintaining an I P aesthetic continuity. ,, _ __mot`„- .. � i :li!1 ��i !. • Building design's individuality and creativity 4 ' ill . `a - ` shall be expressed and integrated into the ___. _ design context of the surrounding area. FIGURE 3.3 Varying building massing is encouraged to break-up large building footprints;Source:,.ai Valley Contractors inc • All building designs will be subject to the approval of the City (through the Proffers of the Conditional Zoning Agreement) and the VBDA. 11 3.2 FORM AND BUILDING MASSING levels of architectural articulation such as cornices, Massing influences the sense of space which the expression of structural or architectural bays, building encloses, and helps define both the interior recessed windows or doors, material or material space and the exterior shape of the building. module changes, color and/or texture differences, or Employing horizontal and vertical elements can strongly expressed mullions. Continuity of design is help organize building massing forms. Breaking the encouraged on the side and rear faces. footprint of a large buildings into smaller parts and 3.4 EXTERIOR MATERIALS AND PALETTE varying a building's height is required along the Exterior building materials shall be of high quality, façades with views from public roadways. durable, aesthetically pleasing and sustainable. 3.3 BUILDING FACADE Permitted materials include, but are not limited to, Building façade plays an integral role in providing brick, stone, concrete masonry, glass, and metal a unifying element along the streetscape and panels. Combination of compatible materials is continuity. The front face(s) and façades with views preferred. from public roadways shall incorporate higher ,, ,_ _.;4 . ._..r A. 't,. .,„,at'; ,, , :n __ 1,, ...,„ _,., . ..„::- -..---1 ,i; ..,: -,,,...4, -,, - — — . ___ __ ,s. ,,,,..--.,.. - - .- ,-,-,--- AL - : ‘,., ricer 11 ., , •. / Ilium ,. , tiiiimligmrMIIIIIIIC_ .. ,_....... cL,• ' I - P FIGURE 3.4 Facility with vertical/horizontal facade articulation FIGURE 3.6 Offsets and cantilevered elements can create a unique and unifying material,such as glazing.Image:Motorola Campus in building facade and focal feature.Image:Entertainment and Sports Libertyville,Illinois;Source:Blue Water Builders Arena,Washington,DC;Source:Events L,. .. , - -,...,,__. li - ..-iiiiiiiiiims. ;..,, 1,,,L. .0 14AYTH11,1 i ---.17-7-;:- r /I _ I L 'r'�9' f 5... II zt --.,.. , _ I r ;-. - , i 1 .iit.,._. ;_-__...„,. . 11-4 _ .„.--,-,... ._ .. :1--,__ .. ...<- _... - n - - r - 1 FIGURE 3.5 Exterior building materials shall vary by unifying colors FIGURE 3.7 Use of color is encouraged to enhance focal points and serve and materiality.Image:Tacoma Recovery and Transfer Center(LEED® as an accents to the structure.Image:Haydon Building Corporation Gold Certified);Source:Architect Magazine Headquarters,Phoenix,Arizona;Source:Haydon Building Corp. 12 /-.- However, use of one type of materiality is also ,7, . acceptable, provided that layering of varying colors % r' ; or sha es or similar techni ues thereof are em loed /` ` p q P Y _ along the building face(s) adjacent to primary right- / t ; -3,.. ,, T of-ways to maintain an articulated facade and avoid { a monolithic appearance. Bare or painted concrete i�,fYiso ,,.. l ?j as the only exterior facade material is strongly - - discouraged. Exterior insulated finishes (ElFs) should i £' t`. . d ,=: not be used below the first-floor elevation except FIGURE 3.10 Subtle use of color and proper integration with natural colored building materials.Image:Regional Health Professions Center,Tidewater When used as soffits. Community College;Source:Greenmun Engineering An identifiable break should be provided between a building's ground or second floor and the upper 3.5 BUILDING SCREENING floors. These breaks may consist of material or A side or rear fence or wall system may be used to fenestration changes or similar means. Employing screen dumpsters, loading areas, storage, staging or such design contributes to a better articulated mechanical or similar equipment from view from the building facade. public right-of-way of any street more than twenty Colors, materials, finishes, and architectural features (20) feet in width. Such screening shall be made of shall be coordinated in a consistent manner on all the same or compatible material and color of the elevations and complement one another. Bright principal structure. colors shall be used as building accents only to Mechanical Equipment: Ground level mechanical provide visual interest. equipment that cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design, ' „y -'�' ; . ,� " materials, and colors of such screening should be s . complementary with the main building. T f7 i-• i 5 "A� -= Rooftop mechanical equipment (including elevator fl _ -a—i - -c4 - . rooms)should be screened so as to not be visible from } -��. A...r� ' C ; r � f the ground level or areas adjacent to the building. _ z. t®�,__- 4 Horizontal (flat) roof forms should be screened by _ extensions of the building wall planes (parapet). FIGURE 3.8 Proper integration of masonry and glass ` ■ : _, ,L i r m I � __ w r 1 .. 4 v y .. aria- i Y FIGURE 3.9 Use of metal panels for light industrial use facilities is FIGURE 3.11 Ground level mechanical equipment must be screened acceptable. Layering of the same material or with other compatible from public view.Source:industrial Louvers,Inc._ materials is preferred.Image:Tacoma Recovery and Transfer Center (LEED®Gold Certified) Outdoor Storage, Staging and Services Areas Outdoor site lighting must primarily be used to provide safety, accentuate architectural elements, Loading/service, outdoor storage and staging and emphasize landscape features. Light fixtures areas are permitted in the Park but must be fully must be designed as an integral design element concealed from public right-of-way view and located complimenting the project design by color and style. at the rear of the building to the greatest extent Site and building lighting shall meet the following possible. Year-round screening may consist of walls conditions: and plant materials. Wall screening materials must be compatible with the primary structure. Access to • Accent lighting of buildings and signage is these areas should be minimized and arranged so required. that maneuvering is avoided on public streets. • Low bollard fixtures or landscape lighting is 3.6 EXTERIOR BUILDING LIGHTING recommended for walkways and building entries. Each project should develop a system or family of • Lighting in parking lots, walkways, signage and lighting with layers that contribute to the night- on all buildings shall be LED. Lights spillage time experience, including facade uplighting, sign onto adjacent properties and the right-of-way and display window illumination, landscape, parking shall be minimized. area, security, and pedestrian lighting. • All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. -� ,: • All lighting fixtures must be shielded and ` =r- "- . directed downward to minimize the amount � " '� of light spill into the night sky. Designs to meet y �' -` R . ` `�" Dark Sky compliance are encouraged. 70Pee-Yr. t!'-rtt.tea,- .I fir y,, 1;l;, ', 11;;11 t r „ 1; fi . • Integrate security lighting into the architectural ` -41 and landscape lighting system. Security lighting � , I: i ( is �`:: should not be distinguishable from the project's .,,.,,.., ,�. .... . n..►�..:•_.� .�e.. ...� overall lighting system. Building-mounted Stall[L 6■a.s:E S.6:t s.& t l.-- 4 r" R 4.11r,V.. ; flood lights will not be permitted, except in FIGURE 3.12 If visible from public view,rooftop mechanical equip- ment should be screened.Source:ADCO Roofing and Waterproofing completely internalized service courts. ' ,I � Sr , � I I 1 a I do �1/[ ►""" •- ..-. _.., ,,t_A! r V-1,4V, t ' ' ' .- c.,. _=WV Pilair~.„,==Fauti_a m ,` ,rya _ =__ , _ . T 1z..".tides i L !(t• �9 ha91.P`fL}il-Y'T s - `' ',^."'� .,.L'1. � 4...1_: FIGURE 3.13 Dumpster areas must be enclosed from public views. FIGURE 3.14 Example of lighting fixtures at Tidewater Community College Virginia Beach Student Center Si t.4 INNOVATION PARK VI EW BY THE VBDA The Innovation Park is governed by the recorded • Anticipated stormwater management practices zoning proffers of the VBDA. Each potential buyer and • Location of loading, utility and service areas site developer shall be responsible for verification • Elevations in color with materials described of all code requirements at the time purchase and • development. This section details the review and Landscape and planting areas approval process of the VBDA. The requirements If plan submittals are not sufficient, complete, or contained in these guidelines do not supersede are otherwise inadequate, the VBDA shall reject the a separate and independent review and approval submittal until requirements are met. Any revisions, process that will be required from the Department additions or alterations to any portion of the approved of Planning and Community Development. plans shall be subject to review and approval. 4.1 DEVELOPMENT PROCEDURES 4.3 BASIS OF VBDA APPROVAL Prior to the commencement of project design, the Review of plans shall be performed by VBDA's project owner and the design professionals are Department of Economic Development arm and/ required to review the Design Guidelines. They or VBDA's architectural, engineering and landscape shall be publicly available on the VBDA website and consultants, who herein afterward shall be referred provided upon request from a VBDA representative. to as "the Staff". Priorto the commencement of any site improvements Approval of plans must be given by the Staff prior such as construction or building modifications,paving, to commencement of any construction. Approval drainage or any other permanent improvements, of any design will be good for a one (1) year period. the owner, lessee, or occupant of any site within After which time, if construction has not started the the Innovation Park shall first submit plans of the developer may be required to resubmit. improvements for VBDA's review and approval. Variations to the Design Guidelines not encompassed 4.2 SUBMITTAL REQUIREMENTS by the proffers of the affected property may be considered upon receiving a written recommendation The VBDA requires one complete digital set of plans from the VBDA as to whether the plans submitted be submitted at: should be approved or rejected. Final determination 1. The concept stage before permits for the work to deviate from the Design Guidelines shall rest are sought or a site plan is submitted. solely with the Director of Planning and Community 2. The final approval stage prior to final site plan Development. approval or building permit approval. 3. As-built drawings once the construction is 4.4 REVIEW TIME complete for VBDA records. The VBDA staff shall receive proposals for review All submittals shall include: a minimum of fourteen (14) days prior to the third Tuesday of each month. The review comments shall • Property lines be available from the VBDA staff within two weeks of • The building location and overall dimensions the third Tuesday. • Site circulation and parking Virginia Beach Planning Commission March 8, 2023, Public Meeting Agenda Item # 2 City of Virginia Beach Development Authority (Applicant) City of Virginia Beach Development Authority & YCH, LLC (Property Owners) Modification of Proffers Address: Parcels between2009 Hudome Way to Tournament Drive & parcel on the southeast corner of Princess Anne Road & Tournament Drive RECOMMENDED FOR APPROVAL— HEARD Mr. Alcaraz: All right. So now we'll move on to the next, the regular agenda, which we have one item, it's not, there's no opposition, but just for clarity, we want to go ahead and hear it just so that the public can hear exactly what the Virginia Beach Development Authority is offering. Thank you. Madam Clerk: Thank you Mr. Chairman. Our final agenda item is agenda item number two, City of Virginia Beach Development Authority. It's an application for a Modification of Proffers on parcels located between 2009 Hudome Way to Tournament Drive, and a parcel on the Southeast corner of Princess Anne Road and Tournament Drive located in council District two. Ms. Archer: Good afternoon. Thank you, Commissioner, members of the Commission; I'm Emily Archer with Economic Development, a project coordinator with the office, representing the Virginia Beach Development Authority for this application. I have a few slides if you allow me to go through them to help explain that. This is located off of Hudome way in Princess Anne Road in District two. Existing conditions, it's mostly open farm field at the moment. We are requesting the Modification of Proffers really to update the design guidelines for the business park. Everything in yellow that you see is owned by the Virginia Beach Development Authority and will be applied to this updated proffers and design guidelines. In January, there are two other owners within the Innovation Park, YCH, LLC and Acoustical Sheet Metal, and they were both notified in January and asked if they would like to be party to this application. YCH, LLC in red up on the screen, asked to be a co- applicant. I don't see them here but, so everything except what is shown in orange will fall under these new proffers that we're requesting. And the orange will remain under the old 2016 proffers. A little bit about the Innovation Park, it's 150 acre Business Park that was conveyed to the Virginia Beach Development Authority in 2016 by Council. It currently is governed by existing proffers and guidelines that were adopted in 2016. It is also highlighted for vision in the ITA, Interfacility Traffic Area plan in 2017. You can see that, the vision was to incorporate regional trail network that the wooded area be preserved, which is mostly wetlands that the development be consistent with the design guidelines adopted at that time and that the stormwater best management practices be employed. Many of those still remain but what has changed is that the park was initially envisioned to house biomedical office buildings, and we found that that biomedical ecosystem of Virginia Beach really needed to boost first. We have since opened a bio-accelerator at Bendix Road for small incubator kind of businesses to help build up that ecosystem within Virginia Beach that will hopefully lead to more larger developments that could still go within the Innovation Park. And then also within that time, the market has really shifted to more industrial sectors growing within our economy, while the focus still remains technology and manufacturing supporting the field of scientific innovations. The density of the park has also changed based on the updated stormwater regulations for the city requiring larger BMPs and more of them to accommodate the development that was envisioned there. So why this is really needed is to keep up with market future and current marking conditions within the city. As mentioned, the existing design guidelines really built, designed for that medical office user and we're finding as more industrial users come in, it's the, the guidelines isn't in the document as needed to address those type of larger format industrial buildings to still achieve the static qualities as the park was always envisioned to achieve the higher level of statics within the park. So update to the guidelines to help permit those types of buildings to come in, and provide developers and staff guidance on how to get there with every applicant. The guidelines are broken into overall changes highlighted here, but also a building section and a site plan section are briefly covered the changes in those sections. The change of the cover on the name from Virginia Beach Bio Park to the Innovation Park of course, the whole document has been reformatted with updated photos of Princess Anne Commons in context of the park and it's very user friendly and easier to kind of find the information you need, as well as there's another end section that talks all about the approval process with VBDA for guidance on what steps the applicant will be asked to follow. In the site design section, there's been a lot of editing of the landscape and planting requirements. There's an existing typewritten section under the existing appendix guidelines that have been incorporated into the text and edited for clarity and redundancy with our zoning landscape ordinance. There are still requirements for landscape and planting as well above and beyond the landscape ordinance such as enhanced entry drives as you see on the screen, irrigation around all planting beds and sod rather than seed for grass area. There's a new fencing section that talks about if fencing is required for security. It should only be in the rear side of the property and coupled with planting and decorative and sustainable in nature. Outdoor amenity spaces are encouraged in the new document and there's a new signage section that dresses, signage requirements again above and beyond what's in the signage ordinance for the city. In the building design category as mentioning there's more examples and guidance for advanced manufacturing and light industrial facilities, including a wider material pallet. More guidance provided for outdoor staging and storage, provided that if they're, if they are employing those uses that they're in the rear of the property and screened you around with walls and landscape material, there's an existing parking structure section in the existing design guidelines that we felt the park would never really achieve that level of density to require parking structure and that has been removed. And then, can see a bit about our schedule. Signs are posted around the park. It's been to be the Development Authority as well as the ITA Committee last week here today and hopefully City Council in April. Thank you. Mr. Alcaraz: Thank you, Ms. Archer for doing that, thank you. Is there any questions for Ms Archer? Okay, go ahead. Mr. Horsley: I don't, I don't really have any questions. I just got a couple of comments that, you know, after seeing and hearing your presentation this morning and understanding what we had established years ago is the Biomedical Park isn't, coming to fruition and we've going to try to do some type of industrial there, I think that's probably a wise decision and the main thing that we want to concur with, and I think we do, is that it has to be done in a very tasteful manner because this is on the gateway to coming into the city hall and we wanna make sure it's done in a very tasteful and lovely manner that people would, they come and visit our city so, and I think according to the information you provide us this morning, it seems like that's headed in that direction. So I have no problem with changing to Innovation Park. I don't think that's a, I think, I think that's probably a very good move, so I would support the application. Mr. Alcaraz: Alright, thank you Mr. Horsley. Is there any other comments or questions? None, like to entertain a motion. Mr. Horsley: Having said what I did before, I'll make a motion that we'll approve the application. Mr. Plumlee: I'll second. Mr. Alcaraz: Second by, Mr. Plumlee, thank you. Madam Clerk: The vote is open. Madam Clerk: Mr. Clemons can I get your verbal vote? Aye or nay? Mr. Clemons: Aye. Madam Clerk: Thank you. By recorded vote of seven in favor, zero against agenda item number two has been recommended for approval. AYE 7 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Clemons AYE Coston AYE Cuellar AYE Horsley AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within the Innovation Park and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 5: Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when located in the rear yards, shall be removed immediately upon completion of the permanent facility. Proffer 6: All loading/service, refuse, outdoor storage and staging areas must be concealed from public right-of-way view to the greatest extent possible and located at the rear of the building. Year- round screening may consist of walls and plant materials. Wall screening materials must be compatible with the primary structure. The extent of the screen wall and plantings shall be subject to VBDA approval. Proffer 7: Those uses permitted in I-1 are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 8: The Innovation Park Design and Development Guidelines, dated January 2023, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions and requirements related to design requirements, improvements by VBDA, site design, parking, fencing, landscape and plantings, signage, building design, building materials and palette, and exterior lighting in the Innovation Park. 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. 2016 PROFFERS THAT REMAIN IN EFFECT FOR THE REMAINDER OF THE PARK Proffer 1: The following, which are listed in Section 1001(a) of the Zoning Ordinance as principal and conditional uses in the I-1 Light Industrial District, shall be the only uses permitted on the Property. Any principal or conditional use listed in Section 1001(a), but not listed below, shall not be permitted on the Property: a. Building-mounted antennas, as specified in Section 1001(a); b. Business, medical, financial, nonprofit, professional and similar office buildings; c. Communication towers, as specified in Section 1001(a); d. Fiber-optics transmission facilities; e. Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk; f. Printing, lithographic or publishing establishments; g. Public buildings and grounds; h. Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; i. Public utilities installations and substations including offices, as specified in Section 1001(a); j. Public utility transformer stations and major transmission lines and towers (fifty thousand (50,000) volts or more); k. Radio or television transmission and relay stations; I. Small wireless facilities, as specified in Section 1001(a); m. Vocational, technical, industrial and trade schools; n. Wholesaling, warehousing, storage or distribution establishments; and o. Wind energy conversion systems, as specified in Section 1001(a). Proffer 2: Accessory structures and uses shall be permitted as set forth in Section 1001(b) of the Zoning Ordinance. Proffer 3: The architectural style, exterior building materials, and site design shall be substantially in accordance with the "Design and Development Guidelines — Princess Anne Commons Biomedical Park." d ' .S, . - , ') A , 4. 74,7 ,:i 4„. 41 ,,.;-,„ -% , Illik DESIGN 1 x t I. ' i - ...- ..„,_ , —... - .... . i ,,, i ,, • f....,i t - -% -� � . , AND ,:,...„ ,.., i . :... 3 uN• r DEVELOPMENT '""IIsI,UIIt/e11ee11tlttiilliehiliMelltiliirirlii .____ .- PRI 1 OHS -tig„ - ANN-E -0 GUIDELINES .........._, ___-_-.1__—i -i— T ,_, : PRINCESS F o ._,...„_. „..., : %.74:i1 ANNE ja COMMONS BIOMEDICAL _ - ' P . . i .. _ , ..., 1 iil ,,,.. , iim llit PARK -. ; __ ' _ t- lam2-' f' �„�.,,,, ,,...�---� ; November 2016 11115011 Ili, 1 ll !ni It ._..4. -1-- f --.I ---- -- Virginia Beach Page Intentionally Blank (for double-side printing purposes) Princess Anne Commons Design Guidelines and Development Standards CONTENTS Page Introduction 1-1 Site Planning 2-1 Building Design 2-8 Appendix A 2-16 Page Intentionally Blank (for double-side printing purposes) Intro . uction 1 The area now known as Princess Anne Commons has grown from an area of approximately 1,100 acres in 1995 to what is now nearly 3,000 acres (please see map on the following page). Much of the increase in the size of the area came after December 2005,when the Comprehensive Plan,Zoning Ordinance,and related development ordinances were amended to protect the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress from development.An Interfacility Traffic Area Overlay District was adopted, consisting of areas having an AICUZ greater than 65 dB DNL. Due to the incompatibility of residential uses in the higher AICUZ of the ITA, one of the principal effects of this new designation was to reduce the residential density to what could be achieved by right with Agricultural zoning (one unit per 15 acres).A second,and what has proven to be a more significant effect was an increase in the area owned by the City of Virginia Beach,as the City and U.S. Navy began a program of purchasing property voluntarily offered to the City by private property owners. �!1 ` '1Princess Anne Commons now offers the prospect to + ,,_ : .- _' 4ripg ex and on the original goals established for it,providing `� entertainment, �t ^�� � -� ����,� fi unique education,medical, recreation, tip. .._: HospRAL . *t habitat preservation,and quality economic rptim Am . -M{ development opportunities.Additionally,the PA ATHLETIC CtMPlfX I. :: Comprehensive Plan designates this area as Special FIELD ' = Economic Growth Area 4-Princess Anne Commons, spoarzx ` `= recognizing the land development constraints and - economic development opportunities associated with Inet " this area's location within a military aircraft overfly zone.A primary focus of this area will be to provide $ locations for campus-like development that may not be suitable in a more urban setting.While recognizing that some land use adjustments are appropriate to accomplish strategic public outcomes,the Comprehensive Plan provides the following general recommendations for Princess Anne Commons (SEGA 4),unless otherwise specified by these Guidelines: • Strive to achieve extensive open space connectivity throughout the Commons. • Protection of most sensitive land. • Mixed-use town center style development in the Municipal Center and Historic/Cultural District,including residential uses in AICUZ under 65 dB DNL. • Low-impact campus style development for work, education, research, and recreation. • Guidelines for building types to ensure appropriate quality and character. • Public amenity areas for walking, cycling,and recreation. • High-quality parkway-level roadways with landscaped edges,pathways, and low- level lighting with good lighting coverage. Page 1-1/Introduction Design and Development Guide/Biomedical Park November 2016 IIIiroduction • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center. :è ., 1 .L,.__ c Princess Anne Commons .' ��� sr f,? �f�� , ..1 Princess Anne Commons Areas e'C it;\ 4IP t" k ` ♦l- . '(" a',6,, 0 Historic Princess Anne Center ` = • '• _ • ;oR° 0 Interfacility Traffic Area(ITA) a ' * f , f 'to •• ���\ e AICUZ Noise Zones r�q . .f .\ \.- t , ,,,,--zl 0 ' ;•' • N - — - Proposed Southeastern Parkway �C ' `% City Property tg , _ ...: Water ,>u - ? 9 a• i �`xxi ' #r lit..'. - _ r i.-- — -- o _ 4• r ' 4•✓' 11 {' 'Po- \•: :, % ii / f .�� c� North Princess' ;i.' t `! '4.1+ �',�y�/1� ,..�,, r ,1 Am NE v CF ld.•. ty two P►{wY aN X• t4 '�-- Anne Commons,; t r 4 ��. i I i% �,P `-- 4 Nk Lt. --.1k ,,,..iiiitc,c1'._..:73,.. ----- \ - -er Central Princess ft Anne Commons . �` i �1 ,' �\-- • l • p , y i ; a yr • r R r l • • RRO . South Princess r 'IV Anne Commons . ' o f ` # S a.. 1♦ 1: x: . . ♦♦ I ♦ i , le.yt h - U ♦ �.iihriit e City of Chesapeake ♦ '. `'`"'' . .�, `• i { 1 RIVER RD ♦ rr. ♦ /' 0 0.5 1 2 Miles The Design and Development Guidelines that follow are based on these recommendations and are intended to be used during the site and building design of the various projects that will be part of this important and unique place within the city. Specifically,the purposes of the Guidelines are as follows: a. Assist property owners and developers regarding appropriate site, building, and sign design; Page 1-2/Introduction Design and Development Guide/Biomedical Park November 2016 Introduct on 1 b. Encourage innovation and creativity in the design and use of sites and buildings; and c. Enhance the visual appeal,and thus the general ambience of the Commons. Eventually,there will be several sets of Guidelines for the different types of development and activities that are envisioned for Princess Anne Commons.This document,however, provides design and development guidance for the "VABeachBio Research Park"that will develop within Princess Anne Commons Biomedical Park.This 'BioPark'will develop parallel to the southern side of Princess Anne Road,stretching from Landstown Centre Way at the west to Tournament Drive at the east.The graphic below shows the location of the BioPark in relationship to existing and proposed development in North Princess Anne Commons. i „._ - -- - 4,...-,.. issioG Ai. (Fieidhouse Sportsplex) s t = d G _ (VBPB- C �f_,'r 'i Stadium) ,o t i 'd .,4 C (Princess Anne t" x:-s., F Corporate,BioMed Park tiC r,,' N 4'B i Y ya Z r As. .t (Princess Anne , f��t t - _ ��� }+ Athletic Complex) ,L. "' BP -Tournament . Fields) dr , x rt� i V 1 r rt' (Virginia Beach National Golf Course) t v.. Al PI NORTH NORTH PRINCESS ANNE COMMONS Q+«''4 comma uty Existing and Proposed Development ,to (as of June 2016) .ODD A `Design Vocabulary' for Princess Anne Commons The past 20 years of development since the inception of the Commons has resulted in a commonality of design style,materials,shapes,colors,and landscape that forms the foundation of what is presented on the following pages.These common design elements are the'design vocabulary'for Princess Anne Commons,and are depicted in the photos below. Page 1-3/Introduction Design and Development Guide/Biomedical Park November 2016 roduction Ei n Contemporary Shapes & Forms 9)X‘I '1 ' , , IA, orpil.,,_ semis . _ . .• .. .. _ ..„ _ __ _ ,--. . ..„...,..:..........,.....impart-----, _, . ___-_ ccaciami _ a - . _ ...........1-1,-- --4: 2.--.„-., Page 1-4/Introduction Design and Development Guide/Biomedical Park November 2016 Introduct on 1 s Glass & Metal Y Materials yr- - I 4- ,:: ,- ---ii 4 , ,,. i.,-,T.,„.4_,,,, , , ;,. , . a I i„diJ ' ,..„ , , , 4;„ . 4 • - -_ a • it "°irk.. { fil sr i Plant Materials s. I.74.—e .. , i . *ilk _:,„,,,„ ...„A Page 1-5/Introduction Design and Development Guide/Biomedical Park November 2016 production The Color Blue + _ -=._ ."›...* 1711.1 r '' r t , , , _••: `'`•••,"-•\ it a'• • ♦ .; % �. E Water -44%-iiim F. 1• it 4 Page 1-6/Introduction Design and Development Guide/Biomedical Park November 2016 2 SITE PLANNING General Guidelines - Landscaping Princess Anne Commons is first,and most importantly,a park-thus,the name 'Commons.'The buildings,uses,and all physical changes should have a strong emphasis on the landscaped environment.This emphasis will provide an overall visual continuity throughout the Commons and will serve as a backdrop for the development of each individual site. During the individual site development stage,the landscape architect and site designer should give careful consideration and analysis to respond to surrounding site components such as site context, open space,landmarks,views and vistas,streetscapes,and the protection of existing vegetation. During the design process, - s. �,�� begin by identifying existing '= 1111 4.: natural characteristics of the site that should be conserved. Natural site �� _ features and landform should be considered in the early stages of development :ter ..e:. -. design prior to building - placement. Natural site amenities may consist of a #:> significant stand of trees, unusual topographic A variety of tree species are located within Princess Anne Commons due to the site's previous use as a tree nursery conditions,natural drainage patterns,and similar natural features,and should be preserved to the greatest degree possible. Natural characteristics create a sense of place on undeveloped sites that can be expanded upon during the development process. Specific Standards Please see Appendix A-Section 1 for specific requirements related to landscape plantings, irrigation,site lighting,and site furniture. Access and Circulation all Curb cuts and driveways should be kept to a minimum, especially on internal, pedestrian-oriented streets. Page 2-1/Site Planning Design and Development Guide/Biomedical Park November 2016 1111 Clearly mark and efficiently place -a—i-._- -.,; : .- -`_- : - - .: vehicular and non-vehicular ' ' :-� Aiw . -..- ,;V.f access to all new developments -. •, .-a.- during the planning and __ .�" development process.Vehicular _ lk ... and pedestrian access should be _ , _ �` . 3 — • distinct and clearly separated. `'` 7 likki. ..�: - The Operation Smile campus demonstrates good use of the separation of vehicular and pedestrian access to the site III As depicted on this plan,there should be an internal circulation system that provides safe and convenient access to uses within the development site. y / 11,___'0,'4A---,--:'T1,s — /1 ' ..' k ti Coordinate access r t,% V.,-- Ve a.:. To minimize traffic with or provide conflicts,entrances and \"� i exits to a development from the secondary � ..... "*"°_.-a s should be consolidated to street system or by "'"""1 �,.:+ r- Ar•- +�;�► the greatest extent cross-parcel i. .�:--_- ._-_�:�; 1*'� �,; ' t ► possible and located a easementsleer_ :�•` . � L, i ,`t f. , , / 4t, sufficient distance away whenever possible. r :` -� , .. .a` 4 `� i '�� f r from street intersections. A ' \ i" gg< ( /"f„ awn.,..cv A \ ;,10k\• , V,ZZ:1 v f 4 *c4.k..41,,; ; "=--------\ { 'F ' IW./ fr7 "°. N /411, • '. / ird.,—:--_,‘ tit _l'''%.6V. At; N,,/ N, / / f*It ; T ,1 // r ;--, ) V -\,,,, \ / ,/4-: Where compatible land uses `-.-, ..,.: r r cam,.•-«„r \ - . .n Vrrge,Beach adjoin one another,access from l . \\. Prolessfonal Baseball the internal circulation system : -i,,r\, \ / to surrounding properties . �� Da should be provided. :• 7/14a . s (Plan prepared by[7iB and Da for Virginia Beach Professional Baseball©2014) Page 2-2/Site Planning Design and Development Guide/Biomedical Park November 2016 III s • .y �`` A 4 Entrances and .1 �, =Y ` : .. u t7 ,:; , driveways should : .4 C - ,'z � .� � i; ,ii.., �, �..�� Y� �Y . permit safe and r '4 -'1 convenient pedestrian i�- - - .— `' T ' ► 'P crossing where they f Ai a' '} 'Y intersect sidewalk and — - - other pedestrian access : - ways. A change in paving material to make the driver aware of the crossing is encouraged. III Where appropriate,pedestrian pathways . .. . not necessarily associated with the public E: - . 11. ...c,• roadways fronting the property should x'�- be provided in developments. A , `_3T s' Pedestrian pathways should be located ft. _. within a landscaped or natural area that may consist of a significant stand of trees, ; � - . unusual topographic conditions,natural drainage patterns or other natural features. ::, Pathways should be constructed of a Existing pedestrian pathway in Princess Anne durable,low maintenance material such Commons as asphalt or some surface material that is semi-permeable in nature. r 4 # - okalimmistsimmmitimilmi Page 2-3/Site Planning Design and Development Guide/Biomedical Park November 2016 Parking Areas UTo the greatest extent possible, parking areas should be located toward the rear of the site while buildings should be generally oriented to the front of the site adjacent to the principal roadway access. Additionally,the parking area should be broken up into separate sub-areas to avoid the'sea of asphalt'appearance. �‘ -, - _. IA Example of buildings \ .' VI Loidstown Comtlnons t! . / t at front of site w `'Shopping Center t ' a with parking located Pedestrian pathway at rear of site. 1t unaing Prince.AM* • ' �� `. Road pathway Mitt internal shopping center `, patlestrMalh grthAaOod �' 5 I' .: ' ',... s% 't. "w*,,, ',' .•. ' , ,*., / 1 14 , 'so.,.* '.‘,.;'':IN \...,..,7*' .. .4 . 4 . .. • , , N. a o. iV 4,6 • ,r,Q` ,•;.x ,�� o, �<,,. ��� G.°4y • a Ns., 4,4'"; ii.;-4-'-^ ' \-- ULandscaping for the Ft., •• : -parkingarea should beh ,,,... strategically located to ,..` : , . ' ``, # _, f provide visual relief, �1'' if s ;, �,r shading of the lot,green ' a.f areas,and screening • 1,7 " fi;;- .t; while insuring that ink.._� ' � lines-of-sight are • r �. ..� %E. 1 II ►,i • maintained,both at the -a' '� � . �� " time of planting and -�®�` -- when the plants have • matured. IIIIIIII Page 2-4/Site Planning Design and Development Guide/Biomedical Park November 2016 1111 Access between parking areas on separate lots should be accomplished through use of shared-access easements,which join the lots. Individual curb cuts for each parking area onto roadways is discouraged. Internal circulation roads on a parcel should be designed with stubs to adjoining undeveloped parcels that will provide future shared access. k > , , V :,..ilik , ., s .4:40,• / ..;.-3t.* -,, u r* 3%ep°',. ',......\\N. t ..or r . — ''•ram'. ' '� .--• • •iii .- i , _ .e, „ N. ---- - _.. • ,-,_, .., „ •.......: • ... . .., 4. **,s4,. --,•_. , - - -- - ,..- ,-- - .' . • , N.. ''':2.00- ;' ' - , 1 4trf "..,..:14.1ek;44., .� 4 a> .4 .' - ,.-": ••,.. J.-N. b'-",.' ' ,„_ . ' :i ' / tn.* '. / ,. r�'4\k:: s : af .� !•° F 1 ems . . 4.1111114"114$11.4 .. -,, , , .. k .1. ....... : ,..,.. , f so, ,.,.....,_, ,..., . ...,,, . , ii, - t et 10 , ito-4 - s ed4rtr .,:,* 4,''„::,,,'Ip I 4 . ' vp4(pie-- .. _. >„....,14 ,--, , ..,,,, „;,..:„...,, , - •, ,-;,_, ,_-..t‹.-..:.... - _ __ . i , . ie. , , 4,,cizi,,c. It,. = , ...4 e = •••,::, „.4.-::‘,..71 ..t . :.* AO .• I R. Area with several projects that demonstrate the use of good internal access to parking lots with limited access points to arterial roadways Page 2-5/Site Planning Design and Development Guide/Biomedical Park November 2016 ENAs required by the City Zoning Ordinance (§ 203),areas for the parking of bicycles and motorcycles must be provided on site with ready access to the pedestrian/bicycle pathway system. . „ r i v . , 14 : If -, . ,— —; - i�y s . 434iiiii . �y _ . ]- ... �[q : a •� - .- '."mot{-. . '9i,.i ',-4 3 - •.. •-rr4i".7 A.. 14114 f_s Bicycle parking rack that also serves as public art Page 2-6/Site Planning Design and Development Guide/Biomedical Park November 2016 BUILDING DESIGN The relationship of buildings to the public and private spaces around them is critical to the overall success of the Princess Anne Commons BioPark. Building placement,massing,and appearance define this relationship.Each building's architectural style,form,architectural details, exterior materials,textures,and color work together to provide an environment that ensure quality and provide a sense of place that will remain memorable. Placement on Site & Architectural Style The following provides general guidelines pertaining to the placement of buildings on a site within Princess Anne Commons for corporate,research,medical facilities,and academic buildings.Construction of all such facilities are governed by the City of Virginia Beach Zoning Ordinance and the Virginia Statewide Building Code,latest amended edition. In all cases, however,should there be a conflict between the guidelines and the Zoning Ordinance and/or the Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail. • The general principal for building placement and architectural style is development of one-story or multi-story buildings (dependent on use),set in a landscaped environment that maintains an aesthetic continuity throughout the surrounding area. As noted in the Introduction of these Guidelines,there is a Design Vocabulary for Princess Anne Commons,and the existing buildings within the Commons stand as examples of the design style,materials,and colors to be used (see photo on next page and the photos in the Introduction). II Each designer is encouraged to express individuality and creativity while blending his or her design into the design context of the surrounding area. The general design context should reflect a high-quality,modern corporate image. Colonial era architectural elements may be integrated into the design; however,the overall architecture of the building should not be a replication of colonial era design. i All building designs will be subject to the approval of the City(through the Proffers of the Conditional Zoning Agreement) and the City of Virginia Beach Development Authority. It is intended that the architecture and landscape create a basic harmony of design throughout Princess Anne Commons such that no building,sign,landscape, or other element of the built environment will detract from the attractiveness of the overall environment. Building Mass The following provides general guidelines that emphasize the importance of the mass,scale, and proportion of buildings on a site within Princess Anne Commons for corporate,research, medical facilities,and academic buildings. In all cases,however,should there be a conflict Page 2-7/Site Planning Design and Development Guide/Biomedical Park November 2016 between the guidelines and the City of Virginia Beach Zoning Ordinance and/or the Virginia Statewide Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail. II How the mass of a building is distributed on a site usually has the greatest impact on a project's overall appearance and its relationship to the surrounding area. As demonstrated by the building shown in the photograph below,breaking the footprint of a large building into smaller parts and varying a building's height is a valuable concept when designing large projects. — Y YY - R y st a r - - s .,e... 11 II 3- a! as aE - ii2 Ot. j jumaillikk4t ice. _ ,- �• + ; :1;egh. ir t :,,* tff,-.116 - - - Photograph O 2016 Sentara Healthcare • Sculpting a building's massing can also help avoid big bulky structures that result in visual monotony rather than visual interest. It is the well-balanced variety of building massing and textures of shadow,light,and material that,in total,add to the richness of Princess Anne Commons built environment. Building Facade II Facades of buildings that face the street should incorporate cornices, expression of structural or architectural bays, recessed windows or doors,material or material module changes,color and/or texture differences,or strongly expressed mullions. Page 2-8/Site Planning Design and Development Guide/Biomedical Park November 2016 IN As an example,the photograph below is of a building in a modern style with various components that integrate principles of sustainability into the overall design.While the style and integration of sustainability principles contributed to the large expanse of the façade,there are subtle changes that provide visual interest from an external perspective: • The rectangular grid pattern created by alternating the metal panels; • The triangular projection in the center of the façade (shown in the lower left of the photograph); and • The rectangular windows of the same size as the metal panels set Y into the facade at - i what appears from ' outside the £,,, ;`,, t building to be I `‘ random locations. =- 1 ilk 1 4-1 I I r _ �. • All sides of a building should have continuity of design. No side should be unimproved. All architectural details,such as roof lines and parapets,should continue around all sides of a structure. Exterior Materials and Colors • Buildings should be of long-lived and sustainable materials, including brick, stone,tinted and textured concrete masonry,and glass. EIFS should not be Page 2-9/Site Planning Design and Development Guide/Biomedical Park November 2016 used below the first-floor elevation except when used as soffits.The material palette should provide variety,reinforce massing and changes in the horizontal or vertical plane. ill An identifiable break should be provided , ,,1 1 between a building's ground or second I 1 i floor and the upper floors.This break may : i ��' consist of a change in material, change in 1 : ; 's fenestration,or similar means.As shown `- . -' in the photograph to the right,the pre-cast '' block and cornice around the windows , provide such a break. , , . p � in Colors,materials,and finishes should be "T-` coordinated in a consistent manner on all elevations. of 4 i -- iliiilw 19 _ In order to maintain aesthetic continuity 111 ��.R - within Princess Anne Commons,bright '=" g 1 �, primary colors should not be used except i in limited use for building accents,such as i IT . entry doors or trim. ,� Al The bright blue band above the first floor arcade level of A this building shows an appropriate use of a bright primary color as an accent. Page 2-10/Site Planning Design and Development Guide/Biomedical Park November 2016 Exterior Building Lighting • Each project should develop a system or family of lighting with layers that contribute to the night-time experience, including facade uplighting,sign and display window illumination, .j landscape,and parking area lighting. A , �� ; _�-:`,.\ .......: ,,,,,.... ....,, _... ....:: - ,,, , . _ ... ... -... ....\\, ...... , __ ..- ...,,,,,,..41 , II Integrate securitylighting into the ": �rw/. 4,-, g g g ,-... _ architectural and landscape lighting 3 Y k .. ."k -. system. Security lighting should not be distinguishable from the project's " overall lighting system. i- III Exterior lighting should be shielded to 4 —__ „i„.r reduce glare and eliminate light being cast into the night sky. i Page 2-11/Site Planning Design and Development Guide/Biomedical Park November 2016 Mechanical Equipment and Service Areas 111 Ground level mechanical equipment that cannot be located inside the building -; should be screened with an enclosure or i3 {,k structure incorporated into the main _ ' building. The design,materials,and colorsiiiii ; should be complementary with the main `�°illii11111 T.,.., . ' building. 411 al Rooftop mechanical equipment(including 4- gam` elevator rooms) should be screened so as —=~ =_ - _ to be`invisible'from the ground adjacent ....... ___ . _ -.#. ,..,-- to the building as well as from approaches - _ \ r'� N. �o�,,. to the building. Horizontal (flat) roof k. -. -- -.140.- %., :-. 1'..:.• forms should be screened by extensions of the building wall planes (parapet). 4 , 1 Loading and trash collection areas should 1 ,.,. ` be concealed from view to the greatest e } extent possible and are ideally located I t inside the building. Access to these areas 1 Z should be minimized and arranged so that maneuvering is avoided on public streets. : �` -�' A vertical clearance of at least 14 feet is 1 f recommended. Parking Structures Traditionally,the design of parking structures takes a secondary position to the development of larger projects. Parking structures are often treated as nothing more than buildings having the sole function of providing a place for people to park their cars and not as an integral part of the design fabric of the locale. The following guidelines are for those instances when a parking garage is deemed the best parking solution.The guidelines are intended to encourage parking structures that will be integrated into the desired design fabric of Princess Anne Commons,so that ultimately,parking structures will be viewed as long-term,quality amenities to the city and not as utilitarian 'quick-fixes' for a parking problem. Page 2-12/Site Planning Design and Development Guide/Biomedical Park November 2016 1111 The exterior facade should maintain a horizontal line throughout.The f > -ii1 US*1 ►r - sloping nature of the interior — f N Mi III iii M iii Wi UI WA structure,necessary in the design of " " NH ■n ""'n "'■■t ■■t IU parking structures,should not be II II UM Ili MI III•■■■■.. MI US // M U■ NM in mar, in■■■ in in repeated on the exterior facade. NE n n r SIM MI ■n■■■ ■■■■■■ , n■ n P ■■■ ■■S i■■n■ Nnpnan lit • -, � ; The height and mass of the structure 11 should be consistent with the urban design fabric within which the structure is to be located (e.g.,a 7- f, r story parking structure should not • , ±, , i be situated in an area that consists of ▪ '` i' ' r" " primarily 2 to 3 story structures). .' ! , ,. mor . • ,.• . -_, MB IIII Parking structures should have an ' ' , external'skin'designed to improve the building's appearance over the • ' ,• , basic concrete structure of ramps, ' "° .* walls and columns.This can include - '' ' i i, -- - heavy-gage metal screen,pre-cast j i 1E i. i , concrete panels,laminated glass or t' if_ .,. photovoltaic panels. ; ; 1 ►--- . -1 I ; , --- -- III --�P - Parking structures should integrate - ------ ------ _ Y__ - sustainable design features such " as photovoltaic panels (especially .;* Or --,. on the top parking deck),renewable r ; I materials with proven longevity, .- 'si it ) ' 64- - and stormwater treatment - ii '' wherever possible. I 16_,.. hipi I _ j_..i. i $ 'i it . ‘ : „ iii,ai r 11 I t tip li - Page 2-13/Site Planning Design and Development Guide/Biomedical Park November 2016 III Pedestrian access to and from a F r� parking structure should be well- defined and attractive.Vertical Ili . . circulation cores (elevator and stairs) should be located on the — E.- _ - primary pedestrian corners and be e--, ... highlighted architecturally so cA = - visitors can easily find and access • A , _ _ these entry points. Directional signs __ = ; should be provided at internal exits ' to identify streets and help orient - Y� pedestrians as they exit the parking facility. III Proper security is an important aspect of parking structure operations. A safe,secure lilt environment for patrons, ;` employees,and vehicles is critical. 00 Adequate security measures should R ,• l�� i be an integral part of the design. ` `` ':�!g� '' . The overall design of the structure -.'P •a G i i6.-_x �mIIIlai .- . ism las , Laim should be such that it provides for 4 SUM ice/ " easy surveillance from the street. _ irirc j The proper placement and design of ••.- - - windows,lighting,and landscaping increases the ability for police and others to observe intruders and ""' II maximizes the potential to deter crime. Ir.F I? - Elevators- Elevators should be I 11111 - � located along the exterior peripheryof I the building,preferably on a street 1r � side and oriented so that the elevator lobby is visible from the street at each 4 level.The back of the elevator cab and i L shaft should be made of glass or other similar transparent material that will ILL . allow maximum surveillance from the exterior. -..- * Stairways-As with elevators, Ill stairways should be located along the i -- exterior periphery of the building, preferably on a street side and oriented so that the stairway is visible - from the street at each level.Glass or a Page 2-14/Site Planning Design and Development Guide/Biomedical Park November 2016 similar transparent material should be used to allow visibility. Access- Pedestrian access into and out of the building should be channeled thorough only one or two points to allow surveillance either by a cashier or a remote television camera. Page 2-15/Site Planning Design and Development Guide/Biomedical Park November 2016 Ap • endix SECTION 1 A Protection of Existing Vegetation: Site developer, through sensitive grading and drainage plans, shall save stands of natural vegetation 15' outside of all proposed building walls and 5' outside of all paved areas. The building developer shall identify, "flag" , and barricade up to the tree dripline such stands prior to site clearing or grading operations. Storage of materials or equipment shall not be allowed within these barriers during construction and barriers shall not be removed until finish grading of sites has been completed. All City of Virginia Beach and State of Virginia tree protection notes are applicable and shall be enforced. B General requirements of new plantings: 1 . All shade trees along pedestrian walkways shall have a minimum branch hang height of 6'-8" . 2 . Where shrubs or groundcovers are used, "massing" is required unless otherwise approved. Extensive varieties of plants within one planting bed is discouraged. 3 . Sod rather than seeding is required within 50' of all buildings and along all adjacent roadways which the property lines front. Minimum width of sod along roadways shall be 15' if applicable . 4 . Flowering trees shall have a minimum caliper of 1 1/2"-2" . 5. Shade trees shall have a minimum caliper of 3 1/2"-4" except for shade trees in parking lots which shall have a minimum caliper of 2 1/2" - 3" . Page 2-16/Appendix A Design and Development Guide/Biomedical Park November 2016 APPEN'IX A 6. Within the parking field and in adjacent curbed planting areas, there shall be one shade tree per 10 parking spaces with a minimum ground area of 8' x 17 ' surrounding the tree. 7 . Continuous evergreen screening shall be required along any side of a parking lot that abutts the right-of-way of any street, lake or canal . Minimum height of plant screen along the right of way of any street shall be 30" , planted 3 ' o.c. ; where parking lots are visable from lakes or canals the plant screen shall be 4 ' to 5' in height, planted 3 ' o.c. Berming may be substituted and shall be a minimum height of 3 ' . 8 . The attached plant list shall dictate varieties to be used unless otherwise allowed 9 . All building entry drives shall be well landscaped with a combination of evergreen shrubs and flowering shrubs or flower beds, see (Exhibit L) . 10 . All site utilities such as heat pumps, transformers, etc. shall be screened with an evergreen shrub with spacing not to exceed 3 ' o.c. Height of shrub at installation shall be a minimum height of 4 ' to 5' , see (Exhibit 1) . 11. All visible loading docks or loading areas that abut property lines or street right of ways shall be screened with evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 36" with spacing not to exceed 3 ' o.c. , minimum height of evergreen trees shall be 4 '-5' in height with spacing not to exceed 8 ' o.c. , see (Exhibit I) . 13 . All planting bed areas shall be covered with a 2" layer of shredded hardwood mulch. Page 2-17/Appendix A Design and Development Guide/Biomedical Park November 2016 A APPENDIX 14 . All plant material , topsoil , mulch, fertilizers, etc. shall be subject to Vt3DA approval . Rejected materials shall be removed from the site without delay. 15 . Location of underground utilities shall be determined prior to start of work to avoid damaging. 16. All planting operations shall be under the supervision of an experienced plantsman. 17 . All landscape planting plans shall be prepared and sealed by a landscape architect certified to practice as such in the Commonwealth of Virginia. 18 . All plants shall be nursery grown & shall be in accordance with the most recent edition of the "American Standard for Nursery Stock. " Spaded trees may be accepted if approved 19 . All entry drives into each building site shall be landscaped, see (Exhibit L) . 20. Street trees(3 1/2" - 4" caliper, 14 ' to 16 ' in height) shall be placed along all roadways, within the right of way, which properties abut or. adjoin. One tree shall be provided for every 35' of property line that adjoins or abutts the roadway. Existing street trees, 75' off the property line, in both directions, if applicable, shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35 ' on center. 21 . In addition to the above requirements all landscaping shall comply with the City of Virginia Beach Landscape Ordinance. Any discrepancy between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance, the more stringent requirements shall govern. Page 2-18/Appendix A Design and Development Guide/Biomedical Park November 2016 APPEN IX A Ell IRRIGATION Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. Lawn areas and shrub beds shall be on separate zones. D SITE LIGHTING The intent is to create a uniform lighting system for the exterior lighting of the park 1 . Parking light fixtures shall be a maximum height of 30' 2 . Low bollard fixtures or landscape lighting is recommended for walks and building entries, 3 . Building mounted floods will not be permitted, except in completely internalized service courts for the research and development (R&D) areas. 4 . Lighting in parking lots, walkways, signage and on all buildings shall be "cool white" mercury vapor lamps. Lighting in all public right-of-ways shall be high pressure sodium. 5. Lighting levels will be determined by the recognized standard of the lighting industry, as specified in the "Lighting Handbook of the Illuminating Engineering Society" . Lighting levels in parking lots shall be minimum . 5 foot candles. 6. Accent lighting of buildings, landscaping and signage is required. 7 . All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. Page 2-19/Appendix A Design and Development Guide/Biomedical Park November 2016 A APPENDIX EllSITE FURNITURE Site furniture shall include benches, seats, tables, trash receptacles , and planters, and may be placed at building entrance plazas and at entry walks. All site furniture shall be selected from a list of standard furniture, provided by the Vi3UA, see (Exhibit H) . . PROPERTY LINE (NOT APPLICABII ADJACENT TO RESIUINTIAL ZONES) 4,k EVERGREEN TRIES rb' MIN. t ter,. (Iii__ ____F___\ LOADING AI WAREHOUSE - EVERGREEN SHRUB MASSING 3' TO 4' HEIGHT W- I 174 taigeiPPOWr`-•1 r :?S:{fe.%:SS�:]sX _r...r 1 ovaulop ., 10' MIN. 0 046 : A„ le TRANSFORMER t i 1 .:1.:*;P r f, - tf tli ��n'I�fT f r;. , WWII��++ .•% ...s c 1►,�1 , � .,�� Ise/..p► �,,: :. . a8�'�t., ,.., `r,'1I1I ,= EVERGREEN SHRUB 1 k r MASSING 3' TO 4' HEIGHT y• I "=• 11IIUi . aI"S TRANSFORMER cS.N. , 3'MULCH WITH ',r• c1��� • 3,. II, ins 4d1�: 1- SOIL SEPERATOR I :4IIIP, 41100 1►► EVERGREEN SHRUB MASS 1' TO 4' HEIGHT I I/1 lI L.,II,.. II,I.,.I I) I.,alull..l._11111 0 VARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS Page 2-20/Appendix A Design and Development Guide/Biomedical Park November 2016 APPENDIX A SHADE TREE (TYPICAII IIOWERINC TREE (TYPICAL, tvEkCREEN SNRUI MASSINC TV CURS / ,, ) .. istrip 're ..or , ;/,- 4. it -�';` ;��_ �■I % 4I, . ��a ! '.h'Ailk. w� + A= Wii�e ,_—..k.,.,,,z, vii,ovili tilts. la Ir (IU it.rfit.i� / •fig .IRE, (1P C 44.11P,AW v .. 1•14i. iriir TM* (111 .Na P. .11,p,,.„.,111/4 o► A , _0/.4 Ay Xv•?. cp 4Ir tIk •`F:0 CONTINUOUS 24' HEIGHT MEDIAN EVERGREEN EVERGREEN HEDGE SHRUB MASSING Note: The drawings above are at a conceptual level to indicate the design intent. The landscape architect shall respond to all required City of Virginia Beach visibility triangles for intersections. CDTYPICAL BUILDING ENTRY DRIVES Page 2-21/Appendix A Design and Development Guide/Biomedical Park November 2016 Transition Area/Interfacility Traffic Area Citizens Advisory Committee March 31,2023 Virginia Beach City Council Building 1,City Hall 3401 Courthouse Drive Virginia Beach,VA 23456 Dear Mayor Dyer,Vice Mayor Wilson,and Virginia Beach City Council Members, At the March 30,2023,Transition Area/Interfacility Traffic Area Citizens Advisory Committee(TA/ITA CAC)meeting,the Virginia Beach Development Authority(VBDA) presented design and development guideline changes to the Princess Anne Commons Biomedical Park. The proposed changes reflect design and development guidelines for what is proposed to be called Innovation Park.After carefully reviewing the plan and red- lined changes,our committee has concerns regarding the direction of past and future commercial development. Based on the information provided at this meeting,the TA/ITA CAC determined that the guideline changes: • Fail to preserve the integrity of the remaining area,* • Fail to define the intent of the site, • Increase density due to soil types and stormwater guidelines versus considering the ITA Study that looked at the land,its capabilities,and the cumulative impact of development,thus outright ignoring the knowledge gained, • Furthermore,the TA/ITA CAC has concerns about the transparency of what will come of the property. The TA/ITA CAC is disappointed with the lack of vision and the willingness to abandon previous guidelines that protected the view shed on Princess Anne Road. We are concerned about the lack of transparency and the message this revised plan sends our citizens. If,at first,we don't succeed,sell out to the first person that comes along despite our vision. This plan is not honest. It hides behind a clever title and lowers the standard. Sincerely yours, Lisa Hartman Chairperson TA/ITA CAC *Specific flaws in the revised guidelines: • The proposed design specs for Innovation Park should be narrower,as stated in the current standards,to avoid adding buildings with unsightly aesthetic standards based on their industrial need. • The name and sought-after tenancy change from a specific high-end use,Biotech,to a vaguely named Innovation Park,where innovation itself is not a criterion for occupancy.This is misleading and not in the best interest of VB. • The proposed Innovation Park design criteria will attract low-end users,most likely industrial. • Biotech Park included a specific site/master plan designed as a suburban office campus with multiple buildings varying in height. However,the proposed Innovation Park has no site/master plan leaving the ultimate desired look undefined. • This land is in a high water table area.The proposed Innovation Park impermeable surface areas need to adequately consider VB water runoff concerns,which will negatively impact existing properties such as the city-owned VB National Golf Course,already experiencing drainage problems from recent neighboring developments. • If VB is"running out of land,"why should we be anxious to lower our standards to attract fewer higher-wage desirable jobs? VB is at a historically low unemployment rate. The City's goal should be to attract good-paying jobs to encourage VB families to stay,grow,and prosper in VB. Can opportunities to redevelop be considered? Should we look to land within ACUIZ that cannot be developed for residential? • While the Acoustic Steel building is already in place,it is sufficiently removed from the remaining Biotech Park area not to impact the desirability of a suburban office campus. Department of Economic Development Responses to Feedback Received from the TA/ITA CAC to Date Re: Modification of Proffers Application to Amend the Design and Development Guidelines for the Innovation Park(2023-PCCC-00006) May 22, 2023 1. The proposed design specs for Innovation Park should be narrower, as stated in the current standards,to avoid adding buildings with unsightly aesthetic standards based on their industrial need. The following design specifications are the majority of the additional design standards proposed to be added to the design guidelines:Fencing standards, Signage standards, Outdoor storage, staging and service areas. Without these additional standards it will be difficult to achieve an acceptable result for every type of development that comes to the Park. The primary reason for the proposed design guidelines is to include that extra guidance and provide clarity of what is expected for any development type that is permitted under current zoning in the Innovation Park. Additional language and standards have been added to proposed design guidelines since the TA/ITA committee last received a briefing on May 4th to further preserve the Princess Anne corridor viewshed and ensure a high-level of building aesthetic is achieved, see comment response#8. 2. The name and sought-after tenancy change from a specific high-end use, Biotech,to a vaguely named Innovation Park, where innovation itself is not a criterion for occupancy. This is misleading and not in the best interest of VB. The Innovation Park name was changed by the City of Virginia Beach Development Authority and City of Virginia Beach leadership through the Capital Improvement Program in 2019. The Design and Development Guidelines for the Park can be modified should the Authority and City leadership choose to change the name. 3. The proposed Innovation Park design criteria will attract low-end users, most likely industrial. The current and proposed Design and Development Guidelines are not a business attraction tools. The document's purpose is to provide guidance on site and building design for any type of development under the current 1-1 zoning within the Park. The 1 intended audience of the document,for instance, is City staff who review development proposals and the architecture and engineering community who design them. Regardless of whether the proposed Design and Development Guidelines are adopted by City Council, industrial interest in the Park will continue. Industrial real estate in Hampton Roads is at a less that 1%vacancy rate and is the most common request received by the City of Virginia Beach Department of Economic Development. The Department has targeted advanced manufacturing specifically within the industrial market. Advanced manufacturing uses innovative technologies, like automation and robotics, to create or improve products or processes.Advanced manufacturing currently employs more than 54,000 skilled workers in the Virginia Beach metropolitan service area in industries like offshore wind and defense, and offers high paying salaries.A sampling of advanced manufacturing positions and salaries in Virginia Beach are as follows: • Industrial Production Managers—$121,390 • Manufacturing Engineers—$85,000 • Structural Engineers—$81,892 • Entry Level Engineers—$61,455 • Logistician—$96,114 4. Biotech Park included a specific site/master plan designed as a suburban office campus with multiple buildings varying in height. However,the proposed Innovation Park has no site/master plan leaving the ultimate desired look undefined. The conceptual plans and renderings of the Biotech Park as found in the Interfacility Traffic Area Plan were designed to be illustrative in nature and were not intended to show the ultimate build out of the Park. In drafting the amended guidelines, staff included elements such as landscaping, outdoor amenity space, building massing, and lighting that will contribute to the overall creation of a campus style development without showing a hypothetical master development plan to represent what might be developed there. 2 5. This land is in a high water table area.The proposed Innovation Park impermeable surface areas need to adequately consider VB water runoff concerns,which will negatively impact existing properties such as the city-owned VB National Golf Course, already experiencing drainage problems from recent neighboring developments. Any development within the Innovation Park must conform to the City's current stormwater management requirements, as amended. Conformance with the City's storm water management standards will be reviewed during the site plan review process for each development. All development must account for the unique geologic and hydraulic characteristics of each site and will not be permitted to overburden the drainage systems of any of the surrounding properties. 6. If VB is "running out of land,"why should we be anxious to lower our standards to attract fewer higher-wage desirable jobs? VB is at a historically low unemployment rate. The City's goal should be to attract good-paying jobs to encourage VB families to stay,grow, and prosper in VB. Can opportunities to redevelop be considered? Should we look to land within ACUIZ that cannot be developed for residential? The City of Virginia Beach was once a fast-growing suburban-style community, driven largely by US military installations, tourism and agriculture. The City is currently facing a dwindling supply of developable real estate and flat population growth. While defense, tourism and agriculture will continue to the be the pillars of the City's economy,further economic diversification must occur in order to maintain the lowest real estate tax rate in the region and high-quality of life into the future. The Department of Economic Development is the entity charged with growing the City's tax base and expanding employment opportunities for residents. Guided by this mission and City Council's strategic goals, it is actively pursuing redevelopment opportunities such as a prospective high-rise mixed-used redevelopment of the former Circuit City building on Independence Blvd. in Town Center as well as participating in the redevelopment of the Pembroke Mall. The Department is also pursuing opportunities with NAS Oceana to identify, market and develop underutilized land in and around the installation for new compatible development. 3 Uses that would be compatible include data centers, energy storage facilities and warehousing. 7. While the Acoustic Steel building is already in place, it is sufficiently removed from the remaining Biotech Park area not to impact the desirability of a suburban office campus. While office building development is still possible in the Innovation Park, market vacancy rates are around 8%in Hampton Roads with little to no demand in Virginia Beach for new office building construction at the present time. 8. It's of it most importance that view shed is protected as intended by the PA Corridor study and others. Acoustic Sheetmetal is an eyesore and more efforts should have been made to preserve that view shed.That cannot happen again. Proper setbacks and disguising landscaping should be used to preserve the view as intended in our publicly vetted and adopted documents state. While this issue is design guidelines, I think it would be prudent for planning to restate intent of use to attempt to regain the trust of the citizens who bought into the Biopark and now feel duped. Also building design, no warehouse box buildings. The proposed Innovation Park Design and Development Guidelines, if adopted, will apply to the following properties that have frontage(highlighted in red below)on Princess Anne Road: . R / PRINCESS AWYEnD / / ` ;_\ -,-�_\ - it,/ 1___ awe ,_ r , i J '<i The proposed Design Guidelines contain the following development requirements to protect the viewshed from the Princess Anne Road corridor. The bold text indicates the revisions incorporated from that last version provided to the TA/I TA CAC: 4 • Section 2.1 Access-"No vehicular access is permitted directly from Princess Anne Road. Coordinate access with or provide access from the secondary street system or by cross-parcel easements whenever possible." • Section 2.2 Parking- "Parking areas are not permitted between the building and Princess Anne Road right-or-way for properties with frontage along Princess Anne Road." • Section 2.3 Fencing— "When fencing fronts any primary public roadways it shall be located behind a continuous landscape screen or vegetated berm a minimum of three foot in height, making the plantings the most visible feature from the street or adjacent parcels. Fencing in front yards shall be decorative use only and not visually obstruct the building." • Section 2.4.2. —Building entrances, utility transformers, loading refuse, and outdoor storage areas, parking lots, entry drives and any property frontage along Princess Anne Road, shall be well landscaped with a combination of trees, shrubs and ground covers above and beyond what is required in the City of Virginia Beach Landscape Ordinance, as amended. • Section 2.4.3. —Sod, rather than seeding is required within 50'of the front of the building;all adjoining roads shall have sod along the entire property line for a minimum of 30'. • Section 2.4.5. —Street trees shall be placed along all roadways with the Park at a minimum of one shade tree every 35'of the property line that abuts the roadway. • Section 2.4.8. Continuous evergreen screening is required around any visible loading, storage, staging or refuse area. A planted landscape berm may be substituted and shall be a minimum height of four to five feet. • Section 3.2—Breaking the footprint of a large buildings into smaller parts and varying a building's height is required along the facades with views from public roadways. • Section 3.3-The front face(s)and facades with views from public roadways shall incorporate higher levels of architectural articulation such as cornices, expression of structural or architectural bays, recessed windows or doors, material or material module changes, color and/or texture differences, or strongly expressed mullions. 5 • Section 3.4—Exterior building materials shall be of high quality, durable, aesthetically pleasing and sustainable. • Section 3.5 Outdoor Storage, Staging and Services Areas—Loading/service, outdoor storage and staging areas are permitted in the Park but must fully concealed from public right-of-way view and located at the rear of the building to the greatest extent possible. 6 ,/,7/4 / , `j/laCle\ .,:. >' 4& ,„ g) os C N 8Q • c , r 4Qi 3/ � O r Q/ ,ter O \ N /n1/40., I 1 cl ce: 0 0 N Nw 4 o � O�5\\ ‘( ). sti4o- c'i/6C 72 \> 1 Es 0 � � o oO.0, /�� /a ,� „\ N , // NO\ .46.7 K\> , 0 icr, / /\ *A 4 ).0/.( -octl• <N. \\4N- \ / 1/ 5 1 : o� i 0. . 11*' Z I>'•J i, Q Xe‘b" OV o C�� a) Q� i 10 ,CS/YQ , V/ ' 40- . e4P. ), .- L #\ ' s o _ Q V � 3Q .t) g ‹> i( P,tD, = cz U s iaTt ca s // 3 0 N o /ar?far?, o z Nett N / ..‘?4,e4,‘ Oce/ce .00 a AN o \ 4e ' *4„ 4,4, 40..i,, ,„,,b, ., ,?\ 6 6 i,,,, e4;\-. .N-, ov - C 440kfr 2 P4*/ . N - -•A‘ c.`r, > e/qi .4 ce›<L94644 11,4)o. #4 . .. /\,/rt .. 2vo CC: -.apt yI �ir. / 0 \;Lr) / N 00 EIE QQ & OC o 1 Lryjs ,,, ! i t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COMMONWEALTH CATHOLIC CHARITIES [Applicant] CATHOLIC DIOCESE OF RICHMOND [Property Owner] Modification of Conditions to a Conditional Use Permit (Group Home) for the property located at 642 N Lynnhaven Road (GPIN 1488805079). COUNCIL DISTRICT 8 MEETING DATE: June 20, 2023 (Deferred on May 16, 2023) ■ Background: The applicant is requesting to modify the conditions of a 1984 Conditional Use Permit for a Group Home on property zoned R-10 Residential District. The applicant seeks to extend the amount of time a resident can reside in the group home from 2 weeks to 90 days. The previous group home operated at this location from 1984 to 2021 and served runaway girls. The proposed group home will serve unaccompanied minors between the ages of 5 and 17, who crossed the southern border of the United States and are seeking to be reunited with their families living in the United States. The facility will operate 24 hours a day, 7 days a week with at least one staff member on-site at all times. All necessary services, including educational, nutritional, and mental health, will be provided on site for the residents. This group home will be run by Commonwealth Catholic Charities which will operate as a tenant to St. Nicholas Catholic Church. • Considerations: The previous group home, Seton House, operated successfully on the site for 37 years before relocating to another site in 2021. The request to resume the group home use is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area as the use will provide a needed service and a change in the length of stay allowed would not negatively impact the surrounding area. Minor cosmetic changes to the exterior of the building are proposed. The first floor will include office space, dining space, and recreation space while the second floor will be renovated to provide individual and shared bedrooms. Although the applicant initially requested to extend the maximum length of stay to 90 days, Staff decided not to condition the length of stay since such a limitation is not established in the Zoning Ordinance. Staff has received 14 letters of support, 2 letters of opposition, and 1 letter of concern regarding the application. There was 1 speaker in support and 4 speakers Commonwealth Catholic Charities Page 2 of 3 in opposition at the Planning Commission hearing. Those in opposition cited concerns over previous issues with residents of the group home, the demographic of children residing at the group home, and the removal of the 90-day limit initially requested. Based on the concerns of the those in opposition, the Planning Commission recommended a maximum of 10 children between the ages of 5 and 17 for a period not to exceed 90 days. At the May 16th City Council hearing, a 30-day deferral was requested by the applicant in order to conduct additional community outreach. There were 3 speakers in opposition and 1 speaker in support at the City Council hearing. Those in opposition citied concerns over potential illegitimate practices being conducted, a belief that veteran care should be prioritized within the city, and that personal taxes should not be allocated towards assisting organizations like Commonwealth Catholic Charities. The 1 speaker in support stated this was a vital resource to the community and is eager to volunteer and offer support to the organization and its residents. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On April 12, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of8to0. 1. All conditions attached to the previous Conditional Use Permit granted on February 6, 1984, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "ST NICHOLAS BUILDING PLANS", prepared by R.P. Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning & Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to 20 10 children or as determined by the occupancy load set by the Building Official's Office for this Group Home, whichever count is lower 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A Commonwealth Catholic Charities Page 3 of 3 separate permit from the Department of Planning & Community Development is required for any new signage installed on site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. Children residing in the Group Home shall be limited to the ages between 5 to 17 and shall not reside on the property for more than 90 days. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (14) Letter(s) of Opposition (2) Letter of Concern (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/4t)9 Applicant Commonwealth Catholic Charities Agenda Item Property Owner Catholic Diocese of Richmond Public HearingApril 12, 2023 10 11/B Planning Commissionub c p City Council District 8,formerly Lynnhaven Virginia Beach Request Modification of Conditions (Group Home) j ARG$ERA:' Staff Recommendation KINGS LA Kr DR ")`- Approval \---- Kris GRAA RD i 4 I. \ Staff Planner d tsusiat- Michaela McKinney \ -- AM PlAilk. ._, eeRKLey0L 4r S. Nil* Location Gsso o + 642 N Lynnhaven Road "'" 4 ..i. GPIN (4 'I'‘ 1488805079 Site Size \`itt . 4:0 12.00 acres oc �� c. o-� t�Rr°"c, AICUZ ss, 1-4 *, �-�( _ �, Less than 65 dB DNL j CI Q � i at ____,e, fk Watershed te Chesapeake Bay Existing Land Use and Zoning District Religious Use/ R-10 Residential . Surrounding Land Uses and Zoning Districts , ', North t� +ft ` A- ' `-, `Little Neck Road4k5 ^^ Single-family dwellings/R-5D Residential -.*0- ;__ P =A.,,,South f - , 0 : - '• Elementary school, single-family dwellings/ R- ~ �"' `' 1 " _ t. ,- 10 Residential = y • ' ., '` a East _{ •M' £` Single-family dwellings/ R-10 Residential ,_ _ ;-.;, - West t •.o - , , North Lynnhaven Road - ti Single-family dwellings/ R-7.5 Residential ' - y y A i T.� Commonwealth Catholic Charities Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is requesting to modify the conditions associated with a Conditional Use Permit for a Group Home, approved by City Council in 1984. Specifically,the applicant is seeking a modification to Condition 2 to extend the amount of time residents can be housed on site from two weeks to 90 days. • A former group home operated in this space between 1984 to 2021 and was operated by Mother Seton, a different entity not owned by the church. This proposed group home use will be operated by the St. Nicholas Catholic Church, located on the property. The previous group home served runaway teen girls who were below the legal age to emancipate themselves. Each resident was allotted a stay of up to two weeks in the group home.The current building has been vacant for a total of two years and the applicant seeks to re-establish the group home to serve unaccompanied minors, ranging from 5 to 17 years old who have crossed the border and are seeking to be united with their families. The applicant seeks to increase the maximum amount of time each resident can stay on site to 90 days. During the residents stay, efforts will be made by the applicant and Customs and Border Patrol to reconnect each resident with their parents or family members. • This use will go into an existing 5,000 square foot building on-site. Originally, this building served as a group home for up to 20 children and will be modified to accommodate 10 to 15 residents on-site. The facility will include offices, classroom space, a dining area and recreation space on the first floor. The second floor will include a mix of individual and shared bedrooms to accommodate siblings. It is the applicant's intent that the facility will operate 24 hours a day, 7 days a week with 10 full-time staff and 4 part-time employees to ensure a staff member is on-site at all times • As depicted on the submitted building elevations on page 9, only minor cosmetic improvements are proposed to the structure. l /}1:o,. " �,4.' 4.. fir?"♦r , .\\‘‘, i4. - . / ... d1/4 i.l.r414.-.• 40 • Qp , ,frk ',,, ,Q ! Zoning History t��,,� ,` t �� ;* # Request 1111 ` C+�'� / 'l R •�, 1 NON Ex ansion of a Non-Conformin Use A roved 4.49\tiff"--0.**We:,, 44. .+i:;,•' ��••#41►�'P�L 0 r" 07/05/2022 �- '+-74 .' ��",� '' s NON(Expansion of a Non-ConformingUse)Approved 1°C?'<. `+ /'re, /�,,,� , . o C7?i 01 23 2007 R "'t iiii it� 6-4 ,��'o .•'# ' '1:'tZ 2 CUP(Mounted Columbarium)Approved 04/08/2003 A Vv-0-4. . # ��� _.pr . MOD(Mounted Columbarium)Approved 04/08/2003 R1 t ` �~ -.. D - CUP(Daycare for the Elderly)Approved 11/25/1995 �// 414910,. CUP(Group Home)Approved 06/23/1984 :47/� ►* �,,vs, a•6 X Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Modification of Conditions is, in Staff's opinion, acceptable given that the use is compatible with the surrounding area and has been successfully operating at this location for decades. During that time, staff has not Commonwealth Catholic Charities Agenda Item 10 Page 2 received any complaints related to the use. The Group Home will continue to provide a needed service that will support its community and residents. The existing building will undergo minor cosmetic changes to the exterior while interior renovations will be done to better accommodate residents. According to the 1984 Conditional Use Permit, Condition 2 required a sprinkler inspection that meets the approval of the Fire Inspection engineer. A sprinkler systems inspection was conducted on November 11, 2022,that found the current system satisfactory. Although the applicant was requesting to increase the maximum length of stay for residents of the facility to a finite amount of time (90-days), staff has decided not to condition the length of stay. Since the Zoning Ordinance does not restrict the amount of time an individual can reside within a group home, and since the use has been operating without issue for the last 37 years, Staff does not believe conditioning the length of stay is necessary for this application. Given that the use is not changing,staff does not anticipate a significant increase in traffic volume with this modification, given that the building is closed to the general public. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. All conditions attached to the previous Conditional Use Permit granted on February 6, 1984, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "ST NICHOLAS BUILDING PLANS", prepared by R.P. Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning& Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to 2910 children or as determined by the occupancy load set by the Building Official's Office for this Group Home,whichever count is lower 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning &Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning& Community Development is required for any new signage installed on site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 8. Children residing in the Group Home shall be limited to the ages between 5 to 17 and shall not reside on the property for more than 90 days. 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 Commonwealth Catholic Charities Agenda Item 10 Page 3 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. Conditions of 1984 CUP Approval 1. Installation of automatic sprinkler and fire alarm systems meeting the approval of the Fire Protection Engineer. 2. Limitation of twenty children, each to be housed for a maximum of two weeks. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan's primary guiding principle is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. A change in the length of time a resident can be housed would not negatively impact the surrounding area and would be supported by the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known natural or cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N Lynnhaven Road 2,800 ADT' 8,700 ADT 1(LOS 3"D") 2 No Change Anticipated 1 Average Daily Trips 2 as defined by a Group Home 3 LOS=Level of Science Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Lynnhaven Road in the vicinity of this application is a two-lane undivided collector street. There are no plans to improve this portion of N. Lynnhaven Road. Public Utility Impacts Water & Sewer This site is connected to City sanitary sewer and City Water. Commonwealth Catholic Charities Agenda Item 10 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on March 13, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 26, 2023 and April 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 27, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 6, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. Commonwealth Catholic Charities Agenda Item 10 Page 5 Existing Site Layout Xi/ 4Z- ' / Nir % • t 4,010r ,. . cif :,_ , , / ,,, : k.7- / N St. Nicholas Catholic Church , >4' (... ME Cox _ Z Center for 146, CN Elder Day '. Proposed Care ,) .,, Group /\\ ' Home 1 Zti \ �r�LFy\o\N co / \ Commonwealth Catholic Charities Agenda Item 10 Page 6 Proposed Floor Plan CAUTION: THIS PLAN WAS DERIVED MOSTLY FROM PHOTOS AND EXTERIOR MEASUREMENTS.EXTERIOR DIMENSIONS ARE LIKELY ACCURATE � WITHIN+1-3'. INTERIOR PARTITIONS ARE LIKELY ACCURATE_*/-4'. 10'-ff 35'-2' 44'-10. • — - -f — r : . •. •.. 0 =yrdtiv/Y11I11A/IAM; —. e—SIWWWMtWW1— R.W. .IWI—Wr�swav F.,•: :. :: • __... •• _, , __ ..... :: • . _. _ t.. 23 c • • .. , II,-.'"?'--,11- . * N 1. : L . • 17-4' ' r-ir 11'4 518' _ 10-1.418° 44'-3- Cii) OLD RECTORY --FIRST FLOOR PLAN ° 5 10 15 20 FT Scale:1/8'=1'-O Commonwealth Catholic Charities Agenda Item 10 Page 7 Proposed Floor Plan CAUTION: THIS PLAN WAS DERIVED MOSTLY FROM EXTERIOR MEASUREMENTS EXTERIOR DIMENSIONS ARE LIKELY ACCURATE WITHIN+/-3". INTERIOR PARTITIONS ARE LIKELY ACCURATE=+1-4". 3 16'-1 12" 14'-6- 1 S•-2 1/2" 14 1 r 1�j� 0 it I . II ----V I OLD RECTORY ---SECOND FLOOR PLAN °I u--, 10 1�5 ?o Fr ' Scale:1/8"=1'-0" Commonwealth Catholic Charities Agenda Item 10 Page 8 Building Elevation 1 1 - B _ ]E r L__ 6----, E 0 11 SOUTH ELEVATION 3 J Scale:1/8"=1'-0" C..l c i —L;Imaio li —T� 0 El 9 7—,- n r 1 O3 EAST ELEVATION Scale:1/8"=1'-O" Commonwealth Catholic Charities Agenda Item 10 Page 9 Site Photos :} zs Y{ , -w\h4 01 lam~ '"z: 7 1, cam°'. Ii4,i :S' - i,d - p 1 ,,4,, __,..l,_ _Tik‘-_I 1 at,-O i...,,0i,,,'' *r.---.-.--.,,,-_= _ r ,.4 . ., ,, . _ i_ --._ 'P.' : I e L. vtv Y i Y 2 --. -F9IN-' A, - -ktica--m-~ �& lk , i ;,-e-:.: - . pa: n t .. . : Leh . , — — 2 i It Ili s Commonwealth Catholic Charities Agenda Item 10 Page 10 Site Photos 414 11111111 v. ., 11Imi •111114" = , 0e" '4* s, 4111Ittit , 1 AIM - '•---:/-' 4011 • ..• ...., ‘ -,.,„,. ''''irje' ' r _______.._ -• ..., 1 Aill _ • i ' t#,- .., --- , . . . I , .,. . - ,e Ill 1.11.s f f'' I • 4.. - 0.. • , -—->- .._ •-•+ . ,, ' -• ,' x. - : ,,_4- , `...- . -...:.-7,-....- ., '''''.rit `",-,4.' ik, r '- - _ . " _ ___ ____ _ _ __ -- - --, --- , - ------ '_ . , -..“.... .'-.- - - • . -- . . . • -•', . . , Commonwealth Catholic Charities Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement CUy ofViiginia Beach Planning&Community 111\ 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 Commonwealth Catholic Charities Does the applicant have a representative? 0 Yes •No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I.Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jay Brown,CEO;Anita Wallen,COO;Lori James CAO Attached list of Board 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. hevtsed 11.09.2W, 1 Commonwealth Catholic Charities Agenda Item 10 Page 12 Disclosure Statement Disclosure Statement City of Virginia Beach Planning&Community Development\\. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes El No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 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?Cl 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. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Commonwealth Catholic Charities Agenda Item 10 Page 13 Disclosure Statement Disclosure Statement City of L"iryinia JSevch Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes in No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Anita Wallen,Chief Operating Officer Print Name and Title 01-31-2023 Date Is the applicant also the owner of the subject property? ❑Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 06/02/2023 Signature z Iay//GA Print Name Michaela D. McKinney Revised 11.09.202:- 3 Commonwealth Catholic Charities Agenda Item 10 Page 14 Disclosure Statement r. Disclosure Statement Vi3 City of Virginia Beach Planning&Community Development Owner Disclosure Owner Name Catholic Diocese of Richmond Applicant Name Commonwealth Catholic Charities 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-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IN 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. Revises 11.U9.2u2u 5 Commonwealth Catholic Charities Agenda Item 10 Page 15 Disclosure Statement Disclosure Statement City of Viryiruu&udi Planning&Community Development a 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 I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?Cl 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 • No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Commonwealth Catholic Charities Agenda Item 10 Page 16 Disclosure Statement Disclosure Statement 1kB Cvy of V infa Bmch Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is co-nplete,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 ure Rev.Venancio R.Balarote,Jr.,Pastor Print Name and Title 1/31/2023 Date • Ili' Commonwealth Catholic Charities Agenda Item 10 Page 17 Letter Authorizing Owner Signature CATHOLIC DIOCESE OF RICHMOND Telephone Finance Office (SO4)Fax-5661 7800 Carousel Lane ♦ Richmond,Virginia 23294-4201 (804)358-9159 March 27,2023 Dear Sir or Madam: This is to certify that St. Nicholas, 712 Little Neck Rd., Virginia Beach, Virginia is a parish of the Catholic Diocese of Richmond. Rev. Venancio R. Balarote, Jr. is the Pastor of the Parish. Under the provisions of Code Section 57-17, Code of Virginia and the Code of Canon Law, Rev. Balarote is the fiscal agent of the Bishop of Richmond in regard to ordinary administration of the St. Nicholas Parish's financial affairs. Accordingly,he has the authority and must be the signatory on all leases, construction contracts and permits in the name of St. Nicholas Parish as they relate to ordinary administration. For acts of extraordinary administration as defined in the Code of Canon Law, Rev. Balarote has the authority to be the signatory on such documents once he has obtained the requisite approvals from the Bishop of Richmond. The Bishop of Richmond has consented to the lease of the premises located at 642 N.Lynnehaven Road,Virginia Beach,Virginia. Kindly see that Rev. Balarote is the primary signatory on all parish activities that involve this real property, construction contracts, and permits with the City of Virginia Beach in regards to the property located at 642 N. Lynnehaven Road,Virginia Beach,Virginia. Sincerely, ///4e-tai-//.//41/ Michael J McGee Chief Financial Officer Cc: Rev.Venancio R.Balarote,Jr.,Pastor St. Nicholas,Virginia Beach,VA Commonwealth Catholic Charities Agenda Item 10 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. Commonwealth Catholic Charities Agenda Item 10 Page 19 Virginia Beach Planning Commission April 12, 2023, Public Meeting Agenda Item # 10 Commonwealth Catholic Charities (Applicant) Catholic Diocese of Richmond (Property Owner) Modification of Conditions Address: 642 North Lynnhaven Road RECOMMENDED FOR APPROVAL — HEARD Madam Clerk: Our final agenda item for the day is agenda item number 10, Commonwealth Catholic Charities. It's an application for a Modification of Conditions, a Group Home at 642 North Lynnhaven Road in Council District eight. Would the applicant or the applicant's representative please step to the podium. Mr. Alcaraz: Sir if you could just state your name for the record. Mr. Brown: I'm Jay Brown from Commonwealth Catholic Charities. Mr. Alcaraz: How are you today? Mr. Brown: I'm doing well, Mr. Chairman. How are you? Mr. Alcaraz: Yeah, fine. Good. Just go ahead and speak your case. Mr. Brown: Sure. I'd like to take this opportunity to say thank you, Mr. Chairman, Mr. Vice Chairman, members of Commission, I'd also like to introduce Ms. Loretta Jackson, who's here with me. She serves as the local program manager of our ministry serving vulnerable children. We at Commonwealth Catholic Charities have partnered with the Commonwealth of Virginia's Department of Social Services and the Federal Department of Health and Human Services to provide quality care for unaccompanied children and refugee minors for well over 40 years. We're seeking a Modification of Conditions under an existing Conditional Use Permit that allows the operation of a group home for children, as staff has pointed out in their report. The existing limitation on the length of stay for children in our care is in conflict with the City's Zoning Ordinance and while we originally sought to extend the length of stay, we are satisfied with the staff recommendation to the length of stay condition be eliminated. I'd like to take the opportunity to thank Ms. McKinney and city staff for their professionalism and their assistance in this matter. We accept the conditions listed in the staff report and we appreciate your consideration of our application. I'm happy to answer any questions. Mr. Alcaraz: Sure. Are there any questions at this time? So, I'm going to ask the other speakers to come up and then I'll give you a chance to rebut. Madam Clerk: Mr. Chairman, we have five speakers signed up today. The first speaker, I'm calling Chris Carrasco to be followed by Don Landeskey. Mr. Alcaraz: Hi if you can just state your name. Ms. Carrasco: Good afternoon. I'm Reverend Dr. Chris Carrasco. I'm the pastor of King's Grant Presbyterian Church. We're located on 745 Little Neck Road right across the street from St. Nick's Catholic Church. And I would like to speak in favor of this application. I think CCC has a long track record of serving the most vulnerable in our nation. And I look forward to partnering with them in helping to provide meals or donations or any way that we can assist in this wonderful mission outreach service project that they have serving unaccompanied minors. So, we have, we are actually very excited about this opportunity and look forward to partnering with St. Nick's in the future for this ministry that we can provide with them. Thank you. Mr. Alcaraz: All right. Thank you for coming up. Madam Clerk: Next speaker Don Landeskey to be followed by Jim Zucchini. Mr. Alcaraz: How are you sir? If you could just state your name. Mr. Landeskey: I hope everybody can hear me. My name is Don Landeskey. I've been a resident of Virginia Beach Little Neck for over 50 years in the same house, a resident and a member of St. Nicholas Church for over 50 years and almost drive the same vehicle for 50 years, a little consistency. I'm opposed to this as a church member and what this is bringing to our community. The business, Commonwealth Catholic Charities will be bringing 80 illegal un-vetted refugees to Little Neck over a year's time. They will have an age of children that formally was up to 21. I don't see any children as 21, but now it's been 19. The business is also secular, so I'm not anticipating seeing any of these residents coming to our church. They're coming from a broken system that the government has set up for refugees at the border. Health and Human Services has lost control of monitoring these individuals that is in excess of over 150,000 per year. It's boiler plate with the federal government where they want to get these refugees out of their camp, which is gated. These people are sleeping on floors in plastic bags. There's a lot of pressure in the agency that mandates 20% of these occupants be sent to shelters like Seton House, 20% per week, if that is not done, then staff is reprimanded for that. These juveniles are in debt to the smugglers and/or cartel that have bought them across the border. Mr. Alcaraz: Sir, I'll have to end your comments, you get three minutes and you've exceeded that. Mr. Landeskey: Am I already over three minutes? Mr. Alcaraz: Yes sir. Mr. Landeskey: Okay. Mr. Alcaraz: Are there any questions? None. Thank you, sir. Mr. Landeskey: My pleasure. Thank you. Madam Clerk: Our next speaker is Jim Zecchini, followed by Eloise Zecchini. Mr. Landeskey:l have some handouts regarding this. If the council or the group would be interested in this? Mr. Alcaraz: You have to give them to the clerk over there at the corner. Thank you. Sorry, we have to give respect to everybody that's speaking today. You can come forward, sir. Just state your name. Mr. Zecchini: Thank you. Good afternoon. I'm Jim Zecchini and I'm a neighbor of St. Nick's. I've lived right across the street from the church and a group home since 1994, so I've been there a while and I've seen the operations and how changes have impacted the community. The staff report says that no complaints have been received about the group home formally, but there have been issues there over the years, not so much when the girls were there, but when the boys were there, there were issues, lots of issues with noise. On a few occasions, some visitors arrived with massive car stereos that were so loud that literally rattled the windows in our houses, which had to be solved by the police. The bus stop for the young men was directly in front of our house, which also brought a number of issues as you know, high schoolers get on the bus fairly early. So we had a lot of noise early in the morning, we had young men running through the yard, young men on our porch, damage to our mailbox. This was finally solved, talking to the school long enough that they moved the bus stop. In the evaluation recommendation section of the report, it says given that the use is not changing, if this proposed length of stay change is approved and the other recommended changes are implemented, this will be a very different situation than we've ever seen with this group home in our neighborhood. Previously residents were only there for a couple of weeks and they went to school all day, so they really weren't on site for a very long period of time. In this proposal, they will be onsite all the time. And if there are 15 or 20 residents in this small building, and it is a small building and I urge you to walk through it, it's not a big space. And they're there for weeks and months on end, especially the older ones, and they can be up to 17 or 18, they're gonna get bored and they're gonna get restless. That's gonna be a challenge for whoever is running the operation. It is small. I think in the time I've only about eight boys there and that's probably about the right number. There have only ever been girls there or boys separately. This proposal has both sexes, again in a small space; I'm concerned with what that might look like and how safe that might be. In a staff recommendation, it notes that this use is compatible with the surrounding area. The biggest thing in this surrounding area is the elementary school adjacent to this facility just a short distance over a small parking lot. The school's recess area is right next to this home where there could be, you know, up to 20 people in their late teens leaving there for long periods of times. Children also use the school's recess area for afterschool activities and play there. So this proposal could have 15 to 20 kids, some number of them be 16, 17 years old for weeks or months or unlimited amount of time in the small place. I am concerned with the interaction with five to basically 11 years old at this elementary school, day in and day out. The surrounding community, the area right next to this church and this facility is all about the elementary school and those kids, so my concerns with the allowed number of residents, the length of stay, which facilitates the number of residents and the age of the residents. Thank you all very much. Mr. Alcaraz: Thank you. Are there any questions? Yes, Mr. Plumlee. Mr. Plumlee: Mr. Zecchini, so you described the actions prior to, and you said that there were issues with regards to people coming into your yard, but the bus stop was moved in response to your complaints, is that fair? Mr. Alcaraz: Yes sir. Mr. Plumlee: And typically has the church been responsive to the issues that have been brought up by the neighborhood over the years when those issues arose? Mr. Zucchini: Well, sometimes the church has, sometimes the church hasn't. I said with the car issue, it was amazing the volume that these car stereos could put out. mean, I know one of the other neighbors ended up calling the police, I don't know who ended up resolving it, whether it was the police or the church, but you know, that happened a few times and it was amazingly loud. It's just a shame that you really have to call anybody, and these kids were there for a short amount of time. I'm really concerned if you have teens or you've raised teens or you've done things with groups of teens, they're gonna be in the space potentially that's small for a long amount of time. And if you don't keep them very engaged, things can happen and that's a real concern. Mr. Plumlee: Have you had a chance to express all of your concerns with the time that you're given? Mr. Zecchini: Yes sir. I have. It's tough to pack it all in, but it. I would like to say, I guess one final thing, I appreciate Michaela McKinney answering all my questions, I called and had a large number of questions and I appreciate Jay Brown. We had a very good lengthy phone call, and I appreciate your time sir, and answering my questions as well. Mr. Plumlee: All right, thank you. Appreciate it. Madam Clerk: Eloise Zecchini, followed by Steve Nimitz. Ms. Zecchini: Good afternoon. Thank you for letting us speak and get our concerns out. understand that most of the questions. Mr. Alcaraz: Can you just say your name for the recording? Ms. Zecchini: Oh, sorry about that. I am Eloise Zecchini. Mr. Alcaraz: Thank you. Ms. Zecchini: I live across the street from the Catholic Church, most of the questions you're hearing today are about things that are not under your cognizant, you know, we're here to decide whether we're going from two weeks to 90 days or to an unlimited amount of stay here. And I understand that but understand that this is the only forum we've been given, you know, it's already in a conditional use for a group home. As I understand it, there are really no limitations on what can go over there. So, we're very thankful that, you know, a reputable corporation or a company, a group of people are putting this on, but, you know, this is our only chance to get our concerns out, so thank you. Again, the highest concern is the location adjacent to the elementary school. I'd like to respectfully request deferral of item 10 based on the fact that the written and posted notifications stated an increase from two weeks to 90 days, and staff has recommended an unlimited stay based on the Zoning Ordinance, and I understand all that. It's just that is a big change in what we were, you know, seeing, what we've seen on the sign and what we've gotten at our homes as the notification. So, I believe there would be a more interest that just kind of change things. So, I believe there would be more interest in this agenda item, if it were deferred to another date and that's all I have. Thank you. Mr. Alcaraz: All right. Thank you. Any questions? All right, thank you. Madam Clerk: Our final speaker is Steve Nimitz. Mr. Nimitz: My name is Steve Nimitz. I'm the President of the King's Grant Community League. So, I guess that means I get a little extra time if I do run long. Mr. Alcaraz: You do get 10 minutes. Mr. Nimitz: So good afternoon, ladies and gentlemen, I've been the president of the King's Grant Community League for about eight years. During that time, we have successfully navigated any issues that arise with the two group homes that exist in our neighborhood, both were operated by the Seton organization. The Community League has approximately 1600 homes within our purview. About 350 of those are current dues paying members that receive our notifications. I'm here to provide comments on not just the application, but the process. And think some of my comments will echo what you heard from two others that spoke ahead of me. The building at the Catholic Church that has proposed to house this group home served as such for many years. In fact, the Seton operates two shelters within my community and operated them until the church unilaterally canceled or terminated the lease of the boys' shelter on this property back in 2021. The second shelter was opened after lengthy dialogue between its host church, the Seton House, and the King's Grant Community League. Today, the Community League continues to have representation on our board by Seton, which was a condition that this commission placed when that second shelter was proposed. No such dialogue has occurred for this application. I wrote to the city planner on March 31st citing a lack of understanding, meaning no details about this application, and suggested this item be deferred for a month or until after the staff reports were available and we had an opportunity to engage our community. To date, I've not gotten any reply. Unlike the earlier Conditional Use Permit for the Seton shelter, no one in the King's Grant Community League has been contacted by either the church or by anybody in the Planning department. The staff reports were posted on the 6th of April. They do not represent a clear picture of what this change is about. Of most concern is the staff proposal to change the duration of occupancy from its current and beyond the church's proposal for 90-day limit to an unlimited stay, which would in effect make this an apartment house within King's Grant. The education impact is another concern raised by members of my community. The church's application states that there would be no public schooling of the residents of this home. There is a school next door, as you heard earlier, which is a concern, but we do not as a community understand how 5 to 17 year olds can exist in this building for months on end without some type of schooling and where would that occur? So, the conditions well, I think the conditions that were within the church's application and cite some of my concerns here, ought to be part of the conditions for approval and be adequately documented the age of the students or the age of the residents there. And I've heard things from an upper limit of 17 to an upper limit of 21. So, I'm not sure what the actual age is for the person staying there and how that will be managed. The duration of stay I think we could accept 90 days. The community does not accept an unlimited duration of stay, and there should be some mention, at least as a condition of what the education plan is if none, for the residents of that home. For instance, no use of the public school, no use of school transportation, those type things, which was those types of considerations were in the last conditional use permit that was provided in 2005 for the second Seton shelter, which is currently occupied by girls at the intersection of Edinburgh and Kings Grant Road. So, this community that represent is residential. It's almost entirely single family homes. There are a few non-single families near this property that are duplexes, but a group home without conditions is not compatible with the residential nature of this neighborhood. Thank you. Mr. Alcaraz: Are there any questions? None. Okay. Thank you, sir. Come back, Mr. Plumlee. Mr. Plumlee: I was deep in thought. Sorry. Tell me your name again, I'm sorry. Mr. Nimitz: Steve Nimitz. Mr. Plumlee: So, you mentioned that a 90-day limitation would be agreeable to the community is your understanding. Mr. Nimitz: And we have not had the opportunity to fully canvas our community because the staff reports were not posted until the fifth, I think it was the fifth of this month and the application, excuse me, the application that was available online with the agenda that was posted merely cited the 90-day limit. It didn't really go into any of the other details that involving education and those types of things. Mr. Plumlee: Okay. And the other issues you brought out were education and the age of the resident. And you've not received information regarding that or were told there would not be any educational requirements or understanding? Mr. Nimitz: That's correct. So, my concern is that if we approve a group home without conditions of duration and such, that this group home could then change purposes several years from now and become something else with no further action required here by this body. Mr. Alcaraz: When you say without conditions, what? Mr. Nimitz: Well, I don't know what the conditions that were imposed when this home was originally created in 1984. Mr. Alcaraz: Okay. Mr. Nimitz: I have no record of that. I do have records of all the proffers that were in place when the second group home was established in 2005. Mr. Alcaraz: And have you had any concerns with the community that you're with for the past 40 years over that? Mr. Nimitz: The good news is that we have a representative on our board from Seton and has been the same person for the last 18 years. And that person is the person we go to when we have issues with parking, kids wandering the street, those types of things. And so we don't engage the churches that host these properties, we engage the organization that operates those homes, which was Seton. Mr. Alcaraz: I'm gonna go back to, so you said parking. So there's a problem with parking when... Mr. Nimitz: At the girl shelter, which is at the intersection of King's Grant Edinburg. Mr. Alcaraz: Okay, but on this side, there is no parking. Mr. Nimitz: Not on this side, there's a huge parking lot on this side. But any issues in general with the group homes were dealt with by our representative on the board who also is on the Seton Board, so that's kind of how that process worked. Mr. Alcaraz: Thank you. Mr. Nimitz: Thank you. Mr. Alcaraz: All right, Mr. Brown, you can come forward and rebut. Mr. Brown: If it's okay, I'd like to introduce Ms. Jackson to talk about the specific operation that we have. Mr. Alcaraz: Please step forward and state your name. Ms. Jackson: Hi, my name is Lolita Jackson and I'm the program manager of the Virginia Beach Shelter. Mr. Alcaraz: Okay. What I'd like you to do is just rebut on what was said. So we don't have to go through the whole thing. Ms. Jackson: Our age group is from 5 to 17. We will not have any... Mr. Alcaraz: Just come closer to the mic. Ms. Jackson: Our age group that we serve is from ages 5 to 17. We will not serve anyone over the age of 17. As far as we have a safety plan in place where the children will never be unsupervised outside of the building, whenever they leave the building, they will be accompanied by a staff member. They will not venture over until we will not use the school area. We will not be affiliated with that area at all. As far as the educational plan, we have a certified ESL teacher on staff and an education assistant as well. Mr. Alcaraz: Okay. Thank you. Let them finish. Then we'll go to questions. Go ahead Mr. Brown. You wanna rebuttal anything? Mr. Brown: Just simply say that, that all education services are operated on site. That's built into the operation. But we're happy to answer any additional questions if there are any. Mr. Alcaraz: I'm gonna turn it over to the Commissioners. Mr. Coston, go ahead. Mr. Coston: How many residents at a time? Mr. Brown: Up to 10. We will not have more than 10 at a time. Mr. Coston: Okay. Please come forward so we can get on the record when, whatever your answer is. We have it recorded. Mr. Brown: I'm sorry, up to 10. We will not have more than 10 residents at a time. Mr. Alcaraz: Anything else, Mr. Coston? Ms. Cuellar? Ms. Cuellar: Yes. My question is when you first submitted your application, could you help us better understand why you selected 90 days? Mr. Jackson: Well, the 90 days is our process where we are clearing a sponsor. We very rarely go up to 90 days. We actually go between two weeks and 30 days. We need the 90 days just in case it takes us longer to clear a certain sponsor. Ms. Cuellar: Okay. And then my question is for our City Attorney in regard to our Zoning Ordinance, in the course of the research for this application, Ms. McKinney shared with us that there is no restriction as to how long a resident can stay in a group home. Could you just clarify that point of law for us? Ms. Wilson: Thank you. In the group home definition, there is no limitation as to time limits. However, if everyone agrees to the time limits, then it would be fine to put it in there, but we cannot impose a time limit. We, being the Planning Commission. Mr. Alcaraz: Thank you. Any other questions, Mr. Plumlee? Mr. Plumlee: I have a question. Okay, so 90 days is agreeable as a condition, ages 5 to 17 is agreeable as the condition and a limitation of residents up to 10 is an agreeable condition? Is that fair because this is like forming a contract? Mr. Brown: Yes. Mr. Plumlee: You know, a Conditional Use Permit, we set the conditions, you know, the city does and you can agree to it or reject it, but I just wanted to make clear that those were all agreeable conditions. Mr. Brown: Our preference is to operate a group home in conformance with the Zoning Ordinance. But if those conditions are necessary to get it through, we're happy to accept them. Mr. Plumlee: Thank you. Mr. Brown: All right. Thank you. Mr. Alcaraz: Mr. Clemons? Mr. Clemons: Yes. Thank you. I'm wondering, is there an admissions process or how are residents selected for the program? Ms. Jackson: We receive a referral from an intake facility down in Texas. And they're not local, they don't come from local organizations. We receive a referral, yes. Mr. Clemons: Is there any other screening that might take place beyond that? Ms. Jackson: Oh yes, we go through an extensive background process, a background check process yes sir. Mr. Clemons: Okay. Mr. Alcaraz: Good. Thank you. All right, Mr. Coston? Mr. Coston: Is there any anticipation of visitors? Ms. Jackson: No, the shelter is self-sufficient. The residents are not allowed to tell their families where we are, so there will be no visitation at the shelter. Mr. Alcaraz: Ms. Cuellar. Ms. Cuellar: My question, given the interest in our community with the change in the program at the Cabrini Center. Have you thought about a communication plan with your landlord St. Nicholas to inform not only the parishioners, but the greater community such as the King's Grant Civic League in regard to the operation or just, you know, some type of communication plan for an update as to how things are going? Mr. Brown: We certainly, you know, apologized to the King's Grant Civic Association, we didn't intend to leave them out. Our team had been in the neighborhoods knocking doors to try to communicate what was happening prior to posting our signs. We've met extensively with the parishioners of St. Nicholas and have largely allowed the parish to kind of drive communication regarding the proposed use given that it's their facility. We're certainly happy to attend any civic association, any community meeting to discuss our use, to discuss our program, to discuss our work and we'd certainly be happy for a seat on the board of the Kings Grant Civic Association as well. Ms. Cuellar: Thank you very much. Mr. Alcaraz: Is there any other. None, all right. Mr. Horsley: Yeah. I have a question. You said that these youngsters come to you by referral from Texas. Is that correct? Ms. Jackson: Yes. Mr. Horsley: So, is the gentleman right about it being illegal immigrants? Is that what they are and how can you do an extensive background check on those if they are illegal people? That's what I want to know. Ms. Jackson: We are doing the background check on the sponsors. The people that they're going to, the youth that come to us are children. They are between the ages of 5 and 17, and so there's no way to do an extensive background check on the child, and our background checks are geared toward the people that are receiving them. Mr. Horsley: So, what is your goal in 30 days say, what is your goal? What do you plan for those youngsters to go after that? Mr. Brown: Thank you for the question, Mr. Vice Chairman. So the ministry that we are conducting here, right is these children have come across the border. They've been apprehended by typically Customs and Border Patrol, and the Department of Homeland Security due to a number of federal policies and judicial settlements are not allowed to house these children. They need to be placed in the least restrictive setting possible for them, and so they are transferred to the Department of Health and Human Services under the custody of the Office of Refugee Resettlement. The Office of Refugee Resettlement then contracts with local state licensed facilities like Commonwealth Catholic Charities to care for these children and reunite them with their sponsors, with their family members who reside here in the United States. Processing, background checks, the determination of whether or not there's a reasonable case for that child to gain status in the United States. All of that happens prior to their arrival with us. Our job is to care for them, to educate them, to provide them with social assistance, with mental health assistance, with nutritional services, and to reunite them with their family. Mr. Horsley: So you plan to reunite them with their family that reside in the United States. Okay, so you have to go through the process of locating them and all that? Mr. Brown: Yes sir. We locate them. We conduct a background screenings and background checks to ensure that this is a safe place. We verify employment; we verify that these children can be supported, that they'll attend school. All of those things will take place while they're in our care. Our work will be certified by the Office of Refugee Resettlement of the Department of Health and Human Services and then we facilitate the connection of the child with their sponsor. Mr. Horsley: And they go back to their families, and you don't look, you don't try to find families locally to take them or whatever? Mr. Brown: Typically, there are not local families. We move these kids to wherever their family members are. Mr. Horsley: Okay, thank you. Mr. Brown: Yes sir. Mr. Alcaraz: Mr. Plumlee has another question. Mr. Plumlee: So there is a sponsor that's been identified prior to them being placed in this home. Is that fair? Mr. Brown: Yes. Mr. Plumlee: Okay. Thank you just wonderful. Mr. Alcaraz: All right, my turn. What I'm hearing this is, and correct me if I'm wrong, so this has been going on for 40 years and you've had a two week period to do all that you just said. So now you're asking for 90 days. Mr. Brown: Our partnership serving this population has extended back 40 years in a multiple different avenues and programs. We operate a very, very similar ministry to this one in the city of Richmond and that's where our experience is, that on average these children are with us for 27 days. We do allow for 90 based on the program rules because occasionally it takes us a little bit longer to ascertain who the sponsor is, how do we verify, where they are and the rest. But we've not yet had an experience where a child would be with us for longer than 90 days. The work of the staff upon arrival is to take care of these children, to verify who the sponsor is and to do the work necessary to reunite these children with that sponsor. So yes, it is rapid, it is very quick, and the team is extremely good at it. Mr. Alcaraz: So 90 days will actually help you do better at that. Mr. Brown: We don't have an issue with the 90-day restriction. The 90-day restriction does not... Mr. Alcaraz: Versus two weeks is a big difference. Mr. Brown: Oh certainly, yes, absolutely. I mean, we are asking for the extension to 90 days because it is essential for us to make sure that we can fully process the sponsors and make sure these kids will be safe on the other end. Mr. Alcaraz: All right. Any other questions? All right. You may be seated right now. We're gonna close it to public comment and I'm gonna open for discussion with the Commissioners. Once we have that discussion and anyone wants to speak, we can go ahead and have somebody make a motion. Mr. Plumlee. Mr. Plumlee: I would just like to say, I know there was some surprise to this item for the community, and they thought that they didn't have sufficient time to delve into this issue; however, I would be supportive of a recommendation for approval to City Council with the conditions that we've talked about 10 residents, 5 to 17 years of age that they have a sponsor before they're coming and that it's for this 90-day period of time, I would be in favor if we can condition it that way the recommendation, and since we're simply making a recommendation, you all have another chance, another body to go before and express any continuing, you know, objection that you have. So I'm not sure you're missing any opportunity to be heard with this recommendation. So I just wanted to make that point. Mr. Alcaraz: All right, Mr. Plumlee. Ms. Cuellar, go ahead. Ms. Cuellar: So first and foremost, I recognize that this is a very complex issue that Commonwealth Catholic Charities is stepping up to address and to support in our community. Having that said, I do would feel more comfortable based on the concerns of not only the letters and the calls that I've received is to moving forward with the condition of 90 days. I think too, what we're also reading here, it said up to 20 children but if it's truly gonna be more than 10, I think if we become a little more restrictive in our conditions, then it would be a compromise at this point before we move to City Council, if more citizens would like to come out and speak on this from Kings Grant. Mr. Alcaraz: All right, is anybody else like to, Mr. Horsley? Mr. Horsley: I'd just like to ask Kay, if you would, is it legal? What I mean, we're land use, mean we determine what the property is used for and can we put these conditions on a land use property? I mean, I don't think anybody's having a problem with it being a group home, but I think it's and that's really what our job is to say, if it's a group, we can have a group home here or not, but can we put these conditions on it legally? Ms. Wilson: Yes, as long as everyone agrees to these conditions, what my suggestion is that we, the last section we make these conditions part of a section that says in compromise with the community, everyone agrees that these conditions shall apply. That way, if anybody looks at it in 20 years, they know that we all agree to these conditions and that's why they're on. It's not that we impose them because we wouldn't have a right to impose them on them, particularly in the 90 days, but the other is we probably could, a Conditional Use Permit, you put conditions on so that it fits better in the neighborhood. So that's exactly what these conditions are doing. Mr. Horsley: Okay. So they've agreed. They have agreed. So we are good to go. Ms. Wilson: So we're good. Mr. Alcaraz: Okay. So let me make sure because one thing that I didn't know in agreement with the applicant was the 10 was that, I hate to ask you, Mr. Brown, even though we're closed, may I ask him to come up? Mr. Brown, may you come up please. A statement was just made from 20 to 10, does that sound right? Ms. Wilson: Yeah, that's what I heard from your program director, you wouldn't have any more than 10 at one time? Mr. Brown: Yes ma'am. Ms. Wilson: So I wanna be sensitive to that, this current recommendation is that? Mr. Brown: Yes, the maximum occupancy that we would anticipate is 10. We're happy to accept that as a compromise. Mr. Alcaraz: Did you have anything else to say before? Mr. Brown: I mean, I think the conditions that we are glad to accept is the 90-day limit, there said the 10 children and the age range from 5 to 17. Mr. Alcaraz: Thank you sir. Mr. Brown: Yes sir. Thank you. Mr. Alcaraz: Is there any other, anybody else? I'm sorry sir, we're closed. Yes, Miss. Ms. Cuellar: So Kay help us also with, did you have something? Mr. Alcaraz: Yes, go ahead. Ms. Estaris: What would happen if a child was to stay more than 90 days? What would be the situation? Ms. Wilson: They would be in violation of their Conditional Use Permit. But I get the feeling that, you know, there may be a child and he's there 92 days because somebody's car got broken down on the way from Pennsylvania. Then I think that's not something that we would bring in them in and ask to have their Conditional Use Permit vacated or gotten rid of, if you end up with, you know, the next 20 children are all there six months, then yeah, then we would have to bring them back in. Mr. Alcaraz: Mr. Plumlee. Mr. Plumlee: Yeah, they would just be subject to revocation at that point. They could have it revoked if they were to, as she said consistently exceed the time that would be the subject. Mr. Alcaraz: All right, Ms. Cuellar. Ms. Cuellar: One thing I was hoping to get a clarification on is that Mr. Nimitz mentioned that for Seton House, for the girls' property at the front of Edinburgh and King's Grant Road, that there's a representative on that board. Was there anything, Ms. McKinney? I'm not seeing Michaela here in regard to Seton House having a position, excuse me, the Civic League having a position on Seton House, the boys home. Ms. Alcock: We did not have a condition to that effect. Ms. Cuellar: No condition. Ms. Alcock: No ma'am. Mr. Alcaraz: All right. Thank you. It looks like we've had our discussion. Everyone's expressed their concerns and asked their questions, and is there anyone like to entertain a motion? Ms. Cuellar? Ms. Cuellar: I move that we approve the Modifications of Conditions with the compromise that we discussed here today. Mr. Alcaraz: Can you please state that? Ms. Cuellar: Okay. Mr. Alcaraz: Just the three... Ms. Cuellar: Oh pardon me, I'm sorry, yes. The three conditions would be that no more than 10 children between the ages of 5 and 17 will be in attendance, excuse me, in residence at the Cabrini Center and for no more than 90 days. Mr. Alcaraz: Thank you. Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Madam Clerk: Vote is open. By a vote of seven in favor, zero against with an abstention noted by Commissioner Horsley, is your vote an aye? Mr. Horsley: Yes. Madam Clerk: Okay. Corrected, by vote of eight in favor, zero against agenda item number 10 has been recommended for approval with conditions as amended. Mr. Alcaraz: All right. Thank you. Thank you for attending, and that concludes our formal meeting. AYE 8 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks ABSENT Plumlee AYE CONDITIONS 1. All conditions attached to the previous Conditional Use Permit granted on February 6, 1964, are hereby deleted, and superseded by the following conditions. 2. The proposed building shall be improved in substantial conformance with the submitted architectural renderings entitled "ST NICHOLAS BUILDING PLANS", prepared by R.P. Morgan. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Department of Planning & Community Development. 3. All existing landscaping on the property shall be retained and maintained. 4. The number of children associated with this conditional use permit shall be limited to 20 children or as determined by the occupancy load set by the Building Official's Office for this Group Home, whichever count is lower 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official prior to the occupancy of the Group Home. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning & Community Development is required for any new signage installed on site. 7. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CONDITIONS OF 1984 CONDITIONAL USE PERMIT APPROVAL 1. Installation of automatic sprinkler and fire alarm systems meeting the approval of the Fire Protection Engineer. 2. Limitation of twenty children, each to be housed for a maximum of two weeks. Date: /A'7 l A 3 Virginia Beach City Council 2401 Courthouse Dr, Virginia Beach VA 23456 Dear Council Members, I am writing in regards to Commonwealth Catholic Charities' (CCC) application for operating an emergency shelter for children at 642, N. Lynnhaven Road, Virginia Beach VA 23452. I have been informed that the shelter will house 10-15 children and CCC intends for residents to remain for up to 90 days. I fully support CCC's proposal as it is a valuable service to the most vulnerable of all. Please feel free to contact me if you need more information. Respectfully, Name: �� Address: (!� n""� Contact Date: 2 41123 Virginia Beach City Council 2401 Courthouse Dr, Virginia Beach VA 23456 Dear Council Members, I am writing in regards to Commonwealth Catholic Charities' (CCC)application for operating an emergency shelter for children at 642, N. Lynnhaven Road, Virginia Beach VA 23452. I have been informed that the shelter will house 10-15 children and CCC intends for residents to remain for up to 90 days. I fully support CCC's proposal as it is a valuable service to the most vulnerable of all. Please feel free to contact me if you need more information. Respectfully, eC2J-ti\.XS—CLI2j,_ Name: , ro.\`•1 Address: Contact: S 7 en-- s-1--rox in1 C o r CI r' Date: ,‘"-4 9i ZU 23 Michaela McKinney,City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach,VA 23452 via email: mmckinney(c4vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24/7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Name: '7-,r1-0.2441 -' �j v0-0,1 Address: Contact: fig' L/emu born ,Qd i‘1,, / Date: ' Michaela McKinney,City Planner Virginia Beach Planning and Community Development 2875 Sabre St.,Suite 500 Virginia Beach,VA 23452 via email: mmckinney@vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452, thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24/7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all,children. Please feel free to contact me if you need more information. Respectfully, ihtl/W jittIA-4. Name: /L1 r5 . Tab;5 POVfl4- Address: Li L in.e,la/rild- � - 1 1�6 Contact: a'n nyrke L' (, a.h 4 ,ao i7) it :pewo3 :ssaippV :atuu ZOLS-ZL9-L5L peoli uow 6S9 uo Z ns ;o • •uopeuuoJut avow paau noA3i aut;oeluoo aa.rj Raj aseajd •jje jo ajpiauinn Ism'aql of aowas ajgenien a st jesodoad s,3DD izoddns/cIIn3 I 'sXep 06 do.ioj u3uzaz o�sivaptsai ioj spualuc D33 pug uaipjtgo SI-0I asnoq LIRA.raliags alp;eg.pauuo;ut wag• aneq I zct£Z dA gang etu12r1A`peo-a uanstiuuki -N`Zi79 3e uarpittio ioj xaltags/col:mam ua uE 2uzleiado ioj uoueotjdde(ODD) <satluegD otjoq J pBaMuounuo3 guipte2ai Ouptrnn um I `siaquraN iiouno3 iea j • 95b£Z VA tioraElEtut$r!A asnogl.mo3 IOiZ Itouno3 XID g3Eag E U1 I1 A EZOZ'8Z iniga j Peter C. Poirier 908 Kings Cross Virginia Beach, Virginia 23452 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach, Virginia 23456 Dear Council Members: I understand that Commonwealth Catholic Charities is applying for a license for an emergency shelter to accommodate up to 15 children under the age of 18 for up to 90 days at a time. The facility will operate as The Cabrini Shelter at St. Nicholas and will be located at 642 North Lynnhaven Road in ZIP Code 23452. As 24-year resident of 23452 I strongly support the application made in behalf of the proposed shelter. It will fulfill a real and well-defined need. In addition, it will signal the community's commitment to children and create a positive force for the future. I trust that Council shares the values of a local residential neighborhood that believes that the highest and best use of our resources is to protect and support children especially those who may be confronted with difficult challenges to their well being. Thank you for your thoughtful consideration and your support. Yours truly, muff . j �� Date: 4-PLIL 7 Z O Z1 Michaela McKinney,City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 via email: mmckinney@vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24'7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, v�= i AK tel ,'7c iirvi. • l Name: 2..0 v r s SGi fA mac'►( Address: 3'iJ3 r3tZvvLr 1A"4 (A7 vet 3y5 ?— Contact: L j Sc hb4Gec c e,in"/ (�ny, Date: Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach,VA 23452 via email: MMckinney@vbgov.com Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities'(CCC) application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time,that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Name: Emily Phillips Address: 3400 Archer Court,Va Beach,VA 23452 Contact: emamalis@yahoo.com. 913.526.9223 From: Chris Carrasco To: Michaela D.Mckinney Subject: Letter in Support of CCC Application Date: Wednesday,April 5,2023 1:12:37 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. April 5, 2023 Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 Email: mmckinney@vbgov.com Dear Ms. McKinney, As the pastor of King's Grant Presbyterian Church, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, allowing for persons to occupy facilities for up to 90 days to facilitate their proposal to run an emergency shelter for 10-15 unaccompanied children. I believe it would be a wonderful way to care for"the least of these" and fully in line with not only Christian beliefs,but also our responsibility as members of the human race. These children are the most vulnerable in our society and what an opportunity to care for them. Some members at King's Grant are already brainstorming ways we can help, such as providing clothing or meals. I do hope you will support and approve this request so the CCC, a leading provider of human services for children in Virginia, can further protect the most vulnerable people in our society, children. Please feel free to contact me if you need more information. Blessings, Rev. Dr. Chris Carrasco Pastor, King's Grant Presbyterian Church 745 Little Neck Road Virginia Beach, VA 23452 c.carrasco@kgpc.org From: Chris Andersen To: Michaela D.Mckinney Subject: Support for Commonwealth Catholic Charities Application for sheltering children Date: Wednesday,April 5,2023 3:56:22 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time,that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Chris Andersen Name: Chris Andersen Address: 3117 Audley Way, Virginia Beach, VA 23452 Contact: 757-769-1528 Date: Apr' ( 5 -t-67'3 Michaela McKinney, City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 • Virginia Beach, VA 23452 via email: mmckinney@vb.gov Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road, Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time and that the shelter will operate 24/7. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Name: Li`�".f`s d44"1 Address: z.tt-zr krl ti"lt"( lak , v+a 1gc{ , N z 5‘" Contact: 7 6 z� - z Date: 4.5.23 Michaela McKinney,City Planner Virginia Beach Planning and Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 via email: MMckinney@vbgov.com Dear Ms. McKinney, I am writing regarding Commonwealth Catholic Charities' (CCC)application to modify the existing conditions for the property located at 642 N. Lynnhaven Road,Virginia Beach VA 23452,thereby allowing for the continued operations of an emergency shelter for children. I have been informed that the shelter will house 10-15 unaccompanied children at any given time,that the shelter will operate 24/7, and it is my understanding that CCC is simply requesting that it be allowed to operate its facility according to the existing Zoning Ordinance. CCC is a leading provider of human services for children and families across the Commonwealth of Virginia, and I fully support CCC's proposal to safeguard and protect the most vulnerable of all, children. Please feel free to contact me if you need more information. Respectfully, Name:Amanda Pine Address: 745 Little Neck Road, Virginia Beach VA 23452 Contact: a.pine@kgpc.org; 703-625-7649 Date: 02/28/23 Virginia Beach City Council 2401 Courthouse Dr, Virginia Beach VA 23456 Dear Council Members. I am writing in regards to Commonwealth Catholic Charities' (CCC) application for operating an emergency shelter for children at 642,N. Lynnhaven Road, Virginia Beach VA 23452. I have been informed that the shelter will house 10-15 children and CCC intends for residents to remain for up to 90 days. I fully support CCC's proposal as it is a valuable service to the most vulnerable of all. Please feel free to contact me if you need more information. Respectfully, Name: Tommy Di Nardo Address: 746 Suffolk Lane, Virginia Beach, VA 23452 Contact: tedinardoga gmail.com, 757-408-6020 From: Jim Zecchini To: Michaela D.Mckinnev Subject: Commonwealth Catholic Charities proposal Date: Friday,March 31,2023 9:36:13 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. Michaela, Thank you for your help yesterday. As a family who lives across the street from St.Nicholas Catholic Church, we see reasons why the proposed modification of conditions, and future use will not be complementary for our community,especially for Kings Grant Elementary which is directly adjacent to the proposed property. Previously, displaced children were there for a couple of weeks and went to school during the day. This short time spent at the group home had little impact on the community. If this proposal is approved,the residents will be on site 24/7 for 90 days. Even if there is supervision,how will residents who are older, 16 or 17, be monitored around the clock for 90 days?This is especially a concern with the adjacent elementary school and its recess area being about 50 yards from the group home. That recess area is also used by a number of children's activities after school. Almost nothing will be known about the young adults who will be there for 90 days. The parish staff told me the residents will be people who came across the border unaccompanied by a relative.Nothing will be known about their background, history or ability to stay for 90 days successfully and safely. If approved and the flow of immigrants begins, how will the city control this situation? If the facility is full and new people are scheduled to arrive will the population grow if no place is available to send people? How will the city ensure that residents are under 18? On the chance they have a birth certificate how will its validity be verified?How will the city ensure older residents do not have a violent past? Finally,to date the facility has only had females or in later years, males only. Is the facility being properly modified to safely house females with males? Thank you for your consideration. Please call if you have any questions. Sincerely, Jim & Ellie Zecchini 757-373-1360 From: Steve Nimitz To: Michaela D.Mckinney Cc: board of Directors Subject: Modification of Conditions Application for Commonwealth Catholic Charities Date: Friday,March 31,2023 2:02:41 PM LCAUTION: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 Ms. McKinney, The application for Modification of Conditions for Commonwealth Catholic Charities is on the Planning Commission agenda for April 12th. The location of the group home at St Nicholas Catholic Church that is the subject of this application is within the King's Grant community. To date, no one representing the applicant has contacted the officers or directors of the King's Grant Community League (KGCL)to provide information about the requested changes to Conditional Use and to address concerns that members of our community are beginning to voice. I expected that there would be outreach from the church as it pertains to the non-conforming use of the church's property. There has been none. Lack of information, including a completed staff brief for the Planning Commission,f prevents the KGCL from having a meaningful dialogue with neighborhood homeowners. In view of the short remaining time before the Planning Commission's scheduled vote on this application, I believe the item should be deferred from the April agenda to fully understand the applicant's proposal, give the King's Grant Community League time to consult with its members, hear their concerns, and provide the Planning Commission with our approval / disapproval. Sincerely, Steve Nlmitz President, King's Grant Community League 757-348-7920 February 20, 2023 Virginia Beach City Council 2401 Courthouse Drive Virginia Beach,VA 23456 City Council and Citizens of Virginia Beach : My name is Donald M Leneski and I am an active parishioner of St Nicholas for over 50 years. I am a business owner and have been a resident of Virginia Beach for over 50 years I am opposed to the CCC Cabrini Shelter at St Nicholas by Commonwealth Catholic Charities(CCC) as proposed before the City Council today. I was on the St Nicholas Parish Council when the Chair of the CCC presented their original proposal. I had questions then and to date have not received any satisfactory explanation including what is before the City Council today. Please discover: Who is personally responsible and in charge of this program? Who's name is on the real estate lease for Cabrini Shelter with St Nicholas? Cabrini Shelter is secular.This is a business venture.The Federal government will pay$15000/mo for each Refugee Unaccompanied Minor(RUM).As proposed,this would income of$675000 for ninety days. Please confirm. The declaration by the proponents of this proposal that the RUM are vetted, have birth certificates and have family waiting for their release is extremely questionable and problematic. Bringing these Refugee Unaccompanied Minors to the Little Neck community or anywhere else, as proposed, is not in the best interests of the City and the Little Neck area. Therefore, I pray the City Council do their diligence and investigate and answer all questions before this program, as proposed,goes forward. Personally I believe the welfare of all concerned is at peril should this matter be advanced. Reg ds Don Id M L eski 1201 Sycamore Road Virginia Beach,VA 23452 'Cc: Pastor St Nicholas Catholic Church Catholic Diocese of Richmond S B SY1cIS, ! OUPDON, A L AHERN ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN 4429 BONNEY ROAD SUITE 500 R. EDWARD BOURDON, JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 June 12, 2023 MARK R. RRETT MOLLY R.A KISER KIRK B. LEVY MICHAEL J. LEVY* HOWARD R. SYKES, JR. DAVID M. ZOBEL Via Email and Hand Delivery 'Admitted in Virginia and Washington DC The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Application of Thomas A. Brown for a Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Ordinance for the purpose of resubdividing four (4) existing parcels containing 7.48 acres on a 15 foot wide private ingress/egress easement(Private Road)on the north side of Indian River Road (nearest address 2888 Indian River Road) on your June 20, 2023 City Council Agenda; Request for Deferral to the July 11,2023 City Council Agenda Dear Mayor Dyer,Vice Mayor Wilson and Honorable Members of City Council: Due to the fact that a companion Application involving two (2) other existing non- conforming parcels for which similar Subdivision Variances are being sought, was not scheduled for your June 20, 2023 Public Hearing, we are respectfully asking that the subject application on your June 20, 2023 Agenda be deferred. These companion Applications seek to make the existing parcels more conforming and unified in their access point. The companion Application which is not on your June 20,2023 Agenda was heard by Council in August of 2021 and indefinitely deferred. Please defer this application to your July 11, 2023 Public Hearing, so that these Applications involving contiguous parcels, shared access and extended public sewer service can be heard and acted upon together. We are endeavoring to notify the interested parties in The Villages at West Neck who participated in the Planning Commission's Public Hearing in May of this request to reschedule on July 11, 2023 so as not to inconvenience anyone. Thank you for your courtesy and consideration. 13 SYKES, BOURDON, \ I_ AHERN&LEVY,PG The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council June 12,2023 Page 2 With best regards, I am V yours, R. ward Bourdon,Jr. REBjr/arhm cc: Thomas A.Brown Kathy Warren,Interim Director,Department of Planning&Community Development B.Kay Wilson,Deputy City Attorney Aubrey Trebilcock,Planner,Department of Planning&Community Development H:\AM\^'Subdivision Variance\^'Brown\Lauren Lane\Dyer_Ltr 6-12-2023.docx A�+ - :PDH1 • PDH1 PD;H1 PDH1 s� . .A\------- / - i 6 , \ _,_ ,-- c3/8 / P D�H�1 PDH1 es _ D Hri1�- / maw �H�1 a6D c=i, A 'I� V y__, I v ii,K, AG1 /C],[--- ---7'+ DH1KJN / 1 767 PDH�1 ,,,,, _v'\3 ; 7 ,/ a,. . 0 AG1 C.) `f 0 00 \ / / , / AG2 0 '1 , > */ / / PDHI--,/3 , / / , j / 4, _____ __, / /, ,// „______. '; (7\2 ///z_ ri, Site Thomas A. Brown N Property Polygons 2888 Indian River Road, parcel north of w.W E 2888 Indian River Road, and t wo parcels on the east S Zoning Building side of a 15-foot wide private Lane, north of Indian 72iver :2oad - — — 11 .1Feet 0 40 80 160 240 320 400 480 r 4u�,„„ „J. ., c _.,,, 1 .,.. r'r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS A. BROWN [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations)for the property located at and adjacent to 2888 Indian River Road (GPINs 14933480820000, 14934402160000, 14933398000000, 14934400020000). COUNCIL DISTRICT 2 MEETING DATE: June 20, 2023 • Background: The applicant is proposing to reconfigure the boundaries of four existing parcels along a private lane. Since these lots will not have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance is required. As each lot has a street-line frontage of zero feet along a public right-of- way, and the AG-1 Zoning District requires a minimum frontage of 120 feet, a variance to Section 4.4(b) is also required. • Considerations: The parcels are zoned AG-1 Agriculture and are within the Interfacility Traffic Area (ITA), which limits density to one dwelling unit per 15 acres. While the subject parcels only contain a total of 7.48 acres, the proposal would not increase density beyond what is presently available. The proposed reconfiguration would result in more uniform parcels that meet the 1 acre minimum lot area requirement and the minimum 150-feet lot width requirement for properties zoned AG-1. Additionally, the applicant intends to pave and widen the existing private lane to accommodate emergency vehicles and extend City sanitary sewer to the site. No city defined wetlands or floodplains are present on site. The applicant will work with DEQ and/or Army Corp of Engineers regarding potential presence of jurisdictional wetlands. Staff received 6 letters of opposition to the application, 5 of which were from residences immediately adjacent to the subject property. Three of those residents also spoke in opposition at the Planning Commission hearing. In response to concerns expressed by neighbors regarding potential impacts to drainage due to the removal of trees, the applicant has conditioned to include a 20-foot wide Tree Preservation Easement and a 35,732 square foot Natural Area Preservation Easement. Another condition recommended by staff would require the four lots to be submitted as a comprehensive (multi-lot) site plan to address stormwater management and public utilities. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. . Thomas A. Brown Page 2 of 3 • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/- and West Neck 4.77 Acres and West Neck Parcel" and dated March 15, 2023, and prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant/owner shall be required to create the private right-of-way and widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress and Maintenance Easement along with the dedication of a Public Utility Easement with the Resubdivision Plat, creating the expanded 25' wide private right-of-way from Indian River Road to the subject parcels. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easement shall mandate that Parcels 4, 5, 6, and 7 shall be responsible, along with the applicant's three (3) other parcels using the Private Road for access, which shall also be subject to the Declaration of Easement and for the pro rata share of the costs of maintaining the Private Road. 5. The applicant/owner will retain, and if necessary, supplement, a 20' treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. Thomas A. Brown Page 3 of 3 6. The applicant/owner shall be responsible for extending City sanitary sewer service to each parcel and prior to development, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. A Natural Area Preservation Easement shall be established and depicted on the Resubdivision Plat for the 35,732 square foot area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The four(4) lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Opposition (6) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner:Thomas A. Brown Agenda Item Planning Commission Public Hearing May 10, 2023 r_\1 City Council District 2, formerly Princess Anne , 'B 1 0 Virginia Beach Request Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) _ 1111:1".: . kw... Staff Recommendation Approval N G .. 4 ,_ _ , Staff Planner 00E 0�°p�, N Aubrey A.Trebilcock i r " 4 ,.;,i if c Location 4;/ 2888 Indian River Road ' ' GPINs 1493339800, 1493440002, 1493348082, 01111111P / 1493440216 "'kt Site Size �JtA�""`°, iii 7.48 acres AICUZ 65-70 dB D N L _ Watershed Southern Rivers Existing Land Use and Zoning District r__ . '.. . .'"' . Vacant, wooded parcels /AG-1 Agricultural � r _ ` r ••*` ,, - '_f i Surrounding Land Uses and Zoning Districts g"..r _ i:,�� A * , ._:.-_... __..! North 'E4c'_NcE =�� ;• `�r' � Single-family dwellings / PD-H1 Planned Unit .44's '` ..k ` ` . ZA Development 'lam f� `' South 11 ; 4 -i/, Undeveloped Land/AG-1 &AG-2 Agricultural -,' ,� - ' • East '" 4 ClitRIA+‘&44he' 'i414.it..'s , hs Undeveloped land/AG-2 Agricultural �`` West s { . . Single-family dwellings, wooded parcels/ PD-H1 ' ,,.. " t , ., 4 Planned Unit Development , .} . Thomas A. Brown Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to reconfigure the boundaries of the four subject parcels, none of which have direct access to a public street. The parcels are zoned AG-1 Agriculture and are within the Interfacility Traffic Area (ITA), which has a recommended density of one dwelling unit per 15 acres. • The 10,000 square foot parcel (GPIN 14933480820000), addressed as 2888 Indian River Road, was improperly created by deed in Deed Book 691, Page 541 in 1961. It previously contained a single-family dwelling that was demolished in 2019. • The 2-acre parcel (GPIN 14934402160000) was legally subdivided by plat in Map Book 62, Page 43 in 1964 and is therefore a legal parcel capable of by-right development. • The 1.58-acre parcel (GPIN 14934400020000) was legally subdivided by plat in MB 44, Page 12A, and as described in Deed Book 514, Page 414,which was recorded in 1957. The property can therefore be developed by-right in its current state. • The 3.66-acre parcel (GPIN 14933398000000) is a residual piece from a 5-acre parcel that was legally created by Deed Book 224A, Page 271 in 1942. This 5-acre parcel would have been able to develop by right, however, it was improperly subdivided by deed to create two new parcels in Deed Book 684, Page 347 (recorded in 1961) and Instrument Number 200301030001716 (recorded in 2002). The 3.66-acre parcel requires a plat to be recorded for any future development, necessitating the need for this variance. • The proposal results in four parcels with square footages ranging between 1.19 to 2.66 acres along a private lane. Since these lots will not have direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations, a variance is required. Section 4.4(b) of the Subdivision Regulations requires that all created lots meet the minimum dimensional requirements of the Zoning Ordinance.As each lot has a street-line frontage of zero feet along a public right-of-way, and the AG-1 Zoning District requires a minimum frontage of 120 feet, a variance to Section 4.4(b) is also required. Existing Street Proposed Existing Lot Existing Lot Line Frontage in p Width Proposed Lot Area Proposed Lot Proposed AG-1 Street Line Width Area Parcel Frontage (Required 150 (Required 1 (Required 120 (feet) (acres) (feet) feet) acre) feet) Parcel 4 0 0* 100 290 0.23 1.19 Parcel 5 0 0* 380 250 2.00 2.66 Parcel 6 0 0* 1,270 280 3.66 1.45 Parcel 7 0 0* 615 296 1.58 2.18 *Variance requested Thomas A. Brown Agenda Item 10 Page 2 ,___,a, Put,,, ter' +i' ` I 'r , r_, -4;:- -1'17- �} _ \PC*" r i. �;� �` 4 - " Zoning History ,/� ('i1 fi -,, b-- # Request ,v 00 , /�" .� 1 CUP(Funeral Home,Cemetery, Crematorium)Approved ROFl1 k # ,`.: , -�' 03/09/1999 ` > eAr� 2 CUP(Planned Unit Development)Approved 05/11/1999 J /� 4 �cu MOD Approved 05/13/2008 3 CRZ(AG-2 to Conditional B-2)Approved 07/07/2009 ��� 1 4 SVR Approved 09/15/2015 i � POI, t+ Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The proposed reconfiguration of the existing parcels will not further increase the degree of nonconformity.All four parcels will continue to exist without direct access to a public street and therefore continue to have a street-line frontage of zero feet where the Zoning Ordinance required a street-line frontage of 120 feet for property zoned AG-1 Agricultural District. The proposal would allow all four parcels to meet the minimum lot area (1 acre) and lot width requirements (150 feet) of the Agriculture Zoning District and improve access via a widened and paved private road. The subject parcels lie within the AG-1 Agriculture Zoning District and the Interfacility Traffic Area (ITA) Overlay. The requirements of both the zoning district and the overlay limit residential development to one dwelling unit per fifteen (15) acres of developable land for newly created parcels. As the entirety of this proposal only covers 7.48 acres, it then becomes important to demonstrate that approval of these parcels would not constitute an increase in density beyond what currently exists. Thomas A. Brown Agenda Item 10 Page 3 The existing 2-acre and-1.58-acre parcels were legally created by plats in 1964 and 1957 respectively. As such they currently exist as buildable lots with the right to construct one single-family dwelling each. The 10,000 square foot parcel was improperly created by deed in Deed Book 691, Page 541 in 1961. This is similar in nature to 2884 Indian River Road,the property directly to the south, which was also created improperly by deed and granted a Subdivision Variance in 2015 for lack of direct access to a public street and street-line frontage. Unlike 2884 Indian River Road,the 10,000 square foot parcel contained an existing single-family dwelling, built in 1950, until its demolition in 2019. The proposal would therefore not increase the physical density of the area beyond what existed prior to the current Zoning and the Subdivision Regulations. It would also serve to increase the size and width of this parcel to be compliant with the current Zoning Regulations. The 3.66-acre parcel is a residual piece from a 5-acre parcel that was legally created by Deed Book 224A, Page 271 in 1942. This 5-acre parcel would have been able to develop by right, however, it was improperly subdivided by deed to create two new parcels in Deed Book 684, Page 347 (recorded in 1961) and Instrument Number 200301030001716 (recorded in 2002). These two new parcels were purchased by the City of Virginia Beach as part of the Base Realignment and Closure (BRAC) program to reduce density in 2015. As the original 5-acre parcel would have been entitled to one single-family dwelling, and the two parcels created from it are in a program to prevent further development, development of the 3.66 residual piece would not increase density beyond what was originally established in 1942. As the proposal will allow for all lots to better meet the requirements of the Zoning Ordinance, while satisfying the density requirements and recommendations of the Comprehensive Plan and ITA and Vicinity Master Plan, Staff is recommending approval subject to the conditions below. Recommended Conditions 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/- and West Neck 4.77 Acres and West Neck Parcel" and dated March 15, 2023, and prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The applicant/owner shall be required to create the private right-of-way and widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress and Maintenance Easement along with the dedication of a Public Utility Easement with the Resubdivision Plat, creating the expanded 25'wide private right-of-way from Indian River Road to the subject parcels. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easement shall mandate that Parcels 4, 5, 6, and 7 shall be responsible, along with the applicant's three (3)other parcels using the Private Road for access, which shall also be subject to the Declaration of Easement and for the pro rata share of the costs of maintaining the Private Road. Thomas A. Brown Agenda Item 10 Page 4 5. The applicant/owner will retain, and if necessary, supplement, a 20'treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted on the Resubdivision Plat,which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service to each parcel and prior to development, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. A Natural Area Preservation Easement shall be established and depicted on the Resubdivision Plat for the 35,732 square foot area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The four(4) lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot)site plan to address any proposed infrastructure including stormwater management and public utilities. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4.South Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduces by-right residential density, yet still offers a unique opportunity for education, entertainment, recreation, habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent for this area to become part of the urban area north of the Green Line. Instead,the general goals are for creation of quality development, a planned mix of public and private uses, exceptional open spaces, and to design with nature. In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area. The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There are no known natural or cultural resources associated with the sites. Thomas A. Brown Agenda Item 10 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,845 ADT1 15,000 ADT 1 LOS 4"D„ Existing Land Use 2—0 ADT Proposed Land Use 3—40 ADT 'Average Daily Trips 2 as defined by 0 Single Family 3 as defined by 4 Single Family 4 LOS=Level of Service Homes Homes Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road is in the vicinity of this application and is considered a two-lane minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot right-of-way for Indian River Rd. An undeveloped section of West Neck Parkway borders the subject properties. The Master Transportation Plan shows this section as a future expansion, but states that the alignment of West Neck Parkway(from North Landing Road to Indian River Road) has been moved to the area just west of Courthouse Estates to line up with the north-south portion of Landstown Road (from North Landing Road to Landstown Road).There are no current plans to expand the roadway. No Capital Improvement Projects are slated for this area. Public Utility Impacts Water City water is not readily available to the property. Health Department approval is required for private wells. A connection to City water may be possible via private easements. Sewer City sanitary sewer is not currently available to the property. Condition 6 requires all parcels to connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and April 30, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 24, 2023. • 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 May 4, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. Thomas A. Brown Agenda Item 10 Page 6 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16,2023. Thomas A. Brown Agenda Item 10 Page 7 Existing Site Layout N01P oR FORME Y f/ S7721f4eE CM OF VRttSARA BEACH (YIN: 1493-13-2693 (NS1R.120140903000637670) rIS11 :iS °FI . .-I..t---SVi 7l:10:•7X0ikt,, / 1WE N / ( 140)4 $qtr S 45 44 JJ%i1% 5711'J7 f N 0 a 2.0 acre Parcel " 9J9DIVI I. Y41AOE 1 r BEST MCA 3.66 acre 4t*1., (NSR.p019042`,�000B14310)WO OR fOR11ERtY `'�- Parcel o1YOF E +—_ - 9.-- � 06-R_201409050006iB7E-CPS.1493 34-eoe2 41 I w ( M.6 61.P.43J _ .., A' 90 0,000 sf ''i Parcel ls''�, 1.58 acre Parcel r It. /X"/ 11/ iili / . tii R. Thomas A. Brown Agenda Item 10 Page 8 Proposed Layout nC*OR=C•iN-2_Y CITY Y1(;IN'A:LAU, .. '49. 4. 7693 120 00' (NS1R.�?0.409050008 7870) 20'Tree • Preservation---- � � =N Easement �;��;� �o / // NILAC£c trE51 NECK\&\ (IN5*R j7 EST N5f;O0914370)tc E5 , \ _ k 41 43 V-"" PARCEL 5 115.975 MR. 2242 Ilan ,"0 J YY L E h a:# 54 ISTAal9fD r011 OR FORMERLY ` i AIM:1413-33-9800 ,4 j� ;(R15'R.pO910'1000862140 93 > , aY� I' PCCC4 OF 15'Rif ► ^ SUYLKEN Or NU CR+:;u00 (MB 92 P.�3J . u EMISI " < TNald_1 3i:MM —10 BE 1MGITF7) �'� 1ESt N=04 s ,.•1493-44-0 6 r 1-.t ,l 1.. 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II k a , .. it. ,, titi".... ,.. , topr rit: ,7 A •s • , ,.ill .- ,zio i .. } i10 1.:,' (Wi M 4 i' y f l.^ t 1 p-''-'':1 1 ice,a.~"F • F*T ..*.' • • :it zit ,-,,,, to -. , ,--, • .... . 1 lolt• t.- . , f r . ._ I ,, 1 k ___. ,_ _ , i tk ,, -o-r ' ,4v r-s€+ t ..p ,r` „a .. 4".-Ot- lq ,t�,''.K a !'mo w • r1., s •q'gM, '�~ f•' M _, x ' ° f •'s._iP!!Fr ' Mi.�L+."' ..• a 4_ aiR. - ,.t a ,4 'r. 4 ",- i1, s s'� — , — ,`l '' . l ` :'',.. 4. w i �, ,M+ !+; w` . �' fill, ' '' • ' ���+ {,Q lb ti � �' s J I a S ' • . fi - a Thomas A. Brown Agenda Item 10 Page 10 Site Photos .,, t _ rn .4 - ' '' *1 -•;li.. ,:ti' . fir.•. ' L •• • (fir•t Y , r I . E , plc .r'''.24iA�'_' ,+ N • - • F, f.-...ter ♦ � i ::*_I• - r• i� , , .., �.. *4.1 -...'..../CIA.. .. .4e$•••41 P. ...‘? . ' , 7 ,.,'.. ,!..... '.4,11it lc 4 14:rirt . •t'- 11 ;41:4 '41. ' . - ' f ' 1r a 1a • • • latteitiosoo.sttrjeNh y • Thomas A. Brown Agenda Item 10 Page 11 Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 10 Thomas A. Brown (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) & (d) of the Subdivision Regulations) RECOMMENDED FOR APPROVAL Mr. Alcaraz: All right. Thank you. What's our next item here? Number 10. Thomas Brown. Madam Clerk: Yeah, agenda item number 10, Thomas A. Brown is an application for a subdivision variance section 4.4(b) and (d) of the subdivision regulations at 2888 Indian River Road. The parcel north of 2888 Indian River Road and two parcels on the east of A 15-foot-wide private lane north of Indian River Road in Council district two. Mr. Alcaraz: Go ahead. Just state your name. Mr. Bourdon: I've got a handout that's a large plan that shows the what's before you today and also the plan that shows on a larger 11/17 that shows the ultimate development of these what are, what will actually be with the three parcels that are already before council that were before council and indefinitely deferred while we figured the title stuff out on this, which has taken, this application has taken quite a while because the title issues with regard to the two parcels on the, the east side of the private road. There were some complicated things that had to be, we had to go way back and everybody, staff were all in agreement that what's before us today or before you today are four parcels of land. All of which can have a resident constructed on them and served by private road. So, the variance that's requested is the same access only to be far improved as what exists today, but it'll be a better road in all respects. So, we've got, as Aubrey did an excellent job in the pre-briefing of explaining this. I'm not gonna go in all the details that, that's the first time I've ever written a three-page narrative on a subdivision variance to explain the title stuff and I'm not gonna get into all that. But so we've got, before you have four parcels upon which a house can be built on each one of them and this proposal is to reconfigure those parcels so that you have a much better pattern of development. The road, the private road will remain a private road, but there will be an additional dedication to increase its width from 15 feet to 25 feet per the conditions and as offered by Mr. Brown who's here today, that road will be improved to state fire prevention code standards. There will be a turnaround at the end of it that meets the City Ordinance requirements, very importantly, city sewer will be extended from Candle Pine Lane up this private road to serve all of the proposed dwellings, the four that are before you today. We have the density overall doesn't increase a bit. The density is just under one unit per two acres for the entire seven parcels that are in existence today, and that will be reconfigured four that are before you today, three that have already been recommended for approval and are before Council and this will go to Council together. The folks who live in the villages west neck abutting this property, their density over the entire development is two units per acre. Again, this is one per every two acres or just under, and the lots are obviously very small because they're clustered with the golf course that hopefully will come back one of these days. What we are doing is all the area at the very top north that's surrounded by property, owned by the City of Virginia Beach to both the east and the north, we're putting, agree to put a restriction on that property that'll be preserved as it is natural wooded area, enforceable by the city. We have no concerns if the Villages West Neck Homeowner Association wants to take some, you know, lead and making sure that that's stays the case moving forward, but that we'll, we're putting it in the deed restrictions and so that exists the same is true. We're talking about doing a 20 foot, retaining a 20-foot tree buffer on these properties adjacent to the existing homes in the Villages West Neck and that also applies to the three lots that are already before Council that are being reconfigured, that are closer to Indian River Road, that'll be serviced by this road. This road will have a shared maintenance agreement that all seven eventual houses to be built on, it will have to be responsible, will be solely responsible for its maintenance. Candle Pine Lane is similarly a private road, all this property was zoned agriculture unrestricted until 1968 and basically my characterization of that is zoning with no restrictions is really not zoning, and that's how this, you know, situation came to exist. Mr. Brown is doing what I think everyone a big service by having this property developed, you know, the way it should be developed, and most importantly to those who may be concerned about stormwater, the density of this property and the amount of trees, it certainly won't produce the stormwater. The lack of density won't produce the amount of stormwater that the surrounding existing developments have. The last condition, which we are not asking to be removed, but I just will point out the running of the models for this property wouldn't be required if we developed the lot as or the parcels as they currently are and Mr. Brown is agreeable to the condition, but just want me to put on the record that if it, because some of these models that they've never been run before experienced with this, they have errors in them. We've cleaned up a lot of that. The development community has sacrificed a lot of money in helping the city in that regard in some other sub catchment areas, but this development doesn't have the ability to have to do 10 or 12 runs of the model. So, we're not saying take it out, but I'm just putting that out there. If the modeling, you know, causes it to have to be run multiple times, that it may just go back to being developed as it is because it just won't be economically feasible to do all these other improvements and run the model time after time, after time. But we appreciate the staffs recommendation, hope that you all see the benefit of this as it's the best way for these properties to be developed and happy to answer any questions you may have. Mr. Alcaraz: All right. Any questions? All right, Mr. Bourdon, we'll have you give you a chance to rebut once we hear from some other speakers. Mr. Bourdon: Thank you, all right. Mr. Alcaraz: Go ahead. Madam Clerk: The first speaker is Albert Daley, followed by Keith Lynch. Mr. Alcaraz: Sir, you can just state your name. Mr. Daley: I am Albert Daley. Good afternoon, everyone. On a personal level, I'll be deeply saddened by the removal of nature for the construction project submitted for approval. The present condition of the surrounding land is a main reason for purchasing the property and purchasing the property in 2012. Hopefully the lots that are proposed will be big enough to minimize the natural impact and initially it did not seem probable that any construction would take place anytime soon as there was a proposed roadway that was far back on the list of improvements. The major concern for myself and think for most of my neighbors, is the drainage. Although I'm at the high end of Charisma Court, I had to spend over $7,000 to improve drainage, which included four drains and installing flower beds to try to soak up the water. The backyard was so wet, no grass would grow, and all we had was mud, as I consider myself the lucky one on the street in that regard. Although I still have some wet and muddy areas in my back and my side yards. I would just ask to please take into consideration the drainage problem with the removal of trees and the building up of the land for construction before approving this project. As you know, the area in question at this time is very swampy with little or no access. It's very concerning to think about more water runoff coming the way of the residents in our community. In addition to the above, some questions I have are who will monitor the condition of the proposed natural area to end of Charisma Court for any tree problems such as down to rotten trees that may be become a problem. Also, who will be responsible to make sure this stays a natural area, free of any clearing or any building, and who will maintain and monitor their proposed roadway into the construction site. Also, the traffic on Indian River Road is pretty dangerous with the narrow condition of the road and are there any plans to widen this road, especially with the current increase in developments? Lastly, if this plan has approved and proceeds forward, what if we still have flooding along the backyards of the property owners along Charisma Court and other affected homeowners? And I'd just like to thank everybody for this opportunity to voice my opinion and appreciate it, and everyone has a great day. Mr. Alcaraz: Mr. Daley, where do you live? Mr. Daley: Number 43 is my lot. Mr. Alcaraz: Okay. Are there any questions for Mr. Daley? Thank you, sir. Mr. Daley: Thank you very much. Appreciate it. Mr. Horsley: I have one. Mr. Alcaraz: Oh, sure. Mr. Horsley. Hold on sir. Mr. Horsley: Sir, did you say that water runs off of this property onto your property? Is that what you said? Mr. Daley: Well, we just wanna make sure that it doesn't happen. Mr. Horsley: Okay. Mr. Daley: Everything is wet right now and we just don't want it to become worse by removal of trees and building up of construction sites for homes and, you know, they usually raise those up so everything's gonna run off of there. So we're concerned. Mr. Horsley: Okay. Thank you. Mr. Daley: Is that it? Mr. Alcaraz: Thank you, sir. Mr. Daley: Thank you very much. Appreciate it. Madam Clerk: Keith Lynch, followed by Thomas Carini. Mr. Alcaraz: How are you doing Mr. Lynch? Just state your name. Mr. Carini: Good afternoon, everybody. Thomas Carini. C-A-R-I-N-I. I basically wanna say these few things. I think possibly to retain the water to have access water pond in the back and will the road be entering? Well, will the road be entering? I see the planning now, so I kind of understand that a little more. Indian River Road needs to be updated. There are quite a few accidents and it's flooding. How will the utilities be brought into the homes, sewers, electric, gas, and water. That's very important and we were looking for a 40-foot setback from our back, I am lot number 44. Some examples of flooding, boat creek, the golf course and the rec center are built right on a stream, Asheville Park, you have all kinds of flooding. Bernard Street of Seaboard ever since I built the school that street floods and Indian River Road floods on any heavy rain, I don't how they're gonna make a 90 degree turn into this road and thank you for listening to me. It's important that Indian River Road be fixed first, I think. Thank you. Mr. Alcaraz: Mr. Carini any questions? Thank you. Did you call Mr. Lynch? Madam Clerk: Yes, recalling Keith Lynch. Mr. Alcaraz: Afternoon, you can just state your name for the record. Mr. Lynch: God afternoon. My name is Keith Lynch. I'm from lot 45 of the group here before you today. Before starting, I'd like to make one request of you folks and I know because I understand as a former public servant, this is a very important job but I would respectfully request that you take a time while you're here, sometime during your hours of work, take a ride down the road one mile and ride through the West Neck Community and see what has taken place there because of what developers promised, developers planned, the city supported, the city zoned, and too often builders we're left with the residue. They buy it, they build it. They bade us into it. We had a wonderful community; the centerpiece of our community is terrible. The emotional and devastation for people 70s and 80s years old has been tremendous. So, I want to thank you for your work, but encourage you, please take a ride and see the pride, 90% of that community is own or occupied. The people were made promises, promises weren't kept, and it really has had a debilitating effect on beyond what you can imagine unless you live there. My thoughts are primary. There's a nexus to this and that, of course is a density. I live next door to Tommy. I cut our grass today. My grass between, there's still standing water between my house and his house. So, with that, I've got some bullet points I'd like to share with you. There are seven homes that are greatly affected now by the current proposal, and I do respect property values. I've been involved in these situations. Water mitigations of great concern of all, you know that. Water density was increased, and the density was increased by adding the golf course. It's also interested to note that all the land that was moved, all the modifications made to make the contours of a golf course, all four retention pines in the West Neck Community are on the golf course. There is none. The current people that we're fighting with who've threatened to arrest us for going on the property have let put steel walls behind the property for people who have complained, have threatened us with their deep pockets and so forth, and continue to do so. My latest information is coming up, our homeowner association that they have now made accusations, at least innuendo. Then maybe we started the fire in the six-foot weeds since... Mr. Alcaraz: Mr. Lynch can we just focus on this agenda item now? Mr. Lynch: Yeah, we can. Mr. Alcaraz: Okay, thank you. Mr. Lynch: The increased density is a direct contradiction to the city's comprehensive plan. In October after Matthew, it resulted in a flood protection provided for the city. A bond referendum was passed. The proposed 20-foot buffer when water mitigation would be a major concern and entirely inadequate. The development of the round property would definitely decrease the ability to land of sore water, increase impervious services, including structures, hardscape, required access roads, driveways, sidewalks, and other amenities such as pools, tennis courts, or out buildings. Additionally, there's 175 yards of woods you can't seize through right now behind our house. Additionally, the undoubted removal of deciduous trees, which can absorb 11,000 gallons of water per tree would provide -- would be extremely harmful. Our zip code receives 47 inches of rain a year, 623 gallons per inch for every thousand square feet of hardscape and impervious surfaces. There's a runoff of 29,000 gallons of water. Based on these figures, a 20- foot buffer is totally inadequate. Our house is 31 feet from our property line, which would mean we could be 51 feet from a structure on this property, you can, you have to ride there to see the smallness of our lots, the current vegetation a natural buffer of 70 feet protecting the vegetation would greatly benefit the water mitigation and provide us with a natural area that we paid for, all these lots were prime lots. Folks, this is a very important decision and for all of us. Mr. Alcaraz: I'm gonna have to interrupt you. Mr. Lynch: If you have any questions, I'll be happy to answer, thank you. Mr. Alcaraz: Any questions? Thank you, sir. Mr. Lynch: Thank you. Mr. Alcaraz: Next speaker. Madam Clerk: That's all the speakers. Mr. Alcaraz: All right, Mr. Bourdon, if you'd like to come forward and... Mr. Bourdon: The first thing I wanna, wanna say is Mr. Lynch's concerns, I agree with him a thousand percent. As far as what has happened to the golf course at West Neck, it is an abomination, and I could not agree with him. I think he's hit that part of this spot on, but that's a different matter and hopefully. Mr. Lynch: Is it possible to turn your mic, I can't hear you and you're talking about me. Mr. Bourdon: Okay. Mr. Alcaraz: He is actually complimenting you. Mr. Bourdon: I am agreeing with you what your big point is, and I completely empathize and sympathize as I'm certain all members of the commission do as well. So, it's that's not falling on deaf ears. I can assure you of that, but the stormwater issue, when that development took place, we didn't have stormwater regulations we have today, and we didn't have the modeling that we have today. This property is not creating the problems that they are experiencing because it's completely natural at this point. It's, if anything, I do believe, I can't swear to it, but I do believe when this is all said and done, their circumstance will be improved from a drainage standpoint, it certainly won't be hindered in any way by this development. The 20-foot buffer is a visual buffer. The stormwater management will be something that'll be, you know, dealt with through this site plan, approval process that is condition number eight, that water, that will be, what water will be coming off of this, you know, very one unit per, almost two acres of land development will be handled on site and there will be no water that will be discharged from this site onto their properties. But again, I get that, but, you know, we have a, and the bond refer and everything else, the city's spending so much money to make sure that we don't create stormwater problems in the future and that's the protection here. Developing the property as it is with seven, in this case, four lots would not require that. So, the reality of it is, is it, it can only be beneficial or neutral. It cannot be worse, and it won't be worse in any way and the other issue is not something that Mr. Brown can do anything about, but I do believe, there's hope that that situation may come to a positive conclusion. But patience will be the key word. The road that'll be built, as I said earlier will meet the safety requirements, this is not creating additional development units at all, just making them better for everyone involved and that's why your staff has recommended approval. The conditions, as I've said, are acceptable and I'll be happy to answer any questions you may have. Mr. Alcaraz: Thank you, Mr. Bourdon. Any questions? So, Mr. Bourdon, I'll ask, so right now there are four lots, there are four lots, correct right now? Mr. Bourdon:There are four pieces of property now upon which a house can be constructed on. Mr. Alcaraz: And what is the width of that, I guess? Is it a dirt road, pave road going back? Mr. Bourdon: The width is 15 feet, 15, one and five. Mr. Alcaraz: And you're gonna make it what? Mr. Bourdon: 25. Mr. Alcaraz: With a turnaround or a cul-de-sac? Mr. Bourdon: With a hammerhead at the end, paved to handle all the heavy fire equipment, the width of the pavement, et cetera, the depth of the pavement and all, and the utilities being primarily city sewer will come in from the south,from Candle Pine. And if y'all haven't been down driven Candle Pine, and I think it's Riddick Lane, the quality of the homes there, the quality of the homes here will be equal or likely better, but those are very, very nice homes. They will not be inexpensive homes at all and the people who will build them and live in them will be able to afford to maintain the road because it'll be, you know, built, you know, brand new and so it's not, not something that's gonna be an issue until years down the road. And HOA will be mandatory, they'll have to pay into it for the maintenance of the road in the future. Mr. Alcaraz: Is there any, it was brought up, is there any plans for a turn lane or anything at Indian River, improvements? Mr. Bourdon: We don't have, we don't have any property that's on Indian River Road on the east side of Indian River, on the east side of where this road intersects with it. So there, I don't believe that there is in, because Indian River Road in a lot of spots, it's only 30 feet wide as far as right of way. I don't believe there's right of way there today. I believe the city though does own the, they may not own the one property directly adjacent to the east, northeast corner, but further and may be even adjacent, but the next one over they own, it's, there's no house there. It's what Aubrey was referring to in the informal that where the city had bought a couple of lots out there that could have been built on using some of the state money from ACUS or its money that we got to reduce density based on some, I won't get it. I don't wanna misstate how it works, but they, the city owns the properties along the Indian River Road, but I don't know that they own the one directly adjacent. If they do, then there's certainly the opportunity to do that. Mr. Alcaraz: And this is gonna be a private road, not public? Mr. Bourdon: Yeah private road, yes. Mr. Alcaraz: Okay. All right. Any other questions, Mr. Horsley? Mr. Horsley: No, I've just got a couple. I don't have other questions for Mr. Bourdon. just got a couple of comments to make. I am very aware of some of the problems that the people in West Neck have been having but this is entirely a different situation. Hopefully something can be done to rectify the problems at West Neck, because that's I think I was probably on planning commission when that was approved originally. I remember when it was farmland and before it was developed and it was approved and it developed and it was, it flourished at that time. But that's not this application. This application is a big improvement over what could be done there and the dense is not going to change and with the stormwater management program that we have in play now, I don't think you people have got to worry about any water running off of this property onto your property. Whether your water can run on them or not, I don't imagine that's gonna happen, but their property will be taken care of through the stormwater ordinance. So really think this is an improvement for this property and I would support this application. Mr. Alcaraz: All right. Thank you, Mr. Horsley. Is there any other comments Commissioners? None, can I have a motion? Mr. Horsley: I make a motion, the application be approved. Mr. Alcaraz: Motion by Mr. Horsley. I need a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: The vote is now open. Mr. Clemons? By a vote of eight to zero, the item has been recommended for approval. Mr. Alcaraz: All right. Thank you. All right. Next item. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE • Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, which shall be in substantial conformance to the submitted plat exhibit entitled "Exhibit Showing Proposed Resubdivision of Property of Thomas A. Brown Known As 2888 Indian River Road and J.C. Davis Parcel 2 AC. +/- and West Neck 4.77 Acres and West Neck Parcel" and dated March 15, 2023, and prepared by Hayden Frye and Associates, Inc. Land Surveyors (the "Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The applicant/owner shall be required to create the private right-of-way and widen the 15' Private Road serving these parcels to 25' in width and record a Declaration of Private Ingress/Egress and Maintenance Easement along with the dedication of a Public Utility Easement with the Resubdivision Plat, creating the expanded 25' wide private right-of-way from Indian River Road to the subject parcels. The Declaration of Easement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision Review Process. 3. A turn-around or hammerhead at the terminus of the Private Road shall be constructed in accordance with City standards prior to the sale of the first parcel. 4. The Private Road shall be improved by the applicant with a hard surfaced road that conforms to the Virginia Statewide Fire Prevention Code for fire apparatus access. The road surface must be a minimum of 20' wide and able to support 82,000 pounds of vehicle loading and be an all-weather surface. Fire apparatus must be able to reach the most exterior wall from an approved surfaced roadway which is within 150 feet. The Declaration of Easement shall mandate that Parcels 4, 5, 6, and 7 shall be responsible, along with the applicant's three (3) other parcels using the Private Road for access, which shall also be subject to the Declaration of Easement and for the pro rata share of the costs of maintaining the Private Road. 5. The applicant/owner will retain, and if necessary, supplement, a 20' treed Buffer Preservation Easement on proposed Parcels 4 and 5 along their shared boundary lines with The Villages of West Neck subdivision. This Buffer Preservation Easement shall be depicted on the Resubdivision Plat, which along with the Easement Agreement shall be submitted to and reviewed by the City of Virginia Beach as part of the Resubdivision review process. 6. The applicant/owner shall be responsible for extending City sanitary sewer service to each parcel and prior to development, each parcel shall connect to City sanitary sewer service in a manner subject to approval by the City of Virginia Beach Department of Public Utilities. 7. A Natural Area Preservation Easement shall be established and depicted on the Resubdivision Plat for the 35,732 square foot area located on the northeastern most portion of Parcel 5 substantially as depicted on the "Exhibit". 8. The four (4) lots and any other lots that are accessing from the proposed private lane shall be submitted as a comprehensive (multi-lot) site plan to address any proposed infrastructure including stormwater management and public utilities. Mr. Aubrey Trebilcock Virginia Beach Department of Planning atrebilcock@vbgov.com As per our phone conversation on May 05, 2023 I am following up with an email describing my continued concerns for the development of above mentioned properties. On a personal level I will be deeply saddened by the removal of Nature for the construction project submitted for approval. The present condition of the surrounding land is a main reason for purchasing this property in 2012. Hopefully the lots will be big enough to minimize the natural impact. Initially, it did not seem probable that any construction would take place anytime soon, as there was a proposed roadway that was far back on the list of improvements. The major concern is drainage. Although I am at the high end of Charisma Court, I had to spend over $7,000 to improve drainage, which included 4 drains and flower beds. The back yard was so wet, no grass would grow, and all we had was mud. I consider myself the lucky one on the street in that regard, although I still have some wet/muddy areas in my back and side yards. Please take into consideration the drainage problem with the removal of trees and the building up of the land for construction before approving this project. As you know, the area in question, at this time, is very swampy with little or no access. It is very concerning to think about more water runoff coming the way of the residents on Charisma Court. In addition to the above, some questions I have are; Who will monitor the condition of the proposed natural area at the end of Charisma Court for any tree problems such as downed or rotten trees that may become a problem? Also who will be responsible to make sure this stays a natural area free of any clearing or building? Who will maintain/monitor the proposed roadway into the construction site? Also, the traffic on Indian River Road is dangerous with the narrow condition of the road. Are there any plans to widen this road, especially with the current increase of development along this road? Lastly, if this plan is approved and proceeds forward, what if there is still flooding along the back yards of the property owners along Charisma Court and the other effected home owners? Thanks so much for the opportunity to voice my concerns concerning the above mentioned properties. Our phone conversation was pleasant and you were very open, helpful and available. Regards Albert and Mary Daly 2937 Charisma Court Virginia Beach, Virginia 23456 419-779-5323 Aldaly730@gmail.com Re: Thomas A. Brown Subdivision Variance 2888 Indian River Road 2020-PCCC-00293 May 3, 2023 Dear Mr. Trebilcock, We are writing to again express our concerns about the above variance application. It seems that now the applicant wishes to reconfigure two lots to create FOUR salable buildable lots of equal size, resulting in one house on each lot, which is of even greater concern than the original application creating two lots. Our concerns remain the following: 1) When we purchased our house in December, 2016, we assumed that the woods behind it would not be developed, which is why we chose this particular location. 2) Much more importantly, it has taken us several years to control the significant drainage problem we experience in our backyard. Our efforts, combined with those of our immediate neighbors, created French drains, buried gravel ditches, and buried downspouts, costing several thousands of dollars. The trees on the proposed lots currently help to control an already poor drainage area. If we lose a significant number of trees in the woods for creation of four buildable lots, the drainage situation will be greatly exacerbated - not only for our property, but for the proposed lots as well. We urge you to consider whatever steps that can be taken to mitigate this potential threat to our property. Please forward our concerns to the members of the Planning Commission for consideration before the hearing on May 10. Sincerely, Eleanor Massie and John Taylor 2956 Elegance Lane Virginia Beach, VA 23456 508-237-1382 Emassie4@aol.com Mr.Trebilcock, Thank you for contacting us today,Thursday, May 4, 2023 in regard to the situation about Mr.Thomas Brown building homes behind our home at 2933 Charisma Ct. in West Neck community. As you are aware our neighbors as well as us are quite concerned about the issue of building homes in the woods behind our homes. Which are on wet lands causing flooding on our property. Again, along with our neighbors, we have spent thousand of dollars on trying to repair the flooding on our property,there is no run off! The trees in the woods soak up an abundance of rain water. So for us to loose the trees,would only exacerbate the situation. Therefore, building homes in the woods would also be devastating for new homes as well as us. Mr. Trebilcock we thank you in advance for allowing us to voice our concerns and hopefully you are very much concerned as well as we are regarding the flooding problem.... Here are the questions regarding this situation. 1.A retention pond to hold the excess water is needed. 2. Will there be a road entering the homes? 3. Indian river road needs to be updated! 4. How will the utilities be brought into these homes, sewer, electric,gas, and water? 5.A 40 foot set back behind our lot. Examples of flooding 1. Bow Creek golf course floods because the rec center is over a stream. 2. Ashville Park floods after heavy rain. As well as our property already. 3. Bernadette St floods off Seaboard Ave, since the school was built. 4. Indian River Road floods after every heavy rain the same as our yard. Thomas and Maryann Carini 2933 Charisma Court 757 689 8707 CARINI2@COX.NET Hello! I would like to submit a letter of opposition to Mr. Thomas Brown future development on Indian River Road.This new development will negatively impact the drainage of neighboring properties including ours. I want to make sure the city of Virginia Beach is aware how wet it is around our properties. When it rains the ditches/swales are already maxed out. I would highly recommend that the Site Planning Commission request a full drainage plan for all 7 site plans. Respectfully, Justyna Dlugolecka 2900 Indian River Road TO: Mr. Aubrey A. Trebilcock Staff Planner RE: Subdivision Variance (section 4.4(b) & (d) of Subdivision regulations Thomas Brown property 2888 Indian River Road Mr. Trebilcock, thank you for returning our call to discuss the concerns with the above variance. As you know my wife and I, as well as all the affected owners of Charisma Court have expressed serious concerns about this project. All the affected property owners paid a premium for our lots due to the natural area behind our homes. We were all told that this was City property and was eventually to be used for the extension of West Neck Parkway. That plan was never put into action. Our concern, and those of our neighbors, who are now in their seventies and eighties, is that this proposed variance will negatively affect their quality of life and their property value. The following is a list of our concerns: • Seven homes now are directly affected by the current proposal • Water mitigation is of GREAT concern to all involved. As you know West Neck's housing density was increased by allowing the golf course to meet the open space requirements for housing density. This has caused our entire community, and especially this area, to be extremely wet. We have personally spent more than $10,000 to regrade, sink downspouts, add 7 additional drains, and extensive planting to allow us to use our yard. Other neighbors have also taken similar measures. • This increase in density is in direct contradiction with the City's comprehensive plan. On October 9, 2016, Virginia Beach suffered post-tropical storm Matthew. This event resulted in flood protection being a priority for the city. • While our properties are not CURRENTLY in the FEMA-regulated flood plain, it should be of concern to AE Flood Zone is just on the other side of Indian River Road, less than 1,000 feet from this proposed variance. • This current proposal provides a 20-foot buffer, with water mitigation to be a major concern, we feel this to be entirely inadequate. The development of the Brown property would significantly decrease the ability of the land to absorb excess water by the increase of the impervious surfaces; including structures, hardscape, required access roads, driveways, sidewalks, and other amenities that may be added to the properties including pools, tennis courts, outbuildings, etc. • Additionally, the undoubted removal of deciduous trees, each of which can absorb 11,000 gallons of water per tree, would prove to be extremely harmful. Our zip code receives an average of 47 inches of rain (623 gallons of water per inch). Every 1,000 square feet of impervious surface can result in a runoff of 29,000 gallons of water. • Based on those figures, a 20-foot buffer is totally inadequate. Our HOUSE is currently 31 feet from our property line; therefore a 20-foot buffer would put our HOUSE only 51 feet from a possible to-be-built structure. A natural buffer of 70 feet, protecting the current vegetation would benefit water mitigation and provide us with the natural area we currently enjoy. In conclusion, without serious alterations that address WATER MITIGATION, TREE REMOVAL, AND AN EFFECTIVE NATURAL AREA AND THE LOCATION OF PROPOSED STRUCTURES, we respectfully request that this variance be denied for the reasons outlined above. Jack and Nora Lynch Lot 45 2929 Charisma Court Virginia Beach, VA Planning Commissioners, The same issues continue with the planning department applying urban development guidelines to the Southern Rivers Watershed. As someone who lives directly downstream from this proposal—you created a public nuisance. Even urban subdivision regulations require a delineation of wetlands. Mun. Code § 6.1(n). You cannot arrive at the minimum lot area without one. Mun. Code § 2(b)(4). So, where is it? While the rules are stricter due to this property's location in the ITA, planning has not ensured elementary compliance applicable to the Agricultural Districts. Mun Code §405. Additionally,there are wells and septic systems required for these lots. While the applicant may'think' he will extend services —they are not currently available. Upstream and downstream delineations are required under the Virginia Code. These requirements protect the health and safety of residents,the `hardship'this builder is attempting to claim is shared equally among all residents in the district. A new purchaser does not get to come in and place wells/septic systems on one acre of property when current inhabitants with more acreage cannot physically do so. Perhaps Mr. Brown should reconsider purchasing wetlands in a deliberate attempt to profit from placing additional individuals in an unhealthy situation. Please start ensuring that every single proposal in the Southern Rivers Watershed complies with the regulations. This is still a critically impaired watershed, and you have residents which rely upon you. Please excuse the brevity and grammar of this email as it was sent from a mobile device. Sincerely, Dr. Lisa M. Clarkson Of Counsel, Executive Director SFF Conservation Initiative, Inc. 501(c)(3) "What will you leave your seventh generation?" https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sffconservationinitiative.org %2F&data=05%7C01%7CATrebilcock%40vbgov.com%7C679ba864d0614ced2dd108d b51613cf1%7C877 67a669f6e49f784d149f49be494e7%7C0%7C0%7C638193250316098537%7CUnknown%7CTWFpbGZsb3 d8eyJWIjoiMC4wLiAwMDAiLCJQIioiV2luMzliLCJBTi161k1haWwiLOXVCI6Mn0%3D%7C3000%7C%7C%7C& sdata=FBK82pM 1NoN92Vn2VW6HJITxyN%2BTHxmNy0r4pvhEKNg%3D&reserved=0 <https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sffconservationinitiative.or g%2 F&data=05%7C01%7CATrebilcock%40vbgov.com%7C679ba864d0614ced2dd 108db51613cf1%7C877 67a669f6e49f784d149f49be494e7%7C0%7C0%7C638193250316098537%7CUnknown%7CTWFpbGZsb3 d8eyJWljoiMC4wLiAwMDAiLCJQIioiV2luMzliLOBTi161k1haWwiLCJXVC16Mn0%3D%7C3000%7C%7C%7C& sdata=FBK82pM 1NoN92Vn2VW6HJITxyN%2BTHxmNy0r4pvhEKNg%3D&reserved=0> (757) 301-8822 office (757)450-3329 cellular Bz BZ E Property Polygons Alacrity, LLC � Zoning 1721 Laskin Road Building Feed 0510 20 30 40 50 60 6744 KLu �. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ALACRITY, LLC [Applicant] OLD BRANDON FIRST COLONIAL ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Body Piercing Establishment) for the property located at 1721 Laskin Road (GPIN 2407784497). COUNCIL DISTRICT 6 MEETING DATE: June 20, 2023 • Background: The applicant is requesting a Conditional Use Permit for a Body Piercing Establishment to add piercing services to her existing business, American Tattoo Art, located at 1721 Laskin Road. A Conditional Use Permit fora Tattoo Parlor was approved for this location by City Council in 2015 for traditional tattooing. American Tattoo Art presently employs seven artists. Two more employees would be added with the addition of Body Piercing. Body piercing will be available during current hours of operation: 10:00 a.m.to 8:00 p.m., Monday through Saturday and noon to 6:00 p.m. on Sundays. The piercing booth will be completely private and there are no changes proposed to the exterior of the building or existing signage. • Considerations: The property is located in the greater than 75 dB DNL noise zone, which restricts certain uses. Body Piercing is considered a compatible use within this high noise zone, as well as with the existing Tattoo Parlor and overall shopping center. The service will be offered in conjunction with established operating hours and no change in traffic impacts are anticipated. 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 May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. A business license for the Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar Alacrity, LLC Page 2 of 2 sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet, with a brick base to match the building. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 0 Applicant Alacrity, LLCAM Agenda Item Property Owner Old Brandon First Colonial Associates, LLC Planning Commission Public Hearing May 10, 2023 City Council District 6, formerly Beach 6 Virginia Beach Request Conditional Use Permit (Body Piercing Establishment) "1 \Staff Recommendation a f::"P'4\:::::?„.\ Approval Wotim, t oEAag z Staff Planner • - 00- a 0'3° ______,r,.._ itElizabeth Nowak _"O1" atP o t , z ,„ 0 Location .....4 �r ftt 1721 Laskin Roadr GPIN c, 2407784497c.Ar p: �p� Site Size 2.,\ e'0" 9'\„Di\ .95 acres (2,240 square-foot suite)AICUZ - � ill Ili 1.111111. Greater than 75 d6 DNL i .-.• E Watershed Chesapeake Bay Existing Land Use and Zoning District - Shopping Center/B-2 Community Business SurroundingLand Uses and ZoningDistricts - �' North _4.1r_ t IA , 1 • Laskin Road "` " } Shopping Center/B-2 Community Business South ''� _ _ -� Religious Use/ B-2 Community Business - '• l - `.`„' East - ..._ ';�:; •. �' a ,, 4 Pharmacy/ B-2 Community Business • '�,.t��-' West * �` 4 i .tom-° Retail/B-2 Community Business i r„p , r Alacrity, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Body Piercing Establishment to expand the types of services currently offered by their business, Studio Good Vibez, which operates as a traditional Tattoo Parlor within the Hilltop Plaza Shopping Center. • A Conditional Use Permit for the Tattoo Parlor was approved by City Council on September 9, 2015. It presently employs seven artists; with the addition of Body Piercing,the applicant anticipates adding an additional two employees. • Body piercing will be available during the current hours of operation: 10:00 a.m.—8:00 p.m., Monday through Saturday and Noon—6:00 p.m. on Sundays. • The piercing booth will be completely private and out of view of both patrons in the suite and outdoors. • No changes to the exterior of the building or any new signage are proposed. Bz �y. --ray �jG Zoning History Request CUP Automobile Repair Garage)Approved 12/8/2015 2 CUP(Tattoo Parlor)Approved 09/15/2015 3 CUP(Church)Approved 10/24/1995 • 3 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for a Body Piercing Establishment within an existing Tattoo Parlor, in Staff's opinion, is acceptable. The use is compatible with the other existing commercial businesses located in the vicinity and is a complementary service for the existing Tattoo Parlor. As a Personal Service,this use is also compatible with the greater than 75 dB DNL noise zone. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Alacrity, LLC Agenda Item 6 Page 2 Recommended Conditions 1. A business license for the Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet,with a brick base to match the building. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The site is located in the Hilltop Strategic Growth Area on land designated for non-residential mixed-use development. Design principles for the SGA aim to provide a mixture of retail,offices, restaurants, and other non-residential uses and comply with AICUZ land use requirements. Given that the use is compatible within the greater than 75 dB noise zone, adding the proposed use to an existing business would be appropriate as the area continues to develop toward the SGA's vision of a walkable, urban environment; mixing uses will have the added benefit of reducing the number of local vehicle trips in the area.Adding a complementary use to an existing business would be supported by the Comprehensive Plan as this area continues to evolve. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed.There are no proposed exterior alterations or site improvements with this application. No cultural resources will be affected by this request. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 29,000 ADT1 36,900 ADT 1(LOS 4"D") No change anticipated 2 'Average Daily Trips 2 as defined by a Body Piercing 3 LOS=Level of Service Establishment in an existing Shopping Center Alacrity, LLC Agenda Item 6 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin Road in the vicinity of this application is considered a four-lane divided major urban arterial. In addition to the existing four-lane section of road,there are two, 2-lane local access roads parallel to the mainline portion of roadway: one the south side of Laskin Road and one on the north side of Laskin Road. There is a roadway Capital Improvement Program project under construction in this area. Laskin Road—Phase I (CIP 2- 156) is for the construction of an eight-lane divided highway in a 160 foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150 foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. Construction is scheduled to be completed in 2024. Public Utility Impacts Water & Sewer The site is currently connected to City water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and April 30, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 24, 2023. • 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 May 4, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. Alacrity, LLC Agenda Item 6 Page 4 Site Photo -.._- 1"Ir ' ANLas I* lis 4/10'/-' _ _, - _ - , ----i_______________________L ., ,,r-r. t-: ----: -1 - Y j. i 41 , _._ 41 IW Alacrity, LLC Agenda Item 6 Page 5 Disclosure Statement Disclosure Statement \13 City of Virginia&mh 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 Alacrity, LLC Does the applicant have a representative? ■Yes D No • If yes,list the name of the representative. Schondra M.Blount 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) Tama Hoshack,Schondra Blount • If yes,list the businesses that have a parent-subsidiary-or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.202U 1 Alacrity, LLC Agenda Item 6 Page 6 Disclosure Statement Disclosure Statement \/13 Cu!, Viryirw Beall Planning&Commu Development *AA:- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? 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. Nusbaum Realty Co.LLC,Thomas G.Johnson/Richard M.Jacobson 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 N No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I Alacrity, LLC Agenda Item 6 Page 7 Disclosure Statement Disclosure Statement n j 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?0 Yes MI No ■ • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property)❑Yes MI No ■ • If yes,identify the firm and individual providing the service. 8 Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt o`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. (.5„,k44-- Applicant Signature Schoridra M Blount/Owner Schondra M.Blount Print Name and Title 1/27/2023 Date Is the applicant also the owner of the subject property? ❑Yes MI 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 i Date 1��Q23 Sitnature j]}• _L_�1 ./4 L _ t I Gi. llAf,Z/G/f/ (�(/tC(/Ci P"^`N Eli -ireth Nowak Revised 11 09.2020 3 ( P a g e Alacrity, LLC Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement ,L city ofvirginia Beach Planning&Community Development Owner Disclosure Owner Name Old Brandon First Colonial Associates, LLC Applicant Name Alacrity, 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) Old Brandon Laskin Associates,LLC:Members:Thomas G.Johnson,Ill,Richard M.Jacobson,Tyler R.Jacobson, Nusbaum Realty Co.,Manager(Mlles B.Leon,President;Virginia Batteen-Hawks,Senior Vice President/CFO;Richard M.Jacobson,Senior Vice Pesident • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 Alacrity, LLC Agenda Item 6 Page 9 Disclosure Statement Disclosure Statement \13- 4111'4rwsu 5.44 Planning&Community Development • • Owner Services Disclosure 1. Does th,.'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. —LlI+vvi can - -- _- 2. Does��. the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? E//Yes 0 No • If yes,identify the company and individual providing the service. 5-I-•N I,S)A U m Rea l CAL 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. Fvrvis C-FvrrviuI Dixon Nikehes Goodman) 4. Does the Owner have services from an architect/landscape architect/land planner provid�edd in connection with the subject of the application o►any business operating or to be operated on the property?❑Yes U 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 tb 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?CIYes l3YriNo • If yes,identify the company and individual providing the service 7. Does the Owner have an engineer/surveyor/agent yn 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. I nes 111711 Alacrity, LLC Agenda Item 6 Page 10 Disclosure Statement laryinc 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?52(Yes ❑No • If yes,identify the firm and individual providing legal the service. uu�llcoX and Savao /)S 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. Owner Signature • D(dt�rQ Cotohial DSSOCAOkS W/C1;BT11161 S .SOhnSon -Xt__KAITI Print Name and Title Date Revised 11.09.2020 Alacrity, LLC Agenda Item 6 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Alacrity, LLC Agenda Item 6 Page 12 Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 6 Alacrity, LLC (Applicant) Old Brandon First Colonial Associates, LLC (Property Owner) Conditional Use Permit (Body Piercing Establishment) RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you. Next item is item number six, Alacrity LLC, Old Brandon First Colonial Associates, Conditional Use Permit for Body Piercing. Ms. Blunt: Good afternoon, commissioners. I'm Schondra Blunt representing Alacrity, LLC. Mr. Horsley: Are the conditions acceptable? Ms. Blunt: Absolutely. Mr. Horsley: Thank you. Ms. Blunt: Thank you, sir. Mr. Horsley: Is there any opposition to this application? Hearing none. We've asked Commissioner Parks if he would read this into the record. Mr. Parks: Thank you, sir. The applicant is requesting a Conditional Use Permit for a Body Piercing Establishment to expand the types of services currently offered by their business, Studio Good Vibes, which operates a traditional tattoo parlor within the Hilltop Plaza Shopping Center. The Conditional Use Permit was approved by City Council on September 9th, 2015. The piercing booth will be completely private and out of view of both patrons and the suite and the outdoors. No changes to the exterior of the building or any new signage is proposed. Mr. Horsley: So Mr. Chairman, the consent agenda consisting of item number one, number three, number four, number five, number six, seven, eight, nine, and 11 moved, they be approved on the consent agenda. Mr. Alcaraz: Thank you, Vice Chair. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: The vote is now open. By vote of eight to zero items one, three,four, five, six, seven, eight, nine and 11 have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. A business license for the Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. Any freestanding signage shall be monument style, no higher than eight feet, with a brick base to match the building. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. OR jl t N ''���� �t St'�ee, �/ \ -or i /\\1\ \\/ \ ‘\ OR ) 8 i \ \ , . , c i , w , \ \ i sr- ' \/ i ny 1 �n \'\, 2 OR O'R °• / CaCvs / ,, • OR / , / , 0 _ 3rd Street 0:4" N r A Site W•A\�� E Property Polygons Caroline, LLC .'iv Q Zoning 303 Atlantic Avenue, Unit 605 S Building Feet 0 1020 40 60 80 100 120 c 7') _iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAROLINE, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 303 Atlantic Avenue, Unit 605 (GPIN 24273224031800). COUNCIL DISTRICT 5 MEETING DATE: June 20, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a two-bedroom Short Term Rental unit within the Dolphin Run Condominium tower located at 303 Atlantic Avenue. • Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental in a multi- family residential dwelling unit located within the Dolphin Run Condominium tower. Many of the units within the condominium tower have received approvals for Short Term Rental Conditional Use Permits and Short Term Rental Zoning Permits. The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east, the 4th Street Connector Park to the north, the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort- oriented uses. There is one assigned parking space associated with this unit, in the Condominium's parking garage. According to Section 2303(b)(a)(ii) of the Zoning Ordinance, the Zoning Administrator may allow certain condominium properties which have historically operated as short term lodging units to provide 1 parking space per dwelling unit rather than the 1 space per bedroom typically required for short term rentals. The Dolphin Run Condominiums are one such property granted a historical exception to the Short Term Rental parking requirements. 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 May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. Caroline, LLC Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 605, and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Caroline, LLC Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and Caroline, LLC Page 4 of 4 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency: Planning DepartmentCAA(1-0 City Manager: Applicant & Property Owner Caroline, LLC Agenda Item Planning Commission Public Hearing May 10, 2023 City Council District 5,formerly Beach Cih/of Virginia Beach Request Conditional Use Permit (Short Term Rental) 11th Str.... Staff Recommendation . ,_ake or,. ` 90,Strael Approval {1 Pinewood Drive y 2—Norfolk Av ' 9th sheet Staff Planner tr % . d `16, , ' ___ --i'l. \ `, Garek Hall Hannigan a. 7 • Location , A,enue 303 Atlantic Avenue, Unit 605 � '"0`e "Ull GPIN $ 24273224031800 4 /' r ` l ` .,....X./1r, Qo �� Site Size 45,000 square feet �$' Q d se A I. Existing Land Use and Zoning District -010A1121111`r'`i Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North .�• . ,... , % 4th Street (Connector Park) •;, r Multi-Family Dwellings/OR Oceanfront Resort -- V South �9 3rd Street (Connector Park) ,tiy " y��% 1r 6,; ; Hotel/OR Oceanfront Resort F East " ' .1 ` �_ � ''Boardwalk y - , 1 Atlantic Ocean, Beach West s r' G Atlantic Avenue . •> • Civic Use, Public Use/OR Oceanfront Resort /IF _ -,e::' II *t:'P A . . d street dorilf* N, gilt d` i Caroline, LLC Agenda Item 11 Page 1 Background & Summary of Proposal Site Conditions and History • This 45,000 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this two-bedroom unit, located within the Dolphin Run condominium tower,was constructed in 1975. • Staff inspected the site on April 12, 2023 to observe site conditions. • On-street parking is not permitted on this portion of Atlantic Avenue. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of April 14, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE October 2022 No No (under different ownership) Short Term Rentals in the Vicinity ---- \ .0i2),i.v„:,,\A\ 110��. m A 110-1 �LL �'ile t Sc�� t Epp► 2 s .4 ) •__ _, \ .w‘\- . ,1 Att •, ,,,,,._ Vol, (Al 2NQ-s-1 Short Term Rentals 4 — I -ANIE CUF Status � iir /•' , ,4 di, • .. 7 i 1 ♦N Caroline, LLC Agenda Item 11 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 4 OR 1 COA(Coloration of Antennas)Approved 02/20/2017 1 2 NON(Enlargement of Nonconforming Use)Approved .th$°"` 04/12/2005 ��— NON(Enlargement of Nonconforming Use)Approved 01/12/1993 3 CUP(Outdoor Recreation Facility)Approved 06/08/1999 MOD(Modification of Conditions)Approved 02/14/1995 oR = STC(Street Closure)Approved 02/09/1993 MOD(Modification of Conditions)Approved 06/23/1992 see CUP(Outdoor Recreation Facility)Approved 05/26/1992 T CUP(Outdoor Recreation Facility)Approved 03/24/1992 IMO oR REZ(B-5 to H-2)Approved 06/11/1984 4 CUP(Communication Tower)Approved 03/14/1995 5 REZ(B-5 to H-2)Approved 12/17/1984 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 applicant is requesting to operate a two-bedroom Short Term Rental within a unit in the Dolphin Run Condominium tower. The site was constructed in 1975 and is located along Atlantic Avenue near the southern terminus of the Boardwalk and Rudee Loop. Since the site is located in the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is expected. Several of the units within the condominium have previously received approvals for Short Term Rentals.The parcel is bounded by the Boardwalk, Beach, and Atlantic Ocean to the east,the 4'Street Connector Park to the north,the 3rd Street Connector Park to the south, and Atlantic Avenue to the west. The surrounding area is a mixture of multi-family dwellings, commercial retail, resort hotels, mixed-use buildings, and other resort-oriented uses. The subject property lies along the Atlantic Avenue Corridor, which includes the most prominent frontage of resort- oriented uses at the Oceanfront Resort. According to the Resort Area Strategic Action Plan (RASAP) 2030, residential and mixed-use development in the Resort Area is necessary to achieve the goal of a year-round destination, affording a more Caroline, LLC Agenda Item 11 Page 3 walkable,vibrant, engaging community at the Oceanfront Resort.The use of the dwelling as a short term rental helps achieve this goal by providing diverse lodging opportunities for visitors seeking unique travel experiences. There is one assigned parking space associated with this unit, labeled Space A-19 on the first floor of the attached parking deck. According to City of Virginia Beach Zoning Ordinance,Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties,the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Dolphin Run Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore, only one parking space is required for the entire unit. This unit has been previously advertised and hosted stays as a Short Term Rental. However,this was done under a previous property owner, not the current owner/applicant, Caroline, LLC. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 605 and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Caroline, LLC Agenda Item 11 Page 4 Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Caroline, LLC Agenda Item 11 Page 5 Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning and Community Development/Development Services Center and Department of Planning and Community Development/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023, and April 30, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 24, 2023. • 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 May 4, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. Caroline, LLC Agenda Item 11 Page 6 Site Layout & Parking Plan _ r ;+ till ' . :i--''ti: • , ,_ :. , . _,, f� yr �• s r� t • • i a s • \is ptee ' +,' (--` • ri til" ` ' . ,, ' ; �5 t s - ,, i 3 • , , °A ' - — ..'i..,.'..44. .` i r 1s t ' ,„,— r,:._._:„Ls._s -., ,— 0 \ 'Vial - = ..t ►14 •* it nW.‘ Ittt.,.t.1 a '‘ • rrli 111 -' - \- ' -- - 1, i �� E . tt. � ► t 1 - „._ . -se-TS\ ii ,.. -_, 1 1. . k.--; ,'!•1 - I. \ i. • One assigned space on second _-e •s floor of parking deck—A-19 ... --' " • Historical exemption to 'ii � requirements; only one space . - '•r • needed `- 1\'''' Caroline, LLC Agenda Item 11 Page 8 Site Photo iii4 rtiti.444:, ' - -- - -- . 1 i , i _`1 i t 4 '1 a • ' t. ,-vet g E • • �� • • iltw, . 4A_t .•g._. -ire INV E 1. ti i, /-4...-3.._,0_--t----_ j i am- •� 1! �' i ���i.�i 2- : ix ` -' yr .-'"' ._,:_ woos z Caroline, LLC Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement \33 'wk.,d F° rr�r Planning&Community Dvveiopmment The disclosures contained n this form are necessary to infe•m public officials whc may vote on the application as to whether they have a conflict of interest under Virg no taw. The completfcn and suomission of this form is required for all applkations that pertain to CRy real estate matters or to the development and/or use of property in the City of Virginia Beach requ ring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Caroline LLC Does the applicant have a representative? a Yes G No • yes,.ist the name of the represertative. •.d b Mtcgrabi Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?M Yes ❑No • if yes,list the names o=al officers.d-rotors,members,trustees,etc.below jAttach a I st if iecessaryl Adib Mograb+ • I'yes,tist the busi^£sses that have a parent-subsid ary'or affiliated business entity'relationship with the applicant. (Attach a fist if necessary) "Parent subsib ary relationship"nr eans"a relationship that exists when c^r corporation directly o•irdirect•y owns shares pcnArvslne more the^SO pe•cent of the vob^g pow•of another cD•po•atio^"See State and Local Government Conflict of interest!. Act,VA.Code 9 2.2-3101 'Affiliated business entity•elabonship"means'a relationship,other than parent-subsidiary'ciationship,that exists when(I)one business entity has a co^trotling ow^e"ship interest;n the ot^wr business entity,(I;)a controlling owner in one entity is also a controlling owner r the other ent ty,or liii)there is shared manner-refit or control between the business ent tics Factors that shoud be considered in determi^;nE,the existence of an affiliated business entry 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.,se of the same cffces or employees or otherwise share aav^ties,resources of personn£'on a regular basis;or there Is otherwise a close working reat{onship between the entities." See State and local Gown-insert Co-lac.of interests Act,Va. Code 9 Z.2-310 Revised 11.09 2020 1 Caroline, LLC Agenda Item 11 Page 10 Disclosure Statement Disclosure Statement \AB _, t ty 41Voi+hut, anniftg r r s_ CODet'aapi21 Known Interest bi Public Official or Employee Does an officiator employee of the City of Virginia Beach^a. an r.terest in the subject land or any proposed development contingent on the subject public action,D Yes Ili No • tf yes,whet Is the mime of the official or empaoyee and what E the are o=the i-ite-est? Apilicant Services Disclosure 1. Does the applicant have any existing financing(ma•tgage,deeds of trust,cross-totlateraalzation,etc)or are they consfoerrng any financing In connection with the subject o'the applicatio^or do,h ;Arse aperat rg or to be operated or the property? ❑Yes ■ No • if yes,identify the financial Fnstitutiors providing the sere. 2. Does the appi:ant have a real estate broker/agent/realtor for current and anticipated future sales of the sub,e:t •epe-ty' ■Yes D No • if yes,den:fy the company aria individual providing,,e service F r%:La•rdi g Cnr•;:d,ry i t. 3. Does the appl;:ant have services far accounting and/or preparation of tax returns provided:r connection wilt-the s..tsjec of the app'icat=on or cry business operating or to be operated on the :roperty?❑Yes ■ No • If yes,identify the fl-m and ind-viduai providing the service 4. Does the apply ai t have seances from an architect/landscape architect/and planner provided in c0nnectieewith the subject o' t^-c app=ication or cry business operating or to be open axed or the:'ope-tr'❑ Yes ■No • It-yes,identify the firm and IndvidL.al provid rig the sere cc S. ,there any other pending or proposed purchaser of tie subject property?D Yes U No • Ij yes, denti'y the purcrast.and purchaser's service providers. Revised 11.09 2020 2 Caroline, LLC Agenda Item 11 Page 11 Disclosure Statement Disclosure Statement Panning&Co r + _ .'' • veiopm 6. Does the applicant have a construction contractor in connection with the subject of the application or arty bus re;;operatint or to be operated on the prcoeety?❑Yes t No • if yes,iden:iv t c company and i-divdual a•ovrdkn the seance. 7. Does the applicant have an engineer/sunrvyor/went In connection with the subject of the application or any business operatinf o-to De operated on:re property?3 Yes •NO • f yes,identify the firer and individual providing the seMce- 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to_e operated on the property?❑Yes IS No • If yes,identify the firm and individual providing the service Apr4icant Sifrtature certify:hat al of thn nformatioi Contained in this Disclosure Statement form is coin ete,true,and accurate. i understand uoon'eceipt of no:f crticn that the application has beer scheduled fc•pub is hearing.I am responsible for updating thr information provided herein two weeks prior to the meeting of Planning Commission,City Council,VODA,CBPA,11'euands BUard or any public body or committee in connection with this application. Adib Mogral,+ DJ/23123 Applicant Signature �n t r.tc?'a:. Print Name and Tine Date Is the applicant also the owner of the subject property? • Yes ❑ No • ff yes,you do not need to fill out the owner discics.,e state-fen: FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meet that pertains to the applications ko irv-Cvc rs of Date 6/2/2023 visa". �,.•, �, ,„_,._ 'r'"""^' Garek Hall Hannigan Revised 11.09_2020 3 i '•a p Caroline, LLC Agenda Item 11 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Department of Planning and Community Development 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 and Community Development/Development Services Center and Department of Planning and Community Development/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. Caroline, LLC Agenda Item 11 Page 13 STR VICINITY MAP CAROLI N E, LLC ----C,A. \\\ ek4::',\'‘ _ \ ''''t‘` .---"t...: A \r,iik .,,,,„____,c)..it„....).1 cri"---- \1 \ liA 'Ififi \I!n It -k 101111*-::' ll it ......21_ .--_--'..----' ft. i \.5% \L-'.:: )). -. ., t[_,, \ \ pitee4'4.\i kt14,. '1.1 irlatTilL-- ::.4 ' ' \ t " k,. if-,.--- -to it- la ., ii 117$‘.. f It . 1---0,,„;\ iipo„,,t , „,__ \,„„„,..„,, .„, / \,,,, ,.",.._._5-, Short Term Rentals i' ' 4 '--I) 'Illk _ 0 5TR Pt rn _--f` I , II CUP status ,'''/ )/ .!:. iir Appraved iI Rr,� IIIIII Oeried -{ 1111 ,.,, : 4 1/4 . /7 0 alder Reo'ew Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 11 Caroline, LLC (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL— CONSENT Mr. Horsley: Thank you. The next item is item number 11, Caroline LLC, conditional use permit short term rental. Is the applicant here? Applicant's not here, so we assume the conditions are acceptable. Is there any opposition? We asked commissioner Cuellar to read this. Ms. Cuellar: The applicant is requesting a conditional use permit for a short term rental. The property is located in the Ocean Front Resort District. There is no opposition, and the applicant agrees to the condition. Staff recommends the application for approval having met all the requirements, and the planning commission recommends the application for the consent agenda. Mr. Horsley: Thank you Ms. Cuellar. So Mr. Chairman, the consent agenda consisting of item number one, number three, number four, number five, number six, seven, eight, nine, and 11 moved, they be approved on the consent agenda. Mr. Alcaraz: Thank you, Vice Chair. Do I have a second? Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: The vote is now open. By vote of eight to zero items one, three,four, five, six, seven, eight, nine and 11 have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 605 and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 0 /�i .,4& ,, Avenue `o. t'cA _ 3 Bad it �' /�� �� U O .� CD •lr O M ` I 0 O N N 1 O \ \ \ \ \ \ \\ \ \ 0\ o f c CD \, ' `' * ``` C?„, \ ' . \; \ \ 10 75 8 \ \ \ \ _c N Z O b. X d \� - N i \ 0 S N ------ \ \ _--------- \ o \ co TD 11 CM C \ \ \ 2 2 cs 5 (n a_ N m - __-- 0 I .. ..C.) ;-°8c ;.Q7j .,,, ‘i!z,.,...,:-..„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NICHOLAS IULIANO [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 505 20th 1/2 Street (GPIN 24270709520002). COUNCIL DISTRICT 6 MEETING DATE: June 20, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a four-unit multifamily structure. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 505 20th 1/2 Street. This unit is under a condominium association which encompasses the subject property and the attached unit, 505 20th Street. Both the owner of this unit and the owner of 505 20th Street have signed-off on this application request as representatives of the condominium association. The surrounding area is predominately single-family and low-rise multifamily and includes several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The parking plan for this application provides the required three spaces, utilizing two on-site parking spaces and an additional leased space from 600 22nd Street, a property located approximately 0.1 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached staff report. Staff has received 2 letters of opposition from adjacent property owners, both of whom also spoke at the Planning Commission hearing and expressed concerns related to the number of exiting Short Term Rentals in the area, limited parking, and enforcement. • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 505 20th 1/2 Street and the Short Term Rental use shall only occur in the principal structure. Nicholas luliano Page 2 of 4 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Nicholas luliano Page 3 of 4 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and Nicholas luliano Page 4 of 4 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. c------ , Submitting Department/Agency: Planning DepartmentCAA(1-0 City Manager: Applicant: Nicholas luliano Agenda Item Planning Commission Public Hearing: May 10, 2023 11B City Council District 6,formerly Beach 12 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation mat ' �' „ E__.4,,- �''� Approval �R .. µ5z�F6 r Staff Planner • Ti 2,1N ; g Garek Hall Hannigan " -1--~" -11 Illi \Location '2""* 1111t0 505 20TH 1/2 ST L . rird 0 \ mill \ GPIN fi-1� - f, 111 24270709520002 0 '� Site Size --� 3,900 square feet fi - tµST c m l Existing Land Use and Zoning District Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 2,5'�St ,� ' ,, 20th 1/22Street (alley) _ ''� -�' Single-family dwellings/OR Oceanfront Resort `• , • 4 g► : _b South i...*'' i' , ..8 ° / . • 20th Street . • ‘ r i ,- -' . , �1% ,I-.'Single-family dwellings/OR Oceanfront Resort 9 . East ',Ir'^ . Single-family dwellings/OR Oceanfront Resort Z y' ., West %-', 40. '. ice.-- '• '- Attached single-family dwelling/OR Oceanfront 1�. Resort i� 4 c . 1 r, �r i'ti t Nicholas luliano Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12, 2023 to observe site conditions. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of April 17, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity p...2,0,-„;.1„---- vA.,12,..i-.\--'-- '‘ '_' __14_7t"—__--11- .(1-1-W,:.:-;' ? ..., ,___,24-601 Atel.A. Nellatte 6::----:::, , -ram����ti �� `�, 00.617i - —SIII � ' • -% aim ....y- . _ $,; l ,��;,, .-_ -. , ttgit 010-- r-------., W.f. -.4----401 --. ,, t 0 - ' ---ifve itttivit ' - -10 „lig _),_ ....,,,,,,,„ 0 ili _ 16., .. --_-A A..t1',t E rI 0 10a11 1'A \ ` :ill ,.,,,>,i l,k, _0 17 al ,•:'y. . , _..... , __, , ; Short Term Rentals,,,,,,, , . ,,,,.,„:„.,,,„„ . : . ___ .7 _____... __._ .id:::,". al:1_, CUP Stitt Mill- r 6 Z.0 I 1.is .. s. .so 1. - -{ -V __ .C., O tac0'ft... 10, . 1S :3S _- R l•j 5 rr .rr — .r. Nicholas Juliano Agenda Item 12 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 and Section 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 2 spaces onsite, 1 space leased off-site Zoning History rsT� f__---`�� # Request 1 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 10/20/2020 1 2 CUP(Short Term Rental)Approved 07/12/2022 �SN��Fs ( 3 ALT Approved 06/19/2018 0 V.--- t i 4 4 ALT Approved 05/14/2013 till'\ \.\----- 5 SVR Approved 10/08/2013 ` - ALT Approved 10/08/2013 6 ALT Approved 08/17/2021 �_ ._ Hts y 7 NON Approved 04/27/1993 f� 8 SVR Approved 09/06/2016 7 OR ' 9 ALT Approved 06/07/2016 10 ALT Approved 09/16/2014 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This Short Term Rental request is for an existing 3-bedroom attached single-family dwelling,which according to City records was constructed in 2017.This unit is under a Condominium Association which encompasses this dwelling, 505 20th %2 Street, and the attached unit, 505 20th Street. Both the owner of this unit and the owner of 505 20th Street have signed-off on this application request as representatives of the Condominium Association. The surrounding area is predominately single-family and low-rise multifamily and includes several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance. The parking plan for this application provides the required three spaces, utilizing two-onsite parking spaces and an additional leased space from 600 22nd Street,a property located approximately .1 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Nicholas luliano Agenda Item 12 Page 3 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 505 20th %2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Nicholas luliano Agenda Item 12 Page 4 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Nicholas luliano Agenda Item 12 Page 5 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023, and April 30, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 24, 2023. • 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 May 4, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. Nicholas luliano Agenda Item 12 Page 6 Site Layout & Parking Plan i .. .. , !I . _.----- - - r . 11.1 L .-4 \ i i • -507 20th 1/2 Street V -7,------X-7 -1,- -X Tr-- #141#AtiteAttiht,AP.40 ,AP 410:' c..,,,,4 0 r--i- Volt...xwat...zipays4,31,. "11001.-- - 1,___j Mterjr.griPPlivet.:11,IrrAPArorAPNIVFMr,lrectirdKonpitowirjr:1 .C;l2i• (A Cr) i t I i 507 Space 1 507 Space , I iffitiblielillelleie 505 20th 1/2 Street V _ _ i . - - - r.. T 505 Space . I 505 Space Ni , . ., 1 •_ ,re,I4 r*. - * - ir, 1 , ... SSSV SS **SS '- •*(ssi ,___, _ ji--• ."### AM4P,4040, 4,404,410, '1 • -. ‘SSS* SSS****1‘S ****Sis .,. ,.4V . • AP###, #4pV##0 ,"/A .....-- SIM S 13•51.55" E 130' ).. L 'I -. k * 41101.11°. .40 ., or• , . 2rA I V77 '. , - to- - .74, ',----'1';‘f,-4''''• -"--; ' '- .*\f ' - ,, . , _., V1P, , r,", .0.::--•-i'irlit : , A i - ,-. \ ‘. " - •?- . . t'." - -,.:-/_ -...:..,:____. --__- _:,..,14.1 4 ,_ ,,,,. '• A- . J - -4" - .. ' •-:.`_ •' - ,- . • r;':--- ..74 -. ' - ',. t /- .. • ..,..'1"; ;7:7 . - +1, .... - , , 141%4 if i 60 .t• t". -," ; ':4• - , -. -'.:''''.-----;,1-- '" 0 40 .1 bi , - - 10 , . , 504 1,44, Leased Parking ..,.., . -- , -- ' -- v am , c ,,i... Spaces, 600 22'd St " -'----- - :- ,I ' ____.,....k- 4 \ -,0 A ,,.. . ..- •,41 -4.• - - r11111'.., 1 , -,F...--__ - - - • --- ' •, • .0 ,... - " ;Or- '• kt-- ,, . , ... , t !_•_.....- 1-0 ( -:-: - ''''' - • v- 't ,r47- - ' . -,-...-- 1._-:. t,--:. ?" 0 • . 0 - 11 - 00\ - ' •:-710'. ' 700 ill . . 7113 - • ‘ _ 50 2C4 )1-• • k,..; '4,\:.• _ • 513 -4" , • • OW IV - ,•/4. 0 . . Subject Site ,.. . .., — . 1 _11-11.1,- IcrAi' •21i Nicholas luliano Agenda Item 12 Page 7 Site Photos :- J•z- - - „.... - t- I . , . 7 .,. /mass IA \ + - , \• AL - :• Ili .‘ 4. . ob. ‘ 7. . '..s 4.. .,til -....—?: ' --;',: 4 .1/46•- ••••• - - 1 .00-1 .... • 1 II , ..,, . ... M kt'-,, ,.1 4 '') 41/4 k* ' .... _..,................, i'- ,... I ..... 1 i 1.1.11•100,-- !1 i 1 .... , ' .4 ,....... ---;_—__, 11 I I 07 i-Tr, .............0. i _..- .......-mirt- I .,. ,1 i„.,..A.,.... WM..... 4 .... ' WO ..„. a . ., - _o0t4. ---- - ... ' - 4116:411."' - Ai"' - • - . Nicholas luliano Agenda Item 12 Page 8 Disclosure Statement Doa,b+gnFnvelope n E7303OC -EGGS-IE11-8EFA-75371319DA19 Disclosure Statement 4anyi Y'w' IW.A Planning&Commaunity 110110 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 applrcatwns that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring at-non by the City Council or a City board,commission or other body Ai,plicartt Disclosure Applicant Name Nicholas luliano Does the applicant have a representative? ■Yes U No • if yes,list tr.e rame of the revesentat.-e. Nicole Pace Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes NO • yes,list Vic rarnes of all officers,directors,members,t'ustee_,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent'subsidiaryl or affiliated business entity'relationship with the applicant (Attach a list If necessary) "parent-subsidiary relationship"means`a rely?ronship that exists when one corporator ectry or indirectly owns shares possessing more than 50 percent of the voting powe+of another corporation See State arc Local Government Conflict of Interests Act.VA.Code 4 2.2-310L -Affibated business entity relationship'means"a relationship,other than parent-subsidiary re,atirmthip,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 controllyig owner in the other entity,or(iiil there is shared management or cootrot between the business entites. Factors that should be considered in determining the existence of an affiliated business entity reatronship incite that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;tire business entities share the use or the sane offices or employees or otherwise share activities,resources or personnel or a regular bash;o there is otherwise a ciose wonting relationship between the entities.' See State and Local Goverrvnent Conflict of interests Act,.Va. Code§2.2-3101. Revised21.09.2020 1113agF Nicholas luliano Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement \13 dt ova.*ash Planning&Community Development Known Interest by Public Official or Employee Lloes an official or employee o'the City of Virginia Beads have an interest in the subject land or any proposed development contingent or the subjec',public action?❑Yes No • If yes what is the name of the official or employee and what is the nature o`t"e'nterest? Applicant Servicas_Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of taint,crosstoltateralization,etc)or are they considering any financing ir.tnnnection with the subject of the applicatior o'any business operating or to oe°aerated or.thr property r ■Yes Cs No • if yes,identify the financial institutions providing the service. Fe,rvMec financial Services(mortgage holder) 2. Does the applicant hare a real estate broker/agent/reactor for current and anticipated future sates o!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 prcv:ded in connection wit+°the s.rojec t a' the application or any business operating or to be operated on the property?Q Yes ■No • If yes,laentify the firm and mcirvidual providing the service 4 Does the applicant have sere ces from,ar architect/la ndscape architect/land planner:c vv:led in connettior with the subject c= the application or any busness operating or to be operated on the property?❑Yes I No • If yes.identify the firm and individual providing'he service. 5 Is there any other pending or proposed purchaser of the subject property?0 Yes el No • If yes,Identify the purchaser and purchase's service provides. Revised 11.09 202a 7 I P Nicholas luliano Agenda Item 12 Page 10 Disclosure Statement OccuSign Envelope ID t7 CtttA ECCb 4E t 1 1,1E1:A T6379019DA 19 Disclosure Statement Planning&Cmmmlnity 6. Does the app4cent have a construction contractor.n connection with the subiect of tee application or arty business operating or to to operated on the property r Yes • No • if yes,,oentify the company a"r ind':.d,aI providing the service. 7 Does the applicant have an.ineer/wrveyot/agent in connection with the subiec:of the appl,a:io^or any business operating oe to be operated on the property?0 Yes S No • it yes,identify the firm and indtv{dual providing the service. S. is tie applicant receiving legap l services in connertio with the subject of the applicatoe or any bos•ness operating or:0 hi operates o.'the property?O Yes NI No • If yes.identity the firm and indirdual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I uider,t.ind .+ upon receipt c=notilcaticn that the appticatior has been scheduled for public hearing.I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commistiton,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this appication. iviiato Applicant Signature wick Iuliano Print Name and Tide 1/20/2023 Date b the applicant also the owner of the subject property? I Yes ❑No • I'yes,you do no:need to fill out the owner disclosure statement. FOR CITY UiE ONLY/All disclosures must be updated two 12►weeks prizir to arty Planning Commission and City Council meeting that pertains to the applications Dote ktnat c!u^get at or errs6/2/2023 c.•H N P'"i1Me"" Garek Hall Hannigan Revised 11.09.2020 Wave Nicholas luliano Agenda Item 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Nicholas luliano Agenda Item 12 Page 12 ...--._;:____------,--------°— ----- 1 11 1 .-- \ y 1 ..?_:.1F-10111110t I\ . 1 • 1 • 1 i .....,-L --7..t-r-I\ \11111111 40111 "- ... 'il it ...I CO..74 \ .. 1 r- ":11 C1-112."1.1111r 1:610 I iii 1 1,1, laini 'ili 1\ _ ._ .__ . _._ ... 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'-‘11\ %IA\\W IIIIhIL <4.): i i 100.11'01iii , 6-----° € Aill__ _Iallig\ �lil ' • 7JJ11 iiriwiopt o \ ...\ co 0 , ,r1 x 11 �•-r....,-- Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 12 Nicholas luliano (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item 12, Nicholas Luliano, is an application for a conditional use permit for a short term rental at 505 20th and a 1/2 Street in Council district six. Mr. Alcaraz: Please come forward and state your name. Mr. Luliano: Hi, I'm Nicholas Luliano. Mr. Alcaraz: And you're the owner. Mr. Luliano: Oh, sorry, thought you were asking me, I said my last name. I get that all the time. Yeah, so the property owner at 505 20 and a 1/2 Street. Mr. Alcaraz: All right, go ahead. Mr. Luliano: All the conditions are acceptable. Mr. Alcaraz: Okay. Is there any questions? None. All right. I think we have some opposition, so we're gonna hear them. We're gonna give you a chance to come back. Mr. Luliano: Okay, thank you. Mr. Alcaraz: Thank you. First speaker. Madam Clerk: Calling Sandy Dietrich, followed by Sarah Welch. Mr. Alcaraz: Hello, if you can just state your name and your address. Ms. Dietrich: Sandra Dietrich, 518 20 and a 1/2 Street. Mr. Alcaraz: Okay. Ms. Dietrich: The house, the two structures that are duplex, it's actually a four-plex that are requesting are down the street from us. They have very tight parking almost no green space, only one of the units has green space in front. None in back because they're, it's a four unit complex, 20 and a 1/2 Street has no street parking. There is, it's an alley. So there is no off street parking. It's very, very tight street. So it's difficult for two cars to pass. So that's one of our concerns, but our main concern is having lived there for five years is when parties and, it gets out of control. There's more than the allotted number of house guests permitted, and we had an incident a couple of years ago where there were over a hundred people in one of the units next door to us, and the police came, tried to empty the house of the, all the extra guests and the police told us there was no recourse. Their hands were tied and at a recent, at a recent Beach Resort Civic Meeting, we had someone up, sergeant from the second precinct who again confirmed that the police hands are tied. So when there's a large party or something going on, unless a crime is committed, they have no recourse. As a neighbor, we have no recourse other than to call the police, maybe they can empty the house, but that is it. The other concern is that we found out that the planning commission has never revoked a conditional use permit. So as neighbors in the neighborhood, we have no recourse. We're permanent residents, but we have no one. The police hands are tied. The Planning Commission is issuing all these conditional use permits, but as permanent residents, we just don't have a recourse and if you call the number on the signs that are now required for short term rentals, it goes to a voicemail and then you get no call back. Also, if you don't know the owner, how do you get in touch if there is a problem? And now the house behind us, that owner has moved to Texas. So if there were issues, we can, we have his email, but what do we do? Again, there's no recourse. So we just feel that as permanent residents who want to live in a nice neighborhood close to the beach, we're as residents, we're not being heard. It's more like you're treating the neighborhoods as a tourist destination as opposed to the permanent residents that we just have no recourse. So I feel that the Planning Commission should take a look at maybe placing some kind of density cap per block so that a block does not have all short term rentals, that there is a balance between permanent residents and short term rentals. So I just asked for your consideration in this like I say, the street is very narrow, we are in alley, we'd like to remain a neighborhood as more where you get to know your neighbors rather than people checking in and checking out and checking in and checking out. Mr. Alcaraz: All right, Ms. Dietrich, I'm gonna ask if there are any questions for her before she sits. I have a couple of questions anyway. The incident was that a short term rental, a licensed one that was next door to you? Ms. Dietrich: I'm not sure that they were licensed at the time. We also have a, I will add one more other thing we have. Mr. Alcaraz: Well, I just wanna specifically the hundred person party was that licensed? Ms. Dietrich: I'm not, I'm not sure if they had, Mr. Alcaraz: I'm just trying to see what, you know, jurisdiction the planning staff has. Ms. Dietrich: But there were a hundred people. There were 10 police cars, and the police said there was nothing they could do. Mr. Alcaraz: Well, the staffs here, I'm sure they're taking this in and they'll see what they can do. I'm not sure, as long as I've been here, I don't know if we've ever revoked STR, but I mean, I don't know. I don't think we have. Ms. Dietrich: That's what I'm saying. You haven't, so. Mr. Alcaraz: Because it's still new and they're going through the process. Where is your house compared to this one? Ms. Dietrich: We're on the opposite side of the street about 1, 2, 3, 4. Mr. Alcaraz: So you're on 21st then? Ms. Dietrich: I'm on 20 and a 1/2. Mr. Alcaraz: This is 20th and a 1/2, right? But you're on the other side of the street. Ms. Dietrich: Right. Mr. Alcaraz: So, okay. Ms. Dietrich: We're on the opposite side of the street. Mr. Alcaraz: So 518. So you're closer like Town Bank. Ms. Dietrich: I'm sorry. Mr. Alcaraz: You're closer to Town Bank that way, not West, I'm trying to get your bearings where you're at. Ms. Dietrich: I'm just across the. Mr. Alcaraz: This is 505 and you're 518. Ms. Dietrich: I'm 518. I'm only about five doors up on the opposite side. Mr. Alcaraz: Okay. Is there any other questions, Mr. Coston? Mr. Coston: I just had a comment. I believe the staff added people who could respond to these types of complaints. Is that not so? Ms. Sabo: For staff, absolutely responds to when we get violations, unfortunately we don't work 24 hours a day, so if there is a complaint that comes in after hours that would go to police, they would be the ones who respond to that. If police respond, we have a good relationship with the police. If they respond to a short term rental, we are notified so that we can make note of that, and take the proper violation action if necessary for that short term rental, but we do respond to that. Mr. Coston: So that's something that's been added since a few years ago so that they can track if there's an issue at a short term rental so that you can get that complaint in, that would then cause the revoking of a short term rental at some point. Ms. Dietrich: Well, in response to that, we have at 526 20 1/2 Street, he does not have a conditional use permit and he's still running un illegitimate short term rental. So, and we've made complaints and I'll look into that property. So again, that's our concern. Thank you for your time. Mr. Alcaraz: Thank you. Madam Clerk: Sarah Welch. Ms. Welch: Good afternoon, thank you for your time. My name's Sarah Welch and reside at 522 20 and a 1/2 Street. I'm right down the street from the proposed rentals four or five houses down. I stand in opposition of these short term rentals for the rationale that the street's already active, very active in my opinion with the short term rentals at 518, 525, and the unpermitted one at 524, which is directly next to my property. There are 35 houses between Mediterranean and Baltic because that's where we're at and on the, between the north side of 20th, the South side of 20 and a 1/2 and 21st street. So that's where the 35 houses are. With the current number of short term rentals, we've had situations of loud tenants, parking issues, lawns unkempt, I've submitted photos in the past to the short term rental community. Every time there's a renter in our illegal home that's right next to mine. We also have had one at that Sandy mentioned at 516 where the owners tried short term renting and it blew up, and they quickly stopped doing it, regularly especially through the hundred days of summer that we all love between Memorial Day and Labor Day, there are parking issues or actually travel issues when you're trying to get in and out of Mediterranean and Baltic, when people are moving in and out. There are not many parking spots typically for these houses and so when people are moving in, they have a tendency to park where they can and then park behind those cars while they're moving in and moving out. Again on this alleyway, you're trying to go get groceries on a Saturday, I work full-time. You're trying to go get groceries on a Saturday and, you know, you struggle getting out onto the street. So I just think that with these additional short-term rentals, the parking issues are gonna increase. I had a situation where I had a renter come to my property, ring my doorbell, ask me if they could pay me to park in my driveway while they were renting the house next door. We continuously have folks who live on 21st Street, but their driveways are on 20 and a 1/2. The renter's park in their driveways, and then they try to get out and they have to go to the house and ask the renters to move their car so they can get out their driveway. I moved to Virginia Beach in 2019, and I purposefully bought in this area because it was residential and not full of investor real estate. I drove from Sam Bridge to North Beach to look for locations and I liked this area and Old Beach. So what I wanna do as I can see my time's running out, but I wanna ask you all to truly consider a density cap. Sandy and I have talked a lot about it. I think a 5 to 10% density cap is a very reasonable thing for this Commission to think about. The other thing that I wanna remind all of you is that once a short term rental address is identified as short term rental, it is a short term rental at that address. It can change owners multiple times and it remains a short term rental and so I just wanna make sure that you think about that as you make your decisions. I respectfully request you take my feedback into consideration and I thank you in advance for your time. Mr. Alcaraz: Hold on. Any questions? None. Okay. Next speaker. Thank you. Madam Clerk: That's all the speakers for this item. Mr. Alcaraz: That is. All right, sir if you can come up front, can you address any concerns that you just heard for us please? Mr. Luliano: Yep absolutely. I do appreciate the concerns, you know, brought on by Sandra and Sarah. I'm happy to give you my phone number and stay in constant communication, you know, I'm speaking on behalf of myself and Jamie George, who's next up on the agenda. We're the property owners at 505 and 507 20 and a 1/2 Street. We've been neighbors for almost six years and we're the original owners of the current property construction in 2017. We still live there and plan to remain property owners for their foreseeable future. These houses will always hold a special place in our hearts as we both started and have begun to raise our families there. We love the community as you do walks to the farmer's market, local businesses, the boardwalk, et cetera. But we are both looking to begin our next chapter as our families grow, we are looking to relocate within Virginia Beach, and when we do, we feel that operating our properties is short term rentals, it's what's best for our family's futures. But we still plan to stay active within our local vibe district community as property owners. As shown on the agenda, the surrounding area has dozens of short-term rentals operating with a conditional use permit, and likely many more to come with the construction now underway at Atlantic Park. The properties are within the Oceanfront Resort, short term Overlay District and also many other properties on our street and near us, operate as longer term rentals with 6 to 12 month leases. We plan to contract with Sojourn Property Management to manage our properties and rental contracts, Nicole Pace; the Chief Operating Officer of Sojourn is in attendance today. They market themselves as high end rentals and thus we plan to charge premium. This alone will help dictate our clientele as it sounds like that's a bit of a concern. In all perspective, renters will go through a fraud and background check, and we have the ability to approve or deny renters. Our preferences are rent to traveling families and traveling professionals. After all, tourism is a key economic driver in Virginia Beach. We do not intend to be any sort of detriment to the community. We plan to invest in it and help it continue to thrive, you know, and to directly address some of those concerns, you know, we do have our own parking here. I can understand higher up on more West on 20 and a 1/2 Street, where some of those houses are compact and its shared parking where that can be difficult. But we have clearly defined parking spaces and we'll have clearly defined parking spaces for each of our units, two off street parking spaces per unit and we've also contracted with a local business to have a third off street parking space in order to meet the city requirement of three off street parking spaces per bedroom. You know, we haven't had an issue living on the property for almost six years. understand it can get tight on the street sometimes, but you know, we do have that off street parking available again, I am happy to provide our number to our neighbors. We want to be neighborly throughout this process and we are gonna continue to be involved property owners and keep up with the property and all that. Thank you. Mr. Alcaraz: Hold on, any questions? Ms. Cuellar: I have a question. Mr. Alcaraz: Sure, Ms. Cuellar. Ms. Cuellar: You had mentioned in your comments that you have a property manager who's gonna be managing the short term rental. Mr. Luliano: Yes. Ms. Cuellar: And have you had the opportunity, do they have a plan in place, if you will? Should there be a complaint for the property? Mr. Luliano: Yeah, can I invite her up to speak? Mr. Alcaraz: Oh, that's up to Ms. Cuellar. Ms. Cuellar: Sure. Ms. Pace: Hi, Nicole Pace. I'm from Sojourn. We are a local real estate brokerage and property management company. We started in DC in 2019 and moved down, opened in Virginia in 2020, opened our brokerage in 2022 in Virginia Beach. We manage about 300 properties from New Jersey to North Carolina. We're very, very experienced property managers. We hire local on the ground hospitality managers. We have lots of great rapport in Norfolk with our neighbors and there,we have our signs up with our phone numbers on them, so would not be opposed to that being one of the plans, but we do make sure that everybody in the neighborhood knows to call us. We have somebody that can respond in every neighborhood that we operate in within 20 minutes. We also contract with a local security company. So if we were to have any problems, we understand that the police can't do anything but the property manager can come and revoke a stay because once you give the property at short term rental license, these people are transient and not residential. So we can come in, change the codes, we operate, all of our codes are remote controlled. So at any point we can revoke access and in this area, I don't know if I've, anyone else in Virginia Beach is doing this, but I do know in Norfolk and North Carolina, we're the only company backed by Lloyds of London. So we have a third party security system like screening system that Nick brought up. So if you book with us on any platform, anywhere, the first thing you have to do is verify your identity. Your identity has to match your credit card. Your credit card has to match the reservation. It's big circle. No codes are released. No addresses are released. Nothing is released until we make sure that all of those pieces come together and because of that, we have almost no problems at all in six states. So yeah, we went through the COVID and the crazy of all the renters and we take a lot of pride in operating legal, safe, short term rentals that cater to professionals and families. Ms. Cuellar: Thank you very much. Mr. Alcaraz: So, hold on, let me ask you,just a scenario. I'm just curious. So let's say it happens, I just wanna know, what happens if there's a hundred people in the house? What do you do? Ms. Pace: Well,we would call our security company and then we would revoke access, right? We would go in, we'd start clearing it out. I'm not saying it would be a perfect scenario, right? We would hope to partner with local law enforcement to help us. But I think the difference is if the property owner or the property manager is there with the police and says like, this is trespassing. These people are not allowed to be on this property. The codes are revoked, everybody's got to go. But I will tell you like we have noise monitors and cameras in every single unit. I also don't wanna get up at one o'clock in the morning to clear 100 people out. But I personally, own the company and I personally monitor what's going on in this region at night. So once those noise monitors start going off and those cameras like pick up too much, like front door opening and closing too often, we're already on it. We're there when the first 12 people get there right. We're not showing up two hours later when the cars are lined up down the street and the situation is completely out of control. Mr. Alcaraz: Sure. Is there a fine? Ms. Pace: We do put a $500 fine for like smoking and noise in our thing. It's not always enforceable on all the platforms, but it's very much. Mr. Alcaraz: I know it's different for every manager. Ms. Pace: Yeah, but the thing is with Super Hog, which is our identity program, that's the Lloyds of London program, you're forced to buy a damage waiver and you're forced to put your credit card on file. So once you do that, you're much less likely to go in and destroy someone's home because you now are like legally responsible. Where if you book on AirBnb, you could just show up and AirBnb covers you like they have an insurance policy. But with us, we don't care what platform you're booked on, you have to buy this insurance policy and that you have to sign something saying like, you're not going to intentionally cause any damage, right. We understand if like an accident happens, but so it really is like probably the best to turn out there. Mr. Alcaraz: All right, thank you. Ms. Pace: You're welcome. Mr. Alcaraz: Any questions? I have one for the owner. The parking space, the way it's shown, is there actually eight parking spaces there? Mr. Luliano: Yes. The entire property is four units. So there are two that face 20 and a 1/2 street as you see there and then there's two other units that are gonna continue to operate as private residences that face 20th Street. They both as we are technically a condominium, they both signed off on our application for the conditional use permit, so there is eight spaces and it's two off street parking spaces per unit, which was the city requirement when the property was built. Mr. Alcaraz: Understand, now I understand, okay. So the parking for the front units are in the back too, okay. That's all I had. Any other questions? All right, thank you. Mr. Luliano: Thank you. Mr. Alcaraz: We'll go into discussion if there is any, anybody. I'll start, if you guys wanna jump in. I know this is in the OR district. The OR district has that element of rental properties. I know one of the speakers stated that she looked and I guess did her due diligence and seeing if she wanted live there, but. I drove around there too, and I know the area and there's like one story duplexes all in that area. So there is a rental identity in there, and I guess it's just, it's improving and I see this, I think there was a duplex where this four-plex was right, and now they're in a OR district, however I hear, I hear the residents and it all comes down to management. Then that's where, sorry to say that we need help from the planning department's staffing, so I know we're understaff and these odd hours where these things are happening. It's a control issue that we can't get to. It puts us in a bad situation because we have to sit here and vote yes or no. It's an OR district, but then these other units that are illegal or poor management are the ones that are making it hard for us to vote. So that's my comment. I'm kind of, I need to hear from you guys. See where you guys want to go on this. Mr. Horsley: I don't think I can help you or not any, but I'm, you know, I'm very sympathetic to the lady that spoke earlier, but like I say, it's in the OR district and I guess it's, you know, we can make all the rules in the world, but it's really hard to enforce a lot of them, if the police can't get it done, you know, it's a bad situation. So it was interesting to hear from the management, the young lady that spoke that manages property, it seems like they've got their act together and maybe, but I think staff has heard what the lady spoke about. I think they're going to try to do something to rectify those situations with the police department and whatever and, because that's planning staff, they're not policemen, I mean, but they do the best they can. Like I say, we could use a few more when we can get that approved, but, so I don't know whether that I'm in favor of the application. I guess it's in the right district for it, and George lives down that way and he says it's in the rental district. So I guess that's kind of what that property is but, I do have the sympathy for the people who live there that are full-time residents. This is one of the things, back when we first started talking about short term rentals years ago; I said that to get into communities where people live. But we tried to rectify that by establishing the OR districts and just happened to end up being in one. So I guess deep down, you know, never been a big fan of short term rentals, but, you know, I have to abide by the ordinance and according to what ordinance is, I guess this one should fit into this area. So, I don't know if that helped too much tonight, George, but that's kind of way I feel, I guess I would have to support it. Mr. Alcaraz: All right, Mr. Coston, go ahead. Mr. Coston: I think I saw staff taking an address down, the one that y'all mentioned that was operating illegally. So that's going to be addressed and like they said, it's in the OR district and I don't even know if we're going to have say so in the future, but I'd move that we. Mr. Alcaraz: Thank you, Mr. Coston, Ms. Cuellar. Ms. Cuellar: Thank you Mr. Chairman. I think there's a lot of risk involved when it comes to short term rental, both from the property owner and for the renter and was reassured today looking at the applicant, hearing from the applicant and the steps that he's taking to be the best neighbor possible when it comes to a short term rental. So I wanna thank the management company for providing that as I were living down on 20th and 1/2 Street. I would be reassured by that. I'm also very empathetic to the residents who are here today, but given the diversity in housing that it offers to our city, I would be grateful to for the planning commission to give, do the best that we're able to when it comes to the complaints and the management. I know it is difficult, but as we continue this dialogue to be the best neighbors that we could be to each other, I just wanna thank the applicant and the management company, so I will support this application. Mr. Alcaraz: Okay. Anybody else? Mr. Clemons. Mr. Clemons:Yes. Thank you Mr. Chairman. I just have a couple of comments. I'm very empathetic to the neighbor's situation. I would point out that I think this is a great opportunity to try to build improved relationship and responses with the police department in that particular area and perhaps with respect to all short term rental communities, there's gotta be some way forward in terms of, you know, maintaining, you know, peaceful living environment for the people who live here, as well as allowing those who do come to visit our city to be able to enjoy it. Thank you very much. Mr. Alcaraz: All right. Thank you. Well, I think Mr. Horsley you said, what I was thinking is, and I really appreciate the presentation with the management because it all comes down to management that's what it's all about and I'd really like if maybe planning department can get either a resume or something when they do the application on who that management firm is to help us and not just a, sorry to say because I've heard some of 'em have been the house cleaners over there and are they responsive or, you know, if they're a distant owner who they have to represent 'em over there. But I think that's our number one problem is management that they need to be responsive. appreciate the plan you gave us and, I'm gonna support it if someone can make a motion. Mr. Horsley: I make a motion. We approve the application based on the facts that were provided by the applicant and his management company. Mr. Alcaraz: All right. I got a motion from Mr. Horsley. Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is open. By a vote of eight to zero, the item has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 505 20th '/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 1 J \ 11 III' ------- co: \::::\____ ____ ______ _____________ R ' ,� � ' /' ,. StCee \ _------ ______ _ Nal� f \ OR \ ___------__ I//// ryp 'r \ 1 y k `, 'kilt 21, //Agr r`i � r r stce201h Pt N r A Site u,., l�1► E Property Polygons Jamie George `v Zoning 507 20th '1/2 Street S Building Feet 0 510 20 30 40 50 60 f.?±T.% 7) sJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMIE GEORGE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 507 20th 1/2 Street (GPIN 24270709130002). COUNCIL DISTRICT 6 MEETING DATE: June 20, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental unit within a four-unit multifamily structure. • Considerations: The applicant is requesting to operate a three-bedroom Short Term Rental in a residential dwelling unit located at 507 20th '/2 Street. This unit is under a condominium association which the subject property and the attached unit, 507 20th Street. Both the owner of this unit and the owner of 507 20th Street have signed-off on this application request as representatives of the condominium association. The surrounding area is predominately single-family and low-rise multifamily and includes several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The parking plan for this application provides the required three spaces, utilizing two-onsite parking spaces and an additional leased space from 600 22nd Street, a property located approximately 0.1 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached staff report. Staff has received 2 letters of opposition from adjacent property owners, both of whom also spoke at the Planning Commission hearing and expressed concerns related to the number of exiting Short Term Rentals in the area, limited parking, and enforcement. • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 507 20th '/2 Street and the Short Term Rental use shall only occur in the principal structure. Jamie George Page 2 of 4 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. Jamie George Page 3 of 4 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to Jamie George Page 4 of 4 be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. , Submitting Department/Agency: Planning Department0,040/ City Manager: Applicant:Jamie George Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach 13 ci,I/of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation —vim - soR. ss Approval R �:S 5 Staff Planner �, 3j Garek Hall Hannigan Ill '", " -...“, L •ice �` z Location �'01111 I- , 507 20TH 1/2 ST Orrtile ‘si t, . i Is GPIN . IN 'i__.y; 24270709130002 , w ` S00, yc " s Site Size � O , w ' 1' 1(sost 3,900 square feet ,�� M 1`; �� 1Z01 St Existing Land Use and Zoning District Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North �; �5 f lk 20th%Street (alley) V . At - -•` v__V Single-family dwellings/OR Oceanfront Resort `` ' �^ i South r , �, } '• - 20th Street • ii,, s -1-0. ' 4; i Ci • ivy ;,1H�' Single-family dwellings/OR Oceanfront Resort = �' t East �* VO ti —. ,c , Single-family dwellings/OR Oceanfront Resort „ el" West ': N `....\.''. .#0r) -' Attached single-family dwelling/OR Oceanfront _ - I Resort • f R a ::lt ! Jamie George Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12, 2023 to observe site conditions. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of April 17, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity _,,,..,,t,_,-- v- ___Avi. :71,-;,-----. k\ ,110- -- ...--.. \ It ' . _ .. . .... \'' t 1:l + 1111 _ �� 00 ' -Olt _ MVOS, 0111116pw.at____„,-,--- 0 , _•.' ' _1_---.---.- r it-.*--(c, ,...oisi0 iii 4 liki ___...miii.o. - 1-iii . ' - - -WO iiik ii 1 i • et ' -7: - - -----',110101 1.1v-' 1 * t • 111W4011--'''.' �-, ,if \ '% _ lk � �__ r .-1..--- 11116,4_, .. ',_ r N . .3, :II! IIIIII.P.__-.-- ---- '-' ‘ t„, u ,...,„.„,,,,„4 . _____ , _. Short Term Rentals I. s , ____ --- V. _______ ,i\ -9,s-!: kr, ..„,,.- _,,,:- , , . _ , .,,,,,.., ,k .----,--- 7--n--. Ali- Jamie George Agenda Item 13 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 and Section 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6 • Number of parking spaces required (1 space per bedroom required): 3 • Number of off-street parking spaces provided: 2 spaces onsite, 1 space leased off-site Zoning History - # Request 1 CUP(Short Term Rental)Approved 10/20/2020 • CUP(Short Term Rental)Approved 10/20/2020 2 CUP(Short Term Rental)Approved 07/12/2022 ► .5 F 3 ALT Approved 06/19/2018 4 ALT Approved 05/14/2013 `- - '` 1' oa011\ 5 SVR Approved 10/08/2013 ALT Approved 10/08/2013 6 ALT Approved 08/17/2021 SS 7 NON Approved 04/27/1993 8 SVR Approved 09/06/2016 OR '1 9 ALT Approved 06/07/2016 10 ALT Approved 09/16/2014 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This Short Term Rental request is for an existing 3-bedroom attached single-family dwelling,which according to City records was constructed in 2017.This unit is under a Condominium Association which encompasses this dwelling, 507 20th 1/2 Street, and the attached unit, 507 20th Street. Both the owner of this unit and the owner of 507 20th Street have signed-off on this application request as representatives of the Condominium Association.The surrounding area is predominately single-family and low-rise multifamily which feature several other Short Term Rentals, in keeping with the typical uses of the Oceanfront Resort area west of Pacific Avenue. The subject dwelling unit has not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance. The parking plan for this application provides the required three spaces, utilizing two-onsite parking spaces and an additional leased space from 600 22nd Street, a property located approximately .1 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. Jamie George Agenda Item 13 Page 3 Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 507 20th 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 9. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Jamie George Agenda Item 13 Page 4 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Jamie George Agenda Item 13 Page 5 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023, and April 30, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 24, 2023. • 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 May 4, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 4, 2023 and June 11, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 5, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 16, 2023. Jamie George Agenda Item 13 Page 6 Site Layout & Parking Plan .E.:10 , iiir:-...i.,_- _____ to v - ��P_X--�-X,p 507 20th 1/2 Street A 1\ .H _ t"i iAZ $ *$))$ $ )' t i '44 el C.n CO ace 507 Space �' ill507 p S 505 20h 1/2 Street ,*.- I 505 .:411-1* 505 Space i Jr'', *N4 ' sii �/r / Ii� Biel I ♦S►, ♦11r'41►St► SS►iS* ,-,. iII #! IIt II#.4IIIIIII . plivall v rl � v, Z ■ - -ri b,'‘ 4111,44.,4' tv ' -- 1 e 'er�.� ly 5231 St7 �• . ,�'�. ` rre‘ ,",-bii 1`5a9 , , s , tom: ?1 '531 j.- , " .4 eV , • ' '♦� � , b 1 �� . , -, .. - f* • s Leased Parking - ` - - ..)... ,,,..„ ,_,,,...- �. Zo r Spaces, 600 221d St A 0-4.4e41.' , ,.-.ate" 1f 'i I% 512 1 ? L L , .i 4. J:,- . , 46. ,i, ill •• it✓'s._ t 6O ) fill; t, , ,t '' t #ra7 leg- -*' - ' .,00- s \t1{� I 11101111111k 44\. 700 629 51 6°950 fr ', st."- -, ,. .6 A51 52' - • ti'r x „ta Subject Site 1 Jamie George Agenda Item 13 Page 7 Site Photos . L ,,,,..... 44....,...„ •, mg A. -P ' ' } ,,• .J.'- *Y,``W ,,, - F ' _ / I 1-s gx.s - _ tom _ - _ i� , - - ,mot "4",:11 iii a; ' :%-tii4. --JP- k: " ,.. :�. I . .mot J Jamie George Agenda Item 13 Page 8 Disclosure Statement r..oniSign Fnr'e'cpe II) 51i4A7R/•977-4FAl 917F r3445flf18C7l36 Disclosure Statement ___ A/13 _ ,. _w_ = Planning&Commu pity Development The disclosures contained in this form are necessary to inform public officials woo may vole on the application as to whether they have a conflict of interest under Virginia law The completion and submission o'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 otter bocy. Applicant Disclosure Applicant Name Jamie George Does the applicant have a representative? ® Yes 0 No • It yes,list the name of the representative, Nicole Pace Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 20 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 affiliatec business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corpo•atlor 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(ill)there Is shared management or control between the business entities. factors that should be considered in determining the existence of an affi-iated business entity relationship include that the same person or substantialy:he 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;nr there is otherwise a close working relation shin between the entities." See State and loci Government Conflict of Interests Act,va Code§2.2 3101. Revised 11.09.2020 1 I t' Jamie George Agenda Item 13 Page 9 Disclosure Statement t)cu5gn l-rvelope II)8184AZlfA-9779-41-91-9178 84451X)&D7Be Disclosure Statement 'NB cdv ark'WpoCommunity ie[i]tl�ls � �n�{-� Planning&Co_'�`�unity Development Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach rave a :rtcrest in t-ie subject land or ary proposed development contingent on the subject public act:un:'❑Yes [J No • If yes,what is the name of the official or employee and what is the nature of the interect1 Applicant Services Disclosure 1. Dues'.he apu'icar:t have any existing financing(mortgage,deeds of trust,cross-cdlateralization,etc)or are they considering any financing r connection with the subject of the application or any business operating or to he operated on the property? ®Yes ❑No • if yes.identity tee hiar5ciel institutions providing the service. ennyMac Financial Services(mortgage holder) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated Lture sales ortne subject property? ❑Yes ►:4 No • It yes,identity the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connect cn v:it•the suojert of the applicatio-or any business operating or to be operated o1 t-.e rr petty'G Yes ®No • 1 yes,identify the firm ano iridiviotasi providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connect-on with the subject of tre application or any business operating or to be ope'itca un the property?❑Yes ®No • if yes,identify the tirm and nd+--vidual providing th r• vic e. S. Is there any other pending or proposed purchaser of the subject prnpenty7 0 Yes ®No • if yes.identity the purchaser and purchaser's service providers Revised 11 091020 Wage Jamie George Agenda Item 13 Page 10 Disclosure Statement DoorSign cnvcloc+e ID.6184A2BA-g77ci-4E81-SI78-&445DD8C276h Disclosure Statement Ni3 Planning&Community Development _ 6. Does the applicant have a construction contractor it conneimoi with the subject of the application or any business opPrat rg or :n he operated on the prope'ty7 0 Yes ®No • If yes,.oentify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent rn connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,iderti*y the f-rm and individual providing the service. 8. ►s the applicant receiving legal services in connection with the subject of the application or ary business ooerating 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 a-the information contained in this Disclosure Statement form is camp ete,trite,and au.arate, u-wers:and ,,poi recent a'notificatior that the aopli-ation has bee-1 scheduled for public hean,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 ar any public body or committee in connection with this application. ur: Ap Bunt nattue yet,,86lFIB,44 Print Name and Title 7 :-/T1 ► LL I t chnu 11 301 2 3. Date is the applicant also the owner of the subject property? 0 Yes ❑No • I.,yes,you do rot need to fill out the owner disclosu a stateriem. FOR CITY USE OhMY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications tr.a"MialII I oatr 6f 2J2023 AMP :; C%. . "'14"1"" Garek Hall Hannigan Revised 11.09.2020 3(P a R r Jamie George Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Jamie George Agenda Item 13 Page 12 STR VICINITY MAP JAMIE GEORGE \ la —' ilai---.- .. ,..4..1 . ,..,,c-.......,. -.,t, S -_ \ 1 _.r_ ri_t_ h,lw-a---,i-i-xlrl\a-)\. - .-.7:--1- 4 .1 %1,, --— A6,-A"':1: alk :!__.:; ,_,. - -..".--:• .-.---. f iti V‘nr-' 1Pir-7____ek. ,. 1. ''10.10 1 '1' 7'.,..--1-1 --II"' - I ---,--- -------i lirr„,, lilt S -4_ -,e,, ----it- • I vi = 101 . __. ----_--..-r-:----\ -tot , - . 1_,. .. . . 71 - , .. , . __-...7------,rati y1.01- % 1. ,.,6.7-7=. . --rue ____. _____-7:::: -iikt:::::7:-.: AllitiliW,,,-q .' u " iw.„tlivi _ --..., wait . . vol •__ . ..,..... , • " ,..____ nil ....„1_,4 ,...m4._ .:, iiivw___ '.1,- -----10.----i fir' ....___..ms,.,,,, :41, 4! ..,,,o___. . 040 .itviaistr. ‘ -______--. •,,4 -t...., = ..ter 11�y'��0 _ _ . i . . . _ _ r r , 1 li V '-' 100 I II I lit '10 . ' 11. -.7: '.-. A'2--' ""*-1- --is %%1I wi, 0-.------:= ..----A. k. - -: _:_---- - --,01 kt\ , ., ' Aii. Ts . ____--- -- - At . .... 0*- %lel—AAVVI _ 7777T7�1i lam = �"ti i1. 1� � _ -ilk.,r1 5 1 --_-_= 4..„,"\e•' %-'' 7.--r:'-'ii VI • - ----7* ki ------'. 11 • re' looll • i .lir, • .4 ', _,_------- ..1.71H13:i il . Short Term Rentals1 - "" '�' � ir-1,,:c,..... it, f r.'+I.♦r --" _ ��;---. 144. _I111111', - • 9: I* 1St -II • CUP Stitt 1:._ - ` t. �,,L III .ri_\.: ii2 • I cam+oss 6. '4" \ 1-----" 0 etr,00l•Raga* - - ---r laill Virginia Beach Planning Commission May 10, 2023, Public Meeting Agenda Item # 13 Jamie George (Applicant & Property Owner) Conditional Use Permit (Short Term Rental) RECOMMENDED FOR APPROVAL Ms. Alcaraz: All right. Thank you. Next and I guess last item. Madam Clerk: Agenda item number 13, Jamie George is an application for a conditional use permit, a short term rental at 507 20th and 1/2 Street in Council district six. Mr. Alcaraz: State your name please. Ms. George: Jamie George. Mr. Alcaraz: And state your application. Ms. George: Excuse me. Mr. Alcaraz: You can go ahead and state your application or any information you need us to know. Ms. George: Oh yeah. I mean, so I'm just sort of in the same boat as Nick, as he said. We live right next door to each other. So I'm the property at 507 and I do, mean, I completely understand the resident's concern, you know, we live there and deal with the same traffic and all the same things. But I mean, just wanna reassure them that, I mean, we're doing this, as he said to sort of transition out of this area to raise our children in more of like a neighborhood with a larger yard, but possibly with the hopes of returning to these homes. So, I mean, I think that's why we invested in Nicole and Sojourn to manage these properties for us because, you know, we don't want to burn bridges and we want them to be managed and run efficiently just for, you know, the extent of our property and possibly going back. Mr. Alcaraz: So do you live there now? Ms. George: I do. Mr. Alcaraz: So do you know the people that came forward and had concerns? Ms. George: I mean, I recognized them sort of just from the street, but don't know them personally. No. Mr. Alcaraz: All right. I just knew if you, okay. Ms. George: Yes. Mr. Alcaraz: Any questions for her? None. Yes. Ms. Byler: I was impressed that Mr. Luliano your next door neighbor offered his cell number to the neighbors and said that he would personally stand behind all of the residents and I wondered if you shared his feeling. Ms. George: Of course, 1000%. I mean, as I said, there may be a time when in years to come once my daughter is older, that I'd like to return to this property. mean, I love the neighborhood. I love the house so I mean, I want to be there to be neighborly and make things as easy for everyone that lives there permanently. Ms. Byler: Okay. Thank you. Ms. George: I definitely would share that. Mr. Alcaraz: All right. Thank you. All right. Next speaker. Madam Clerk: We have the same speaker Sandy Dietrich, followed by Sarah Welch if they have any more comments, I suppose. Mr. Alcaraz: Would you like to come forward and is there anything that you wanna bring up that you might wanna say? No. You're more than welcome, miss your chance. Ms. Dietrich: I love this for a minute. Mr. Alcaraz: I know. Ms. Dietrich: Sorry. Mr. Alcaraz: We're sorry too. Ms. Dietrich: I appreciate the comments of providing phone numbers and contact information. I'll say that the other owners have said they would do that and one has done that, so I just wanna make sure that this commission knows that a lot of times, the owners will say they'll do that and then they don't. So I just wanna make sure that people understood that. Mr. Alcaraz: Sure. I think staff took that down and I'm sure they'll take the address on the one that was done being done illegally. Ms. Dietrich: And the only other comment I wanna make on the one that's not, that's being done illegally is I'm in constant contact with Ms. Channing Tatum or Channing Tuttle and she gets probably photographs from me at least on a weekly basis of the renters in the house illegally. Mr. Alcaraz: Are you getting a response? Ms. Dietrich: Well, I continuously hear that and I believe it's the truth. I'm not denigrating by any means, but they say it takes a lot to build a case to remove someone from doing something illegally and if it's that hard to build a case from someone who's doing it illegally, I can't imagine what it would be like to try to revoke one and when I contacted about what the process was for revocation, no one could explain that process to me because they've never done it, so just wanted to share that. Mr. Alcaraz: Thank you. Ms. Dietrich: Thank you. Mr. Alcaraz: Okay. Would you like to come forward and say anything, or are you okay? Okay. All right. So we're closed, guys open for discussion or I'll entertain a motion. Anybody? Ms. Cuellar: I'm gonna hope that with the management of these two rentals that this would be a best practice in moving forward in the short term rental area. So I'm gonna support the application. Mr. Alcaraz: All right. We got a motion from Ms. Cuellar? Do I have a second? Mr. Horsley: Second. Mr. Alcaraz: Second by Mr. Horsley. Madam Clerk: The vote is open. By a vote of eight to zero, this item has been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson X Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee X CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 507 20th 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. A third (3rd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1. 9. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14. Accessory structures shall not be used or occupied as Short Term Rentals. 15. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 16. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 17. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 20. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 21. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING 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.co_m 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/weblink/register/rec74847f227efbb0715 3 c 16d5 fdc7d97 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 20, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/06/2023 PAGE: 1 R H H C L H O R A H T W W U E L EMR U A I O CDNCMMOL Y L O C Y L 0 1 OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN I. CITY COUNCIL RECONCILIATION A. VICTUS STUDY UPDATE Taylor V.Adams, Deputy City Manager Taylor V.Adams, B. ACTION SPORTS SERIES Deputy City Manager II-IV CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F SESSION G. MINUTES 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL and FORMAL SESSIONS APPROVED May 16,2023 2. SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y May 23,2023 H. MAYOR'S PRESENTATIONS 1. CHRISTINE MANN DARDEN AWARD Presented by Celeste Murphy Greene,Ph.D.. MPA,Executive Director Center for Environmental Justice and Resilience 2. RESOLUTION IN RECOGNITION Taylor V.Adams 3. RESOLUTION IN RECOGNITION Joe Bumsworth 1. PUBLIC HEARING 1. LEASE OF CITY PROPERTY- NO SPEAKERS COMMUNICATION TOWER 10,340 Square feet with access and utility easement at southeast perimeter of Stumpy Lake Golf Course K.1. Ordinance to AMEND the FY2023-24 Annual ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Appropriation Ordinance,Sections 17/ 18,re CONSENT employee salary increase K.2. Resolution to APPROVE the Modification of a ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Construction contract re Providence Road CONSENT Sidewalk Improvements K.3. Resolution to AUTHORIZE / DIRECT the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Manager to EXECUTE the MOA re CONSENT continue the Hampton Roads Regional Stormwater Management Program between the City and Hampton Roads Planning District Commission(HRPDC) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/06/2023 PAGE: 2 R H H C L H O R A H T W W U EL EMR U A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O F ITEM# SUBJECT MOTION VOTE I R YBK DENR N N K.4. Ordinance to AUTHORIZE temporary DEFERRED 11-0 Y Y Y Y YIYY Y Y Y Y encroachments into a portion of City-owned INDEFINITELY,BY property along the 83`d Street beach access,15' CONSENT into the Coastal Sand Dunes re construct and maintain long beam welded to a steel pole and chrome painted fiberglass dolphin DISTRICT 6 RECOMMENDATION:DENIAL K.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a 5' City Utility and CONSENT Drainage Easement adjacent to 2205 Admiral Circle re construct and maintain a vinyl bulkhead and wood wharf DISTRICT 8 K.6. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE Memorandums of CONSENT Understanding (MOU) with the Virginia Department of Historic Resources and Asbury Christian Fellowship Church Inc.;ACCEPT/ APPROPRIATE $25,000 from Virginia Department of Historic Resources to the FY 2022-23 Consolidated Grant Fund Operating Budget re restoration activities at Pleasant Ridge School at 1392 Princess Anne Road K.7. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $1,919,161 from Virginia Office of Children's CONSENT Services to the FY 2022-23 Human Services Operating Budget and TRANSFER$695,569 within the Human Services Department for required local match re Children's Services Act Program K.8. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y • Y Y Y Y Y Y $33,760 from the Virginia Department of Social CONSENT Services to the FY 2022-23 Human Services Operating Budget and AUTHORIZE $8,440 local match from available funds within the Human Services Department re support the Companion Services Program K.9 Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $3,100 from Virginia Department of Behavioral CONSENT Health and Development Services to the FY 2022-23 Human Services Operating Budget re substance abuse prevention and treatment L.l CITY OF VIRGINIA BEACH DEFERRED TO JUNE 11-0 Y Y Y Y Y • Y Y Y Y Y Y DEVELOPMENT AUTHORITY/CITY OF 20,2023,BY CONSENT VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2 Approved December 13,2016(Deferred from April 4,2023) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/06/2023 PAGE: 3 R H H C L H O R A H T W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK D ENR N N L.2 WHITT G. SESSOMS, III & TERESA E. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSOMS for a Change in Nonconformity re CONDITIONED,BY expansion of dwelling at 109 43rd Street CONSENT DISTRICT 6 L.3 COMMONWEALTH AUTO GROUP,INC/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BAYSIDE PROPERTIES, LLC for MODIFIED/ Modification of Conditions to a Conditional CONDITIONED,BY Use Permit re motor vehicle sales&rentals at CONSENT 4873 Haygood Road DISTRICT 9 L.4 GIGGLEMUG MARKET, LLC / ST. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FRANCIS EPISCOPAL CHURCH for a CONDITIONED, Conditional Use Permit re open air market at BY CONSENT 509 South Rosemont Road DISTRICT 3 L.5 KELLY PEPPER / KELLY & DAVID APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y PEPPER for a CUP re family day-care home CONDITIONED,BY at 2132 Teasdale Drive DISTRICT 5 CONSENT L.6 NANCY G. BRAITHWAITE for a CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y bulk storage yard at 520 Oceana Boulevard CONDITIONED,BY DISTRICT 6 CONSENT L.7 Ordinances to ADD Article 24 to the CZO and APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y AMEND CZO Section 102 re establish the CONSENT Pembroke SGA Overlay District-Western Campus L.8 Ordinance to AMEND CZO Section 202 re APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y flood zone height requirements CONSENT L.9 Ordinance to AMEND the Virginia Beach APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Comprehensive Plan 2016 re incorporate CONSENT Flood Resiliency Toolkit/Commercial Area Pattern Book M. APPOINTMENTS RESCHEDULED BYCO N S ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:06/06/2023 PAGE: 4 R H H C L H O R A H T W W U EL EMR U A 1 O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCNS A O O I: ITEM# SUBJECT MOTION VOTE 1 R YBK DENR N N ARTS AND HUMANITIES COMMISSION Reappointed: 10-1 Y Y Y Y Y Y Y Y N Y Y Cynthia Romero 4 Year Term 7/1/2023-6/30/2027 Appointed: Mark A.Johnson 4 Year Term 7/1/2023-6/30/2027 BAYFRONT ADVISORY COMMISSION Reappointed: 10-1 Y Y Y Y Y Y Y Y N Y Y Phillip Davenport Robert Magoon 3 Year Term 7/1/2023-6/30/2026 HAMPTON ROADS PLANNING Reappointed: 10-1 Y Y Y Y Y Y Y Y N Y Y DISTRICT COMMISSION Patrick Duhaney 2 Year Term 7/1/2023-6/30/2025 HOUSING ADVISORY BOARD Appointed: 10-1 Y Y Y Y YYY Y N Y Y Terry Stevens- Representing Citizen Member Unexpired Term thru 9/30/2023 Plus 4 Year Term 10/1/2023-9/30/2027 TIDEWATER COMMUNITY COLLEGE Appointed: 10-1 Y Y Y Y Y Y Y Y N Y Y BOARD Connie Meyer 4 Year Term 7/1/2023-6/30/2027 VIRGINIA BEACH CANNABIS Appointed: 10-1 Y Y Y Y Y Y Y Y N Y Y ADVISORY TASK FORCE Letitia Langaster- Representing Economic Development Unexpired Term thru 12/31/2023 Plus 2 Year Term 1/24/2024-12/31/2025 WETLANDS BOARD Appointed: 10-1 Y Y Y Y Y Y Y Y N Y Y Jerrod Katzer- Representing Full Member Unexpired Term from 7/2/2023- 10/31/2023 Plus 5 Year Term 11/1/2023-10/31/2028 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:57 PM OPEN DIALOGUE 6 SPEAKERS 7:25 PM