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Home My WebLink About9-19-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. 'BOBBY"DYER,At Large S�u,,.BE,4C VICE MAYOR ROSEMARY WIISON-District 5 �� MICHAEL F.BERL UCCHI-District 3 ''" i BARBARA M.HENLEY-District 2 / V N.D. "ROCKY"HOLCOMB-District 1 �' ROBERT W. "WORTH"REMJCK-District 6 ;- - • DR.AMELIA N.ROSS-HAMMOND-District 4 'o a ''V fL JENNIFER ROUSE-District 10 JOASHUA F. "JOASH"SCHULMAN-District 9 eR OUR tOk10~5 CHRIS TAYLOR-District 8 SABRINA D.WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REML4S September 19,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 2:00 PM A. PUBLIC HEALTH UPDATE Dr. Caitlin Pedati, Director—Virginia Beach Public Health District B. FLOOD PROTECTION PROGRAM& CAPITAL IMPROVEMENT UPDATE 2:30 PM Jeffrey Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering C. DOMINION ENERGY EASEMENTS UPDATE 3:00 PM Tim Copeland,Real Estate Agent—Public Works (Requested by Mayor Dyer) D. SPECIAL ELECTION COUNCIL&CONSTITUTIONAL VACANCIES 3:30 PM Dana Harmeyer, Senior City Attorney (Requested by City Council) II. CITY COUNCIL DISCUSSION/INITIATIVES/CO1VIlViENTS 4:30 PM III. CITY COUNCIL AGENDA REVIEW 4:45 PM IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Pastor Michael Rhoad Senior Pastor, International Christian Church 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 September 5, 2023 2. FORMAL SESSION September 12,2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Hunger Action Month 2. RESOLUTION IN RECOGNITION Barry D. Knight I. PUBLIC HEARINGS 1. LEASE—FIBER OPTIC DARK CABLE TO LUMOS TELEPHONE, LLC 2. LEASE OF CITY PROPERTY—FARMERS MARKET Building 7, Spaces 7 & 8 to Creekmore's Place,LLC Building 2, Space 11 to Kempsville Florist&Gift Shop,Inc. Building 1, Space 10 and Guard House to Seasons Best Bakery, LLC Suite 815 to Beach N Seafood,LLC 3. APPLICATION FOR THE TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for a portion of City right- of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue for up to five(5) years 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Haleigh Harper Krause for the City-owned dwelling located at 2089 Indian River Road 3. Resolution to REQUEST the Commonwealth Transportation Board approve two (2)projects for the Transportation Alternatives Set-Aside Program for FY2024-25 and FY2025-26 and AFFIRM the City's local commitment to such projects re Pacific Avenue Pedestrian Crossings Phase H and Norfolk Avenue Pedestrian Improvements 4. Ordinance to ADOPT a City Council Policy re Legislative Agenda Process and Adoption Requirements(Requested by Mayor Dyer and Vice Mayor Wilson) 5. Ordinance to AMEND City Code Section 21-407 re charges for towing and storage of vehicles (Requested by Mayor Dyer and Council Member Remick) 6. Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion of an unimproved lane adjacent to the rear of 200 76th Street 7. Resolution to SUPPORT Revenue Sharing Project#100058, "Centerville Turnpike Phase III" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 8. Resolution to SUPPORT Revenue Sharing Project#100123, "Cleveland Street Improvements IV" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 9. Resolution to SUPPORT Revenue Sharing Project#100340, "Rosemont Road Phase V" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 10. Resolution to SUPPORT Revenue Sharing Project#100529, "Elbow Road Extended Phase H- B" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 11. Resolution to SUPPORT Revenue Sharing Project#100278, "Nimmo Parkway VII-B" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 12. Ordinance to ACCEPT and APPROPRIATE $8,007,388 from the Department of Defense Community Investment Pilot Program; ACCEPT and APPROPRIATE $1.4-Million from the Virginia Military Community Infrastructure Grant Program and Fund; APPROPRIATE $2,031,738 from the General Fund to the FY2023-24 Police Department Operating Budget; TRANSFER such funds totaling $11,439,126 as Pay-Go funding to the FY2023-24 Capital Improvement Program Project#100536, re"Creeds Training Center Renovations" 13. Ordinance to ACCEPT and APPROPRIATE $1.5-Million from the Virginia Department of Transportation State of Good Repair/Primary Extension Paving Program to CIP#100401, "Street Reconstruction II"re road paving projects 14. Ordinance to ACCEPT and APPROPRIATE $650,000 from the Carbon Reduction Program to CIP#100537, "Dam Neck Road/Holland Road Intersection Improvements"re stormwater infrastructure improvements 15. Ordinance to ACCEPT and APPROPRIATE $327,820 from the United States Depai tiuent of Homeland Security to the FY2023-24 Police Department Operating Budget and TRANSFER $109,273 for a required local grant match re purchase of a replacement marine patrol vessel and electronics upgrade to a separate marine patrol vessel 16. Ordinance to ACCEPT and APPROPRIATE $98,630 from the Department of Motor Vehicles (DMV)to the FY2023-24 Police Department Operating Budget re overtime and equipment expenses related to speed enforcement 17. Ordinance to ACCEPT and APPROPRIATE $67,450 from the Department of Motor Vehicles (DMV)to the FY2023-24 Police Department Operating Budget re overtime,training,and equipment expenses related to DUI enforcement 18. Ordinance to APPROPRIATE $599,000 to the Virginia Beach Volunteer Rescue Squad, Inc. re an interest-free loan to purchase two(2)new ambulances 19. Ordinance to APPROPRIATE $587,676 from the Technology Trust Fund to the FY2023-24 Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades 20. Ordinance to APPROPRIATE $20,267 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re social media advertisements, targeted media e-mail distribution,website advertisements, and retargeted ad purchases with the goal of recruitment of sworn personnel 21. Resolution to APPROVE the Modification of a Construction Contract re Lake Pleasure House Outfall L. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and a parcel between 2307 &2309 Millwood Road DISTRICT 8 RECOMMENDATION: DENIAL APPLICANT REQUESTS DEFERRAL TO OCTOBER 17,2023 2. BURNETTE BAUM DEVELOPMENT CORPORATION for a Conditional Use Permit re car wash facility at 6213 Indian River Road DISTRICT 1 RECOMMENDATION: APPROVAL 3. KIDS ADVENTURE/SIKIRU ADEDOYIN for a Conditional Use Permit re family day-care home at 5408 Larissa Court DISTRICT 1 RECOMMENDATION: APPROVAL 4. SPEEDGEARZ, LLC/ COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 (Deferred from September 5, 2023) RECOMMENDATION: APPROVAL 5. LONDON BRIDGE DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 (Deferred from September 5, 2023) RECOMMENDATION: APPROVAL 6. FRANCES ROBBINS-OMAN/FRANCES ROBBINS-OMAN AND KYLE OMAN for a Conditional Use Permit re short term rental at 907 Pacific Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 7. JIM LUTZ/ LULU 1 LLC for a Conditional Use Permit re short term rental at 921 Pacific Avenue,Unit A& 915 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL 8. ASCENSIONS GROUP,LLC/AG THE WAVE,LLC for a Conditional Use Permit re short term rental at 400 22nd Street&2106 Arctic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 9: NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th 1/2 Street DISTRICT 6(Deferred from August 15, 2023) RECOlVIlVIENDATION: APPROVAL 10. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th 1/2 Street DISTRICT 6(Deferred from August 15, 2023) RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COM iTTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMIVIISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 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://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TCheliusgvbgov.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/r019eba5e39ed3be14f85850fl 7a2a456 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 19, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. PUBLIC HEALTH UPDATE Dr. Caitlin Pedati, Director—Virginia Beach Public Health District B. FLOOD PROTECTION PROGRAM & CAPITAL IMPROVEMENT UPDATE 2:30 PM Jeffiey Waller, P.E., Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering C. DOMINION ENERGY EASEMENTS UPDATE 3:00 PM Tim Copeland, Real Estate Agent—Public Works (Requested by Mayor Dyer) D. SPECIAL ELECTION COUNCIL & CONSTITUTIONAL VACANCIES 3:30 PM Dana Harmeyer, Senior City Attorney (Requested by City Council) II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM III. CITY COUNCIL AGENDA REVIEW 4:45 PM IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Michael Rhoad Senior Pastor, International Christian Church 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 September 5, 2023 2. FORMAL SESSION September 12, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Hunger Action Month 2. RESOLUTION IN RECOGNITION Barry D. Knight soaCvytr JACOr4.99°0” 94 /91'<) ‘ •aasyl,-,Ctuam,I,puv puvsno1 ontJ'sagtualdas fo CCvQ,yluaaeautu styl paktffv 39 01`vtuigs}(),Vvag,mu.ultra,fo 4;3 ayt fo_mac_mpg()aya parnm puv puv y{w gas otunatey aavy I` u �°asa!4��Yb I 'yavag vtu;Bnn,f0 4?,9 paaopag sno#-ydn saylenfpuv alvualddv uvo suotlasauag asnitf lvye or fltuntuueoii aye fo luauuallag pun 1?fauag ay;sof teotzvu sno 1noyBnosyl saguny Sutlzvgutoa ui lsxsry o1(Counuauo'1no u1 suaztlu ay1 uodn ptrr I'rime vim,uj kva uoz tc,ca9unJ( TZOZ `St lagusaiday Rue- y1uoy4 uo ve-Jaidunx£ZOZ Jaguaidair .tutT9otd,Cgasay op'tnutBsi(},`yob tnudio4,fo Ct�0y1 fo soCvyG'.eaCQ).,C9gog, 'PG 11a94 7 autivayL mom •sansse palvjas-eaBuny o1 uotluasty puv msnorae asotu aloaap o1 paau ayl fo rsauaswnv Sutstvs puv saiuny Su ssatppv ui t'uvg goof fo aaurrlsoduu pun a3as ayl lnogv a3doad 8utivonpa ui vauaute g tyaaa,puv'•fiyuvgj _pool mutbstn,fo uotwsapaj,ay1'salts wvddosd puv rapua8vsaulsvd 00Z1240 yunt guojv'a:0ys tuaesv3i alp puv mu:Beth,tualsnayltws'fourhipoo,I ay)yvm Bu4tons.o1 pam:awry st yavag,mu164.14 fo aWL zwataym, pun'matt stay;saalun30a sit pant sv'spunfpuv pouf papo3 01 rltoffa kourauwo0 ut atvdtatlsvd puv ztoddns o1 palmy!asv sumzvztuvgso(41untumoa puv'.sarrautsng'suaattpptt =amy% puv'mvak;sty vale aatntas 1.1111 atanbr S62'6sno utytun saguny Suvuauact a ssogyttau of goof fo spunod uotpnu Le uvyl aiow patngulstp aloys ulsv3i aye puv muigs ,u•eatsvaylnos fo'ntvypoo,I ay, wa az pun?mu pampas v 1v so aasfsof,Cvp Gana uasptya fo suotpnu oe syvatu rnouulnu,Qtdmtb Suyuwsd ua a3osdvnlu,v(Ctyd ui'rwasgosd uwlulnA ypty3 •xpy , puv'aft kyvvay anttnt uv sofpoof Onoua o1 ssanv luals•esuoa may 1ou L'vus oynt uaspptya aenlarutgoof 00£'9 uvyl asout 01 awoy stpuv(Of£'I£)%8'9 fo alas hunaasutgoof v svy pram vtutYsln,fo k11)ay', xmsat y pua.'uufjtyo Sung 000'69Tuvy1 asotu pu v 3doad 000192 sof aauauardYa,Gaup v n saguny puv%I 8 s21 vtutgst.t,ui ales,Ctutuarutgoof ay_L ; puv!asnaasut poofasv salv6pal111(1 ay1 ui(%8'ZI) ua1p3ty.)uorptw 6 uvyl vow Butynput f%b•OI)ajdoad uottstut 6£Cyvau 1vy1 salmutlsa vauautprgutpaaz xteasaym, pun Paau uI suazma o1 raamosat puompyv apmosdpuv kttumuuw) _ow to saguny evgtuoa 0t,Ctusaaau ay1 tnogv rsaualvmv anvl 01 sdalr Su4v1 st yavag,muthsii,fo iG_t3 ayl, :rpy puv!pvag,vostRen fo£u,3 aye pun'mwgsin, fo yjvanuouewo3 ay1'saurlspaliu?,ay1 ut tuaauoa mud fo sansst alv,ClunaaruI poofpuv sagun,K DVav U0tJUUi oiet Pa$.vitA19 c, E1 RESOLUTION WHEREAS:Native Virginian;Barry D Knight, has served in the Virginia House of Delegates since 2009.Barry is the current Chairman of the House Appropriations:Committee as well as serves on the General Laws Committee and the Rules Committee;and WHEREAS:Barry has,spent his:professional life in the field of agricultural business.In the political scene, Barry has proactively worked to bolster the.local:economy and vigilantly,protect citizens'rights;and WHEREAS:Barry's introduction to;farming began at the ripe,age of 14.By 26, he had purchased his own farm which grew to be a vast 640 acres and produced?up:to 25,000 finished hogs each year.Utilizing his expertise,Barry served as the President of the Tidewater Pork,Producers from 1984-1990 and was appointed..by two Governors to the Virginia Pork Board;and _WHEREAS:Barry has accumulate4 several honors.including)'Virginia;FQnn-Bureau's Young Farmer of the Year, Clean Water Farm Award,and Virginia BeachMa{n of the Year.in Agriculture;and WHEREAS:Barry has also been a.publicrservant to the,very;sante community that has contributed to his personal and professional success.°Barry4as ch PC(nning`Commission,. Virginia Dare Soil and Water, Virginia Beach Farm.Bureau;MilitwyrAviai ocn#Museum, S5uthern-,States•Cooperative=Chesapeake Association, Back Bay/Pungo Civic League, -eikt'Grove Baptistt`Church Joint Le$isCdHve Audit Review Committee, and the Major Employment and InvestmentComniission,•and` WHEREAS: Barry has frequently':;been.•awarded the "Champion of Free Enterprise" by the Virginia Chamber of Commerce,named the 2021 Legislatororf the•Year,'.and named Legislator.ofthe':Year by the Virginia Sheriffs'Association, The Agribusiness Council's Man of the Year,end Port Champion by the Virginia Maritime Association;and WHEREAS:.Barry's acts of services touch members of his community as a former coach for women's league softball and little league baseball.Alongside his family;Barry is a devout and active member of the Oak Grove Baptist Church.Barry is the chairman of the grounds committee,,the business moderator,past deacon,and can often be found teaching Sunday school;and WHEREAS:On this day,we honor a pillar of our community who deserves our deepest gratitude and respect for all that he has accomplished and forhis:earnest efforts to serve our citizens;and NOW,THEREFORE,BE IT-RESOLVED:,That the Virginia Beach City Council pause in its deliberations to express its appreciation to Barry D..Knight for his commitment and service to our City and our Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia the 19th day of September 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. Al-64-efft,_,0� __Ac7 n ' cky//W Council Member Michael F.•Berlucchi Council Member'BarbaraM.Henl Council Member ND. " k 1W01(Qbeitt"cir 707' Ite Council Me ber Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond cuncil Member Je ' o e Counci Member Joashua F. 'Joash"'Schulman Council Membe hris Taylor ii Member Sabrina D.Wooten /� Vice Mayor Ro1"rr on Mayor Robert-) .''"Bo "Dyer I. PUBLIC HEARINGS 1. LEASE—FIBER OPTIC DARK CABLE TO LUMOS TELEPHONE, LLC 2. LEASE OF CITY PROPERTY—FARMERS MARKET Building 7, Spaces 7 & 8 to Creekmore's Place, LLC Building 2, Space 11 to Kempsville Florist& Gift Shop, Inc. Building 1, Space 10 and Guard House to Seasons Best Bakery, LLC Suite 815 to Beach N Seafood, LLC 3. APPLICATION FOR THE TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM .y YF NOTICE OF PUBLIC HEARING LEASE OF DARK FIBER On September 19,2023,at 6:00 p.m., in the Council Chamber of the City Hall Building 1, 2401 Courthouse Dr., Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing. The purpose of this hearing will be to obtain public comment regarding a proposed lease of four strands of City-owned fiber optic cable to Lumos Telephone,LLC,in the form of dark fiber to connect Lumos's network infrastructure in Chesapeake to Lumos's network infrastructure in Virginia Beach. Any questions concerning this matter should be directed to the Department of Information Technology at(757)385-1381. Otif( If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303;Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at httnv//vtinv webex cxxn/we hli n k/register/r019ehgSPIA bd3be14f85850t175254S6 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on September 19,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon: September 10,2023 Ku k' r3` r. T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease Agreement With Lumos Telephone, LLC for Four Strands of Dark Fiber Located in the City's Communications Network PUBLIC HEARING: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"). Certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("Available Fiber"). Lumos Telephone, LLC ("Lumos") is a fiber optic network service provider that offers data, broadband, voice, and IP services in the mid-Atlantic region. The City's Information Technology Department received a request from Lumos to lease four strands of Available Fiber in the City Network to connect Lumos's network infrastructure in Chesapeake to Lumos's network infrastructure in Virginia Beach. • Considerations: The interest of the public, including the City's economic development goals, will be served by allowing Lumos to lease a portion of the Available Fiber, in accordance with the terms of a short-term lease agreement. The proposed lease is for a twelve (12) month term ("Initial Term") with the option for up to two (2) six (6) month renewals ("Renewal Term(s)"), upon mutual written consent of both parties. Under the terms of the proposed lease, Lumos will pay the City $687,072.00 for the Initial Term, and an additional $343,536.00 per Renewal Term, if applicable. Lumos will apply for all necessary permits and will pay all associated costs to connect to the City Network. The proposed use of the City's Available Fiber by Lumos will not interfere with the City's continued use of the City Network. • Public Information: A public hearing was advertised on September 10, 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 September 19, 2023. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, and Disclosure Form Recommended Action: Approval Submitting Department/Agency: Information TechnologP City Manager: 09 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AGREEMENT WITH LUMOS TELEPHONE, LLC. 4 FOR FOUR STRANDS OF DARK FIBER 5 LOCATED IN THE CITY'S COMMUNICATIONS 6 NETWORK 7 8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the 9 purpose of providing communications capabilities to City government facilities ("City 10 Network"); 11 12 WHEREAS, certain bundles of fiber optic cable installed as part of the City 13 Network are excess because they are not currently needed to meet the City's 14 communications needs ("Available Fiber"); 15 16 WHEREAS, Lumos Telephone, LLC ("Lumos") is a fiber optic network service 17 provider that offers data, broadband, voice, and IP services in the mid-Atlantic region; 18 19 WHEREAS, Lumos desires to expand its communications capabilities in 20 Hampton Roads; 21 22 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and 23 economical to lease fiber optic cable, specifically, four strands of dark fiber, from the 24 City rather than to construct additional facilities of its own; 25 26 WHEREAS, the City believes that the interest of the public, including the City's 27 economic development goals, will be served by allowing Lumos to execute a short-term 28 lease for four strands of dark fiber, in accordance with the terms of a lease agreement; 29 and 30 31 WHEREAS, the proposed use of the City's Available Fiber by Lumos would not 32 interfere with the City's use of the City Network. 33 34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Manager is hereby authorized to execute a short-term lease 38 agreement between Lumos and the City, for a term of twelve months, with an option for 39 up to two additional six month extensions, upon mutual written agreement of the parties, 40 for four strands of dark fiber in the City Network, in accordance with the agreement and 41 such other terms, conditions and modifications as may be acceptable to the City 42 Manager and in a form deemed satisfactory by the City Attorney. 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: fry. AL-w1/4-44. i Department of Information City Attorney's Office Technology CA16216 R-1 September 6, 2023 2 SUMMARY OF TERMS Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Telephone, LLC LESSOR: City of Virginia Beach ("City") LESSEE: Lumos Telephone, LLC("Lumos") TERM: Twelve months ("Initial Term")with the option to renew for up to two(2)six(6) month renewal terms("Renewal Term(s)"), upon mutual written agreement of the parties. LEASE FEE: Lumos will pay the City$687,072 for the Initial Term;$343,536 per Renewal Term (if applicable). Lumos to pay a one-time splicing fee of$11,675.55. PROPOSED USE: Lumos will connect its network infrastructure in Chesapeake with its network infrastructure in Virginia Beach GRANT OF LEASE: Lease for exclusive use of 4 strands of dark fiber, lease for nonexclusive use of each interconnection point,and lease for exclusive use of interconnection fibers connecting the leased fibers and each interconnection point. OWNERSHIP: All components of network remain property of the City. Fiber is leased only as dark fiber. City not required to provide additional goods or services. NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use any component of the City Network(other than specific fibers and interconnection points leased to Lumos). ACCESS TO CITY FACILITIES: City is not required to construct or install any facilities for Lumos. All work on City network(constructing, lashing and slicing) is to be performed by City. City has right to relocate City network. Lumos must obtain all require permits, approvals, consents and authorizations. Lumos required to construct any infrastructure required to connect to City network. TERMINATION: City can terminate for cause,with notice and cure period. City can also terminate for convenience,with written notice at least 60 days prior to termination date. LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to other party for indirect,consequential,special,incidental or punitive damages, or lost profits. INSURANCE: Lumos must provide City with certificates of insurance prior to commencing work. Required insurance includes Worker's Compensation, Commercial General Liability,Automotive Liability, and Professional Liability Insurance. Virginia Beach APPLICANT'S NAME_Lumos Telephone, LLC____ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two (2)weeks prior to any Page 1 of 5 Planning Commission and City Council meetina that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE REVISIONS SUBMITTED ^ATE Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ Lumos Telephone, LLC If an LLC, list all member's names: Gridiron Fiber License, LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Gridiron Fiber Corp., Gridiron Fiber License, LLC, Panther Parent, Inc, Panther Norway Holdings, LLC, North State Telecommunications, LLC, North State Telephone, LLC, North State Communications, LLC, North State Communications Long Distance, LLC, North State Communications Advanced Services, LLC, and Lumos Fiber of South Carolina, LLC 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ If an LLC, list the member's Page 2 of 5 1.7 4 d w-< vt fir b E • Virginia Beach names: 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 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 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ n Accounting and/or preparer of Deloitte- Tax Return your tax return preparation only ❑ Architect / Landscape Architect / NA Land Planner Contract Purchaser (if other than Gridiron Fiber Corp. (Lumos ❑ the Applicant) - identify purchaser Telephone parent entity)consolidates purchasing - see and purchaser's service providers disclosures within Any other pending or proposed NA ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ 0 Construction Contractors Credle Concrete, FiveStar, Utilities One, Mas Tec ❑ X❑ Engineers / Surveyors/ Agents Bryler Financing (include current CAPEX is funded by both ❑ 0 mortgage holders and lenders internal operations and credit selected or being considered to agreement facilities that are provide financing for acquisition not incremental to this or construction of the property) agreement. ❑ X❑ Legal Services NA Real Estate Brokers / NA Q 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 ❑ U an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 : '. _ :_ '...,-. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Z7 A-e Derek T Kelly 9/8/2023 APPLICANT'S SIGNATURE ///JJJ PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 f.„,.4 ......„ ..,,,, . , _ ): • ......„. PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, September 19,2023,at 6:00 p.m. in the Council Chamber.City Hall-Bldg.1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property located at the Virginia Beach Farmers Market: 1. Bldg.7,Spaces 7&8(980 sq.ft.)to Creekmore's Place,LLC 2. Bldg. 2,Space 11 (960 sq. ft.)to Kempsville Florist&Gift Shop,Inc. 3. Bldg.1,Space 10(939 sq.ft)and the Guard House (100 sq. ft) to Seasons Best Bakery,LLC 4. Suite 815(720 sq.ft)to Beach N Seafood,LLC If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works-Real Estate Office,2473 N. Landing Road, Bldg. 23, Virginia Beach, Virginia 23456, (757) 385- 4161.pwrealestate@vbeov.com. 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: httnsj/vbaov.webexoocn/webhn g/reglster/r019eba5e39ed3bel 4f85850f17a7a496 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 19,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON:September 10,2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Creekmore's Place, LLC for City-Owned Property Known as Building 7, Spaces 7 & 8 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Spaces 7 & 8 in Building 7 at the Virginia Beach Farmers Market, which consists of approximately 980 sq. ft. of space (the "Premises") and received one submittal from Creekmore's Place, LLC, a Virginia limited liability company ("Creekmore"). Creekmore has been leasing the Premises for over 20 years and desires to enter into a new lease with the City. The Premises will be utilized for the sale of produce and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate ;+ City Manager: fiii0 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH CREEKMORE'S PLACE, LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS BUILDING 5 7, SPACES 7 & 8 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Spaces 7 & 8 in Building 13 7 at the Virginia Beach Farmers Market, which consists of approximately 980 sq. ft. of 14 space (the "Premises") and received one submittal from Creekmore's Place, LLC, a 15 Virginia limited liability company ("Creekmore"); 16 17 WHEREAS, Creekmore has leased the Premises for over 20 years and desires 18 to enter into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of produce and related 21 items, and for no other purpose; and 22 23 WHEREAS, Creekmore has agreed to pay the City rent in the amount of 24 $10,611.84 annually ($884.32 per month) for the first year of the term, with a five 25 percent (5%) annual rent escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 5 years 31 between Creekmore's Place, LLC and the City for the Premises, in accordance with the 32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 33 other terms, conditions or modifications as may be acceptable to the City Manager and 34 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 LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM i torney blc Work/ Real Estate CA1 825 11vbgov.com\dfs 1\applications1citylaw\cycom321wpdocs\d0301p039100849156.doc R-1 September 7, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Creekmore's Place, LLC, a Virginia limited liability company PREMISES: Building 7, Spaces 7 & 8, consisting of 980+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$10,611.84 annually ($884.32 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of produce and related items; and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP Bldg.8- 1. j // R • 23 24 •• 2s 7 r � r v : u / � R ` Ae tl 1a 1t II1i��to UI12 11 uI I a� 2• a a'q rIl a sI 4 // / X \,. a r c a s 2 2 1 1\� `' ,� ems.,Ago p.m.watm 1 4 {{l / ► Ia is 11 12 /2 14 15 13 th,....,(,, : \ INN MI 14, 11111 464. . I IN \ a - _ cc z Mt 1 / t , \ \ _ 1 4 i 4fe a __ 1.� ME: 1 mw k I / 1 ' --� a o • T \` \�1 ; _ • * I h — U \\ 0 I _._ L f 1 AP ` ' - ' 4ee 1PIS lllllllll'1tl 4 i // ,4 '/ .1 1 t \ 9 •' a4i.,.,,,..rA, mium j♦ • i =t N ‘ \f / rt 2I` 1 DAM NECK RD 3640 Dam Neck Road, Bldg. 7 Spaces 7 & 8 Virginia Beach, VA 980 sq. ft. Retail Space Disclosure Statement11/47/3 NI,r f vtrpuco It .r, Planning& Community Development --,____ — A 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 CLvcre S -Pi c e L --C Does the applicant have a representative? ❑ Yes VI • If yes,list the name of the representative. 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) 1(y' (-N YflU' kL �3 lc yr 5k • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i P a g e Disclosure Statement11/413 Cey of Virprniu 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 XNo • 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 o • If yes,id tify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,ide tify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner pr vided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes / o • If yes,identify the firm and individual providing the service. _ v i 5. Is there any other pending or proposed purchaser of the subject property?0 Yes O No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure StatementVI3 ary of tirvinki Mk 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 No • If yes,identify the company and indivicluY providing the service. 7. Does the applicant have an engineer/surveyor/agent in onnection with the subject of the application or any business operating or to be operated on the property?0 Yes O • If yes,identify the firm and individual providing the se ce. 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 o • If yes,identify the firm and indivi ual roviding 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. -- h_ct: 1-/y 4),Ji . Applicant Signature _ --)f1ct ✓ra-. (", 1143 Print Name and Title Date • I s — .7.Q 7 3 Is the applicant also the owner of the subject property? ❑ Yes o AN • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date Signature Print Name Revised 12.09.2020 Wage cNIABE,j�� • tea. tsi re CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Kempsville Florist & Gift Shop, Inc. for City-Owned Property Known as Building 2, Space 11 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Space 11 in Building 2 at the Virginia Beach Farmers Market, which consists of approximately 960 sq, ft. of space (the "Premises") and received one submittal from Kempsville Florist & Gift Shop, Inc., a Virginia corporation ("Kempsville Florist"). Kempsville Florist has been leasing the Premises since 2010 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of fresh flowers, indoor and outdoor plants, unique handmade glass ornaments and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate 9 City Manager: t'/YY7 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH KEMPSVILLE FLORIST & GIFT 4 SHOP, INC. FOR CITY-OWNED PROPERTY 5 KNOWN AS BUILDING 2, SPACE 11 IN THE 6 VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 11 in Building 2 at 13 the Virginia Beach Farmers Market, which consists of approximately 960 sq. ft. of space 14 (the "Premises") and received one submittal from Kempsville Florist & Gift Shop, Inc., a 15 Virginia corporation ("Kempsville Florist"); 16 17 WHEREAS, Kempsville Florist has leased the Premises since 2010 and desires 18 to enter into a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of fresh flowers, indoor and 21 outdoor plants, unique handmade glass ornaments and related items, and for no other 22 purpose; and 23 24 WHEREAS, Kempsville Florist has agreed to pay the City rent in the amount of 25 $14,824.44 annually ($1,235.37 per month) for the first year of the term, with a five 26 percent (5%) annual rent escalation for each year thereafter. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for up to 5 years 32 between Kempsville Florist & Gift Shop, Inc. and the City for the Premises, in 33 accordance with the Summary of Terms, attached hereto as Exhibit A and made a part 34 hereof, and such other terms, conditions or modifications as may be acceptable to the 35 City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 38 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM t nis)q.,p uic Wor / Real Estate CA1605 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs1d030\p039\00849156.doc R-1 September 7, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Kempsville Florist & Gift Shop, Inc., a Virginia corporation PREMISES: Building 2, Space 11, consisting of 960+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$14,824.44 annually ($1,235.37 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh flowers, indoor and outdoor plants, unique handmade glass ornaments and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP Bldg,B ' /// /// R. / / / =F 27 f / / !3 b 23 j: 9 y� / / - 4- /// as »IuI+hIh1 14131:11++ilali lli1514 / / l 1 %> \ `` ., a 7 a s e s x + ► Ill I 3 +i , . 1 / - ` ;f -i � ♦ � F- � �iy� �Restauro _; '- 1 11 uLu N 1 4 -\/WZ\ -74-____ 4 --i 11P °I t" -,1/ 7 1 4e,,t / 111111P 111 1 qi/I WA" • ----> \—N I 1 \ \ //VII Mt 1 I1 , DAM NECK RD 3640 Dam Neck Road, Bldg. 2 Space 11 Virginia Beach, VA 960 sq.ft. Retail Space Disclosure Statement City of V rptrw IInw�i 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 rr�� • Applicant Name C'i A k KO- AC-ALL n s j R.M.otA41 (ti-bYis 4' v(}f (i-s i i - Does the applicant have a representative? El Yes &NQ • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) E[Ai Le, VA). ,ti ,- L'- ' t,1L&.y U,CL 12 .15, b t:: znl�44:s �(It b,l'j 11C4. t�l �t l') —r-kCat.au`fY-✓ • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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 entitles 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 J P a g e Disclosure StatementNifi3 City ofV7.mrofi Planning &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea h 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 l'No • If yes,identify the financial institutions providing the service. 2. Does the applliic nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 6G 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?VI Yes ❑ No • If yes,identify the firm and individual providing the service. • din ut{ b-1 4. Does the applicant have services from an architect/landscape architect/land planner provid d 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 the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes IZ No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement1:15 cuyqftir1 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 71/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. 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 ONo • 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 r krtk -rJS 1Jfl I llrASI, z Print Name and Title ' � 3 Date Is the applicant also the owner of the subject property? ❑ Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date signature Print Name — Revised 11,09.2020 Wage 41 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Seasons Best Bakery, LLC for City-Owned Property Known as (a) Building 1, Space 10 and (b) the Guard House Building in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 ■ Background: The City of Virginia Beach (the "City") issued a Request for Proposals for (a) Space 10 in Building 1, consisting of approximately 939 sq. ft. and (b) the Guard House Building, consisting of approximately 100 sq. ft., at the Virginia Beach Farmers Market (collectively, the "Premises") and received one submittal from Seasons Best Bakery, LLC, a Virginia limited liability company ("Seasons Best"). Seasons Best has been leasing the Premises since 2012 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of candy, bread, pies, desserts, soups, stews, cooked vegetables, and related items, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: ,4---D 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH SEASONS BEST BAKERY, LLC FOR 4 CITY-OWNED PROPERTY KNOWN AS (A) 5 BUILDING 1 , SPACE 10 AND (B) THE GUARD 6 HOUSE BUILDING IN THE VIRGINIA BEACH 7 FARMERS MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 11 Virginia (the "Farmers Market"); 12 13 WHEREAS, the City issued a Request for Proposals for (a) Space 10 in Building 14 1, consisting of approximately 939 sq. ft. and (b) the Guard House Building, consisting 15 of approximately 100 sq. ft., at the Virginia Beach Farmers Market (collectively, the 16 "Premises") and received one submittal from Seasons Best Bakery, LLC, a Virginia 17 limited liability company ("Seasons Best"); 18 19 WHEREAS, Seasons Best has leased the Premises since 2012 and desires to 20 enter into a new lease with the City; 21 22 WHEREAS, the Premises will be utilized for the sale of candy, bread, pies, 23 desserts, soups, stews, cooked vegetables, and related items, and for no other 24 purpose; and 25 26 WHEREAS, Seasons Best has agreed to pay the City rent in the amount of 27 $15,199.32 annually ($1 ,266.61 per month) for the first year of the term, with a five 28 percent (5%) annual rent escalation for each year thereafter. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to execute a lease for up to 5 years 34 between Seasons Best Bakery, LLC and the City for the Premises, in accordance with 35 the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 36 other terms, conditions or modifications as may be acceptable to the City Manager and 37 in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 40 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SU FICIENCY AND FORM or y P bli Work / Real Estate CA16048 `Nbgov.comidfs 1\applicationskitylaw\cycom321wpdocs\d0301p039100849156.doc R-1 September 6, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Seasons Best Bakery, LLC, a Virginia limited liability company PREMISES: a) Building 1, Space 10, consisting of 939+/- square feet, and b) the Guard House Building, consisting of 100+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$15,199.32 annually ($1,266.61 per month)for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of candy, bread, pies, desserts, soups, stews, cooked vegetables, and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP ` / Bldg.8 ec.{ V //> \ V.Rural,..,Nert . D M 25 3B ; 37 ) / ie , \ / / >ro 18 to 8 t tr a?. s 11I 13112 11I 10I 8 411' s(4III ! I ' li / a E w b , S.P. g ii-. 7 ppt t• // \ Bow same a-1 , FJ 1 \ 1 7 6 5 4 3 I 1rL., ii. Bldg.4 / `. �. - . ww.m*tea I R _1 ,0.x. an, ! to 11 1I 13 14 15 16 . — Sib s� / �,y - \ \ `Restaur Mt ..-- [i mit LU cr_ir_..4,—--a. _._....___ , Mt N c, \/ th _\ 0 4 owt I z 11 , m l ® 1 �N `; 1 m. . a 0 1 �` 1. IM 111%; A ,,4 � i I \\ / If —0 wov0 ` j'f4 /o i / 11 / / i MI 4iiimilininbo- DAM NECK RD I . I Ili s ( ' - . 1 - 1E1 E I ....„„, ..-....._1111 : - --- -- is' MARXIT Jr; ,..;,..-. Er z Disclosure Statemen 0 \AB Citvof Vivi=flaw Planning &Community Development r•. 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 /QApplicant Name ,,, J0(( Se-(1 — E&Si s fi ae._ Does the applicant have a representative? ❑ Yes NO • If yes,list the name of the reeppr entative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?XYes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) '} ►-�. l&f a S c_t+e j oht rVtQYa I--� • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) N I ' "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e .1k53 Disclosure Statement City of viryinia had. Planning & Community, Development • Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea 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 i 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 appli nt 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 D 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? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e 11/413 Disclosure Statement ON of t inpsia&Wit Planning &Community Development t 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes o • If yes,identify the company and indi 'dual providing the service. 7 Does the applicant have an engineer/surveyor/agent in\onrection with the subject of the application or any business operating or to be operated on the property? 0 Yes -n No • If yes,identify the firm and individual providing 1,yr'e service. 8. Is the applicant receiving legal services in c nnection 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 ind dua'viding 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 e oi—6 g.ro..._ 1.,.. N\or r I 90--e-- Pres i'C)e),*+ Print Name and Title z BI /S / bJ Date Is the applicant also tht'owner of the subject property? ❑Yes No • If yes,you do not need to fill out the owner disclosure atement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 Wage la III, l:v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Beach N Seafood, LLC for City-Owned Property Known as Suite 815 in the Virginia Beach Farmers Market PUBLIC HEARING DATE: September 19, 2023 MEETING DATE: October 3, 2023 • Background: The City of Virginia Beach (the "City") issued a Request for Proposals for Suite 815 at the Virginia Beach Farmers Market, which consists of approximately 720 sq. ft. of space (the "Premises") and received one submittal from Beach N Seafood, LLC, a Virginia limited liability company ("Beach N Seafood"). Beach N Seafood has been leasing the Premises since 2017 and desires to enter into a new lease with the City. The Premises will be utilized for the sale of various fresh seafood products with an emphasis on fresh locally caught fish, and for no other purpose. • Considerations: The initial term of the Lease would be for three (3) years, with two (2) additional one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with 180 days' notice if needed for a public purpose. For more specific terms, see Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised on September 10, 2023 in The Virginian-Pilot. Public notice provided via the normal City Council agenda process. • Alternatives: Approve Lease as presented, change terms of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estat:\SO) City Manager: 140 I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH BEACH N SEAFOOD, LLC FOR CITY- 4 OWNED PROPERTY KNOWN AS SUITE 815 IN 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 9 Virginia (the "Farmers Market"); 10 11 WHEREAS, the City issued a Request for Proposals for Suite 815 at the Virginia 12 Beach Farmers Market, which consists of approximately 720 sq. ft. of space (the 13 "Premises") and received one submittal from Beach N Seafood, LLC, a Virginia limited 14 liability company ("Beach N Seafood"); 15 16 WHEREAS, Beach N Seafood has leased the Premises since 2017 and desires 17 to enter into a new lease with the City; 18 19 WHEREAS, the Premises will be utilized for the sale of various fresh seafood 20 products with an emphasis on fresh locally caught fish, and for no other purpose; and 21 22 WHEREAS, Beach N Seafood has agreed to pay the City rent in the amount of 23 $3,828.00 annually ($319.00 per month) for the first year of the term, with a five percent 24 (5 )/0) annual rent escalation for each year thereafter. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for up to 5 years 30 between Beach N Seafood, LLC and the City for the Premises, in accordance with the 31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM y Att ey ublic Work / Real Estate CA16045 \lvbgov.com\dfs 1\applicationslcitylaw\cycom32\wpdocs\d0301p039\00849156.doc R-1 September 7, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Beach N Seafood, LLC, a Virginia limited liability company PREMISES: Suite 815, consisting of 720+/- square feet TERM: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: Initial rent of$3,828.00 annually ($319.00 per month) for the first year of the Term, with five percent (5%) annual escalation for each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of various fresh seafood products with an emphasis on fresh locally caught fish, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving one hundred eighty (180) days' advance written notice to the Lessee, upon action by City Council. The Lessee has the right to terminate for any reason by giving ninety (90) days' advance written notice to the City. LOCATION MAP fsiao.e R �// // ,; Space Rural Heritage J / ' Open Center_ // \ '—Su4F 119 �'2a 27 Taco— 2g 2a 23 x 77 / / / ...---" " 118114 1411121"11.111171.1514 11171.13 / �\ F aftee r / R � / �� ! g a g 2 1-� ! / 7 Bldg.4 �� N / `•,, Vn Ai ewwtaslr�, b:_ li g 1a 11 12 13 14 15 ti ♦ I� z .1 / 4 4 \'''\� `Rettaura INiNll ;` Q / . Q 1 F 2LLJ kr& IMP Mi / \\ �_ — z / _ _, i' _ o Cr 1. \ MP � — litill 1 _ ------ E12 OW ..:.,‘ ,- .10/° IIIIII IN / • • ,,,, Low / i fir -_� DAM NECK ROAD [ 3640 Dam Neck Road, Suite 815 Virginia Beach, VA 720 sq.ft. Retail Space 11/4B Disclosure Statement (,of Vergvav S,mS 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 1 Applicant Name COCI.C\r."' I\.) Does the applicant have a representative? Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) 2t e 6-A1yC c • 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Disclosure Statement \B cvyof opti,baxh Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea ave 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? 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 nnection with the subject of the application or any business operating or to be operated on the property? ElYes No • If yes,identify the financial institutions providing the service. 2. Does the applic ave 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 ided 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. 3-0t)X 12.Lr7 4. Does the applicant have services from an architect/landscape architect/land planner provide 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. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure StatementViii ciy of t5rg6do an,d, Planning & Community Development 6. Does the applicant have a construction contract ri 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 conn ion 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. 8. Is the applicant receiving legal services in with the subject of the application or any business operating or to be operated on the property?0 Yes XJ 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. pi" nt Signet '...i-e_lC- ei-Infk i- ou,irtti2. Print N me nd Tide Date / Is the applicant also the owner of the subject property? 0 Yes y No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 Wage Disclosure Statement (VI,Le Virpaer Bnxfr 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 C004\--- r\) Does the applicant have a representative? Des 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? D lies ❑ 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. Revised 11.09.2020 1 1 P a g e .. . Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea ave 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? 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 nection 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 appli have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CI 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 returvided 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. 0 t-r‘ Clr21i- 4. Does the applicant have services from an architect/landscape architect/land planner provide 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. 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 P a g e Disclosure Statement Clr 41rpfx, Planning& Community Development • 6. Does the applicant have a construction contracty-tn connection with the subject of the application or any business operating or to be operated on the property?0 Yes Er No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connp-fion with the subject of the application or any business operating or to be operated on the property? ❑ Yes ErNo • 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 E 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. CA pliant Signat avnekt 00.1rueR Print N me nd Tide Date --- --Is the applicant also the owner of the subject property? 0 Yes lti<lo If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 Wage • • '). NOTICE OF PUBLIC HEARING City Application for FY 2025 and FY 2026 VDOT Transportation Alternatives Set-Aside Program On Tuesday,September 19th,2023, at 6..00 p.m. in the City Council Chamber on the second floor of the City Hall Building 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing related to the City's applications for the Virginia Department of Transportation(VDOT) Transportation Alternatives Set-Aside Program for community improvements, pedestrian, and signal enhancements throughout the City.This program is for funding in Fiscal Years 2025 and 2026. The City's applications are for the following two projects:Pacific Avenue Pedestrian Crossings Phase II (Council District 6); Norfolk Avenue Pedestrian Improvements (Council Districts 5 & 6). Copies of each application are on file with Public Works/Engineering located at 484 Viking Drive,Virginia Beach,Virginia 23452. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303,or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired,call TDD-711. 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: Ottosi/vbgov.wettex.com/webli p k/register/r019eha5e39ed3 h p14fRr+4 Of17a7a4't 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 19,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Pilot September 10,2023 ' r 'aw u.Mo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Request the Commonwealth Transportation Board Approve Two Projects for the Transportation Alternatives Set-Aside Program for FY 2024-25 and FY 2025-26 and to Affirm the City's Local Commitment to Such Projects MEETING DATE: September 19, 2023 • Background: The City of Virginia Beach is applying for the Virginia Department of Transportation's FY27-28 Revenue Sharing Program funding. Summaries of the grant program criteria as well as the proposed candidate projects are detailed below. Transportation Alternatives Set-Aside Program: The Transportation Alternatives Set-Aside Program (TAP) was authorized in the federal transportation bill — "Fixing America's Surface Transportation Act," also known as the FAST Act. The program is intended to help local sponsors fund community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. It focuses on providing for pedestrian and bicycle facilities and community improvements. The TAP is part of the Federal-aid Highway program. The TAP accepts applications on a biennial cycle, The next opportunity to apply for TAP funds will be fall of 2025. The 2023 applications and subsequent allocations are for fiscal years FY25 and FY26. The following two projects are identified as candidates for FY25 and FY26 TAP funding. Both projects are recommended within the City of Virginia Beach Resort Area Mobility Plan (RAMP), which is a comprehensive look at all transportation modes to support the movement of people and goods within an area. 1. Pacific Ave Pedestrian Crossings Phase II (District 6) — This project involves pedestrian crossing improvements along Pacific Avenue from 26th Street to 29th Street. These improvements include the removal of the existing parking lane on the west side of Pacific Avenue to allow for the construction of a median to separate the travel lanes in opposing directions and provide refuge areas for pedestrians crossing Pacific Avenue. Installation of advanced pedestrian crossing signage, lighting, and pedestrian refuges are included. This project is the second phase to the previously funded Pacific Avenue Pedestrian Crossings Phase I and continues the systemic safety initiatives along this major oceanfront corridor with heavy pedestrian traffic. • Total estimated project cost: $1,687,364; • The City will provide a 31% local match for a total of$523,082 and request the remaining $1,164,282 in Transportation Alternatives Set-Aside funds. 2. Norfolk Ave Pedestrian Improvements (Districts 5 & 6) — This project includes pedestrian safety improvements and crossings along Norfolk Avenue between Birdneck Road and Pacific Avenue. For the entire corridor length, pedestrian lighting is proposed along the existing Virginia Beach Trail. Proposed improvements at Birdneck Rd convert one of the two existing left turn lanes to a wide median with pedestrian refuge. Proposed improvements at Burford Ave, Ackiss Ave, Marshview Drive, Indian Rd, Rudee Ave, and Caribbean Ave include planted medians with pedestrian refuges, crosswalks and pavement markings, and ADA-compliant connections to the existing Virginia Beach Trail. Proposed improvements at Pacific Avenue include signal upgrades to accommodate pedestrians. • Total estimated project cost: $2,746,400; • The City will provide a 31% local match for a total of$851,384 and request the remaining $1,895,016 in Transportation Alternatives Set-Aside funds. • Considerations: The Transportation Alternative Set-Aside Program is not a grant programs. The funds are only available on a reimbursement basis. The Transportation Alternative Set-Aside Program requires that the locality must provide a minimum 20% match. However, a higher than minimum commitment of other funds is ideal and garners additional points during the evaluation process, as such the City typically commits an additional 11% for a 31% total local commitment. The local match will be provided using existing funding within the Roadways Traffic Safety Improvements CIP Program (Project #100423) for both candidate projects. There is a public hearing advertised for the September 19, 2023 formal session. This public hearing is not mandated by state law. However, the staff believes having a public hearing will enhance the City's applications. Because the applications are due on October 2, 2023, there was not an opportunity to hold the public hearing at a different date than the requested approval date. ■ Public Information: Normal Council Agenda process. There is a public hearing on the agenda for September 19, 2023 to receive public input on the two proposed projects. ■ Recommendations: Adopt attached resolutions • Attachments: TAP Resolution; CIP Detail Sheet; Location Maps Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: 1 A RESOLUTION TO REQUEST THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 APPROVE TWO PROJECTS FOR THE 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM FOR FY 2024-25 AND FY 2025-26 AND 6 TO AFFIRM THE CITY'S LOCAL COMMITMENT TO 7 SUCH PROJECTS 8 9 WHEREAS, in accordance with the Virginia Commonwealth Transportation 10 Board construction allocation procedures, it is necessary that a resolution be received 11 from the sponsoring jurisdiction requesting that the Virginia Department of 12 Transportation (VDOT) establish Transportation Alternatives Set-Aside Program (TAP) 13 projects to be administered by the City of Virginia Beach; 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1. The City of Virginia Beach (City) hereby requests that the Commonwealth 19 Transportation Board (CTB) establish two projects for the FY 2024-25 and FY 2025-26 20 TAP funding cycles: 21 o Pacific Avenue Pedestrian Crossings Phase II 22 o Norfolk Avenue Pedestrian Improvements 23 24 2. The City hereby commits to provide a minimum 20 percent matching contribution 25 for these projects and, subject to appropriation, any additional funds necessary to 26 complete any applicable project contained within this resolution; 27 28 3. The City hereby agrees to enter into a project administration agreement with 29 VDOT and provide the necessary oversight to ensure the project is developed in 30 accordance with all state and federal requirements for design, right of way acquisition, 31 and construction of a federally funded transportation project; 32 33 4. The City, subject to appropriation by the City Council, will be responsible for 34 maintenance and operating costs of any improvements constructed with TAP funds 35 unless other arrangements have been made with VDOT; 36 37 5. If the City subsequently elects to cancel one or both projects, the City, subject to 38 appropriation by the City Council, hereby agrees to reimburse VDOT for the total 39 amount of costs expended by VDOT through the date VDOT is notified of such 40 cancellation. The City, subject to appropriation by the City Council, also agrees to 41 repay any funds previously reimbursed that are later deemed ineligible by the Federal 42 Highway Administration; 43 44 6. That the City Manager is hereby authorized to execute on behalf of the City all 45 necessary project agreements for project development and construction for all FY 2024- 46 25 and FY 2025-26 TAP related projects. 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: ) 1-1+(up dget an age Services ity y's ice CA16300 R-1 September 7, 2023 / 1411* r-\ t-':-.7- • .' r ciiiiitt, i.,„ . 4;x4:\ )4./. )41 .k, ai,i ? 4' tt' I. ,r,'J� IN ;ISMIA l/ t_ W. / (41 cR .4 8� rysr o o� '1:47 Off© 4, 4,il. to. ‘ a * 4 br. 4: Atli ,i I ,. 1, 0 * 1 17 4: , ars ir 00 ../14%%.*4 4#-VO '6. .g.:1111 141# ) Z.4474 F. / / 0 0 ' ()., ..‘''i ., le* *Ott!I 4141* i i . :1 2-0 ' 14i /l' / 191• 7 4 4 7) 'C4 / //4s' ► sY Legend �i i Pacific Ave Pedestrian Crossing Improvements /4if City Properties Ty& / LOCATION MAP PACIFIC AVENUE' PEDESTRIAN CROSSING IMPROVEMENTS 200 100 0 200 Feet i Prepared by P.W/Eng,/Eng.Support Services Bureau 08/09/2023 X:ICADD1Projects\ARC FileslCIP Maps\TAP Application\Paoific Avenue Pedestrian Improvements.mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100423 'Title:Traffic Safety Improvements IV 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,684,781 18,415,419 2,359,928 2,984,959 2,622,192 4,387,253 2,957,51 2,957,51 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map - Schedule of Activities Project Activities From-To Amount Design 07/16-06/29 5,339,487 Construction 07/16-06/29 27,785,635 Contingencies 07/16-06/29 3,559,658 Total Budgetary Cost Estimate: 36,684,781 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,437,462 Federal Contribution 4,587,123 State Contribution 473,132 Lease of Property 1,178,064 Sale of Property 9,000 Total Funding: 36,684,781 FY 2023-24 to FY 2028-29 86 Capital Improvement Program . , 4 It/44" ,,4-,-,k,Li, 4110. 0,071,* At,t ijor tlIP' , 4, '' #.i'It f,. : 0. ..,it_s,:,- * . .,,,,...7"'"g .....4,47. ,/4 ' '. •_,• kb, ‘ 1 411C4"444. .//440r , ../4--411i,' 4 ,,t,,„,„ 4,,,,,,.. ,... ,, --,,,...„ 0,,,,,,,, „,,,.„.; , „....- ,,,,_ _ I*, „„,_,,,_,, ...7„..,_/, ,...._, ... 7,,,,,, .,,, .. 4.. ,,,, ,, „,...-,,,,,,,,r,....„ %r , ,,,, Ir. 4.411k,Nip Pre .I: .011,,'''',.. . 4,..._ _a_„..1...„, 1 ..,,* .14„, • •„„__ 4:4,11. v .__./ „....._ ,...,,„*„ rw ,4„,, i ...._....,,,,.....,._0. .......,,, _.... ; 4r, /4 -`,..,...4'' • 0.-' A tr air s.v.y/444r 4v/4•..••44111 _ • s. 0 . ,f Z'"<' sAr 71t1Ti' , / /4/ xiir - --;i 4 4 4,...:,,11 P 4**•fit.-....--.,-40*/ .4 . ,A)), '.1. t 4... a, , ,M..,•,,I. r,p,..... • Sp 4/1 -,11••• --...---"'"--..„......,,.......„,,,, • P-1,;-' . _` 4N �.' 4- ,Fes' 1 .�i, ,,�i � 4i4 1 / .♦ `` fs Ire 4<y�(t�• Q!� �,.. �•7 rt,,/f/^.1.0.. 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Bann� .../0 jt it Q. * It % . •''p� P••..„0<) #,'4Spi to 74, .. 4..% , . �' ill 111 Ar C.,ile ipt q/40440 :........w'v,r*,t v,„4,t�C t/i fd'V .. ��t�♦•l q,0pr�il � 10"V it kw. alp.,;:::?--Atk 7,4:1.4?i'fr* 7,, , NY, „" / % s. "'imiiii...0000 410 5.. -0:: % 0 .• ' Millar ''Ir I "A"'i = ',.. ‘.* wg=>)/44,1rhz,,„,7 ttAll. . ..r " .... k . -, ,,,v,..:41,N,„ s, At.... ,mpavicallid,24 / .40k\\," ....Seg ,%..f%7';'40.,. : /00:1‘ •1,4' flk 0"°.'0 ‘.14,. 0 t', A ,A,- 44, 04 , .0** t 1 ,,,-1---',44 ..4, ,(sk ,,IFD.4 sqlr ,f_=-900pirrAm \tii 4.., , ., _ .eammititill -- -- /-/ ... c1-\‘l o1, tip-,.3 rg.:m1' 4© 14 :V. , 0,$, 40 1r" ��° a,: Legend '.' r `Y� ,�� r-iii.-zi) cilia , %:,�s.,<� :9,`.. ' Norfolk Ave Pedestrian Improvements '` (,� :� Mir'I'S II timilli"'/:".05:,',,,A7,44.4,, City Properties A -ll,3 Tee e rr, a •..st O t 4'�� ,'\�I�1`r'n•, its .1"fie cv'", c-p .��i�ld r. c ✓ t4 4 ' .,:,�y LOCATION MAP �� : 41 ' -.��, ,,, NORFOLK AVENUE _ ,� �.,, �'�. PEDESTRIAN IMPROVEMENTS / �" Ifs, i` : 4h��..` . A ° �,�� >�4.1��.;.�'✓', 800 400 0 800 Feet Prepared by P W/Eng./Eng.Support Services Bureau 08/09/2023 X1CADD1ProtectslARC FileslCIP Maps1TAP Application1Norfolk Ave Pedestrian Improvements,mxd , Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100423 'Title:Traffic Safety Improvements IV 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,684,781 18,415,419 2,359,928 2,984,959 2,622,192 4,387,253 2,957,515 2,957,515 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 - Total Operating Budget Impacts - - - - - - - - Total FTE - - Project,Map Schedule of Activities Project Activities From-To' Amount Design 07/16-06/29 5,339,487 Construction 07/16-06/29 27,785,635 Contingencies 07/16-06/29 3,559,658 Total Budgetary Cost Estimate: 36,684,781 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 30,437,462 Federal Contribution 4,587,123 State Contribution 473,132 Lease of Property 1,178,064 Sale of Property 9,000 Total Funding: 36,684,781 FY 2023-24 to FY 2028-29 86 Capital Improvement Program J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for a portion of City right- of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue for up to five (5) years 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Haleigh Harper Krause for the City-owned dwelling located at 2089 Indian River Road 3. Resolution to REQUEST the Commonwealth Transportation Board approve two (2)projects for the Transportation Alternatives Set-Aside Program for FY2024-25 and FY2025-26 and AFFIRM the City's local commitment to such projects re Pacific Avenue Pedestrian Crossings Phase II and Norfolk Avenue Pedestrian Improvements 4. Ordinance to ADOPT a City Council Policy re Legislative Agenda Process and Adoption Requirements (Requested by Mayor Dyer and Vice Mayor Wilson) 5. Ordinance to AMEND City Code Section 21-407 re charges for towing and storage of vehicles (Requested by Mayor Dyer and Council Member Remick) 6. Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion of an unimproved lane adjacent to the rear of 200 76th Street 7. Resolution to SUPPORT Revenue Sharing Project#100058, "Centerville Turnpike Phase III" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 8. Resolution to SUPPORT Revenue Sharing Project#100123, "Cleveland Street Improvements IV" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 9. Resolution to SUPPORT Revenue Sharing Project#100340, "Rosemont Road Phase V" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 10. Resolution to SUPPORT Revenue Sharing Project#100529, "Elbow Road Extended Phase II- B" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 11. Resolution to SUPPORT Revenue Sharing Project#100278, "Nimmo Parkway VII-B" and to AUTHORIZE the City Manager to EXECUTE a Project Agreement with the Virginia Department of Transportation(VDOT) 12. Ordinance to ACCEPT and APPROPRIATE $8,007,388 from the Department of Defense Community Investment Pilot Program ; ACCEPT and APPROPRIATE $1.4-Million from the Virginia Military Community Infrastructure Grant Program and Fund; APPROPRIATE $2,031,738 from the General Fund to the FY2023-24 Police Department Operating Budget; TRANSFER such funds totaling $11,439,126 as Pay-Go funding to the FY2023-24 Capital Improvement Program Project#100536, re"Creeds Training Center Renovations" 13. Ordinance to ACCEPT and APPROPRIATE $1.5-Million from the Virginia Department of Transportation State of Good Repair/Primary Extension Paving Program to CIP #100401, "Street Reconstruction II"re road paving projects 14. Ordinance to ACCEPT and APPROPRIATE $650,000 from the Carbon Reduction Program to CIP #100537, "Dam Neck Road/Holland Road Intersection Improvements"re stormwater infrastructure improvements 15. Ordinance to ACCEPT and APPROPRIATE $327,820 from the United States Department of Homeland Security to the FY2023-24 Police Department Operating Budget and TRANSFER $109,273 for a required local grant match re purchase of a replacement marine patrol vessel and electronics upgrade to a separate marine patrol vessel 16. Ordinance to ACCEPT and APPROPRIATE $98,630 from the Department of Motor Vehicles (DMV) to the FY2023-24 Police Department Operating Budget re overtime and equipment expenses related to speed enforcement 17. Ordinance to ACCEPT and APPROPRIATE $67,450 from the Department of Motor Vehicles (DMV) to the FY2023-24 Police Department Operating Budget re overtime, training, and equipment expenses related to DUI enforcement 18. Ordinance to APPROPRIATE $599,000 to the Virginia Beach Volunteer Rescue Squad, Inc. re an interest-free loan to purchase two (2) new ambulances 19. Ordinance to APPROPRIATE $587,676 from the Technology Trust Fund to the FY2023-24 Clerk of the Circuit Court Operating Budget re support technological related needs and upgrades 20. Ordinance to APPROPRIATE $20,267 from the Virginia Department of Criminal Justice Services to the FY2023-24 Police Department Operating Budget re social media advertisements, targeted media e-mail distribution,website advertisements, and retargeted ad purchases with the goal of recruitment of sworn personnel 21. Resolution to APPROVE the Modification of a Construction Contract re Lake Pleasure House Outfall CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five (5) years for a portion of City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue PUBLIC HEARING DATE: September 5, 2023 MEETING DATE: September 19, 2023 • Background: The City owns the right-of-way known as Ocean View Avenue. A portion of the right-of-way consisting of 1,143 square feet is an unimproved, gravel area in front of 4536 Ocean View Avenue (the "Gravel Parking Area"). B & J Ltd. of Virginia, a Virginia corporation ("B & J"), owns the property located at 4536 Ocean View Avenue and operates the Buoy 44 restaurant on the site. At the time B & J purchased the property in 1974, the Gravel Parking Area was in front of its building, and B & J has been using it since for customer parking. B & J leased a portion of the Gravel Parking Area from the City pursuant to ORD- 3533B adopted on February 20, 2018. Prior to that, there was no record of approval by the City for B & J to use the Gravel Parking Area. B & J desires to enter into a new lease with the City for use of the entire Gravel Parking Area. City Staff has reviewed the request to lease the Gravel Parking Area and recommends approval of same. • Considerations: B & J has agreed to pay the City $2,000.00 per year for leasing the Gravel Parking Area, to be used as parking, located at the front of Buoy 44 restaurant. On October 3, 2017, City Council conditionally approved encroachments by B & J into Ocean View Avenue and Fentress Avenue at this site, subject to B & J entering into a lease with the City for the Gravel Parking Area. • Public Information: A public hearing will be held on September 5, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot Beacon and provided via the normal City Council agenda process. • Alternatives: Deny the request, or add additional conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Exhibit A, Location Maps, Picture and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR FIVE (5) YEARS FOR A 3 PORTION OF CITY RIGHT-OF-WAY KNOWN AS OCEAN 4 VIEW AVENUE ADJACENT TO 4536 OCEAN VIEW 5 AVENUE 6 7 WHEREAS, the City of Virginia Beach (the "City") owns right-of-way known as 8 Ocean View Avenue, which contains approximately 1,143 square foot (0.026 acre) 9 of gravel area as shown on Exhibit A attached hereto and made a part hereof 10 ("Gravel Parking Area"); 11 12 WHEREAS, B & J, Ltd. of Virginia, a Virginia corporation ("B & J"), operates a 13 restaurant establishment known Buoy 44, which is located at 4536 Ocean View 14 Avenue. B & J has been leasing a portion of the Gravel Parking Area since 2018 15 and desires to enter into a new lease agreement with the City for a term of five (5) 16 years, to occupy and use the Gravel Parking Area for additional parking for its 17 employees and customers; and 18 19 WHEREAS, B & J has agreed to pay the City $2,000.00 per year for use of 20 the Gravel Parking Area. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 five (5) years, between B & J and the City for the Gravel Parking Area in accordance 27 with the Summary of Terms attached hereto as Exhibit B and made a part hereof, 28 and such other terms, conditions or modifications deemed necessary and sufficient 29 by the City Manager and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 32 day of , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM , ., b ! City Attorney `"u lic Wo s Real Estate CA 16042 R-1 August 18, 2023 EXHIBIT "A" 4536 Ocean View Avenue "Gravel Parking Area" $vel .r4 ....- 4 aiiiiiiiiikt%iiiiko, ,, .. ly --,i,- . • !II i it 1 , : ' ' ' I a 11. 4536 Ocean View Avenue `- t a i s. 1 *lb%rai% % :,,. „ ' '', , t' . qiq. VIP, x 'R. 'arh �,^ :'),A I\i °CeCi/2 fr. 41/E) ,. 1,14._ .- -. ...."\1 . :, , 74, . , v\ik FL = 1,143 square feet (0.026 ac.) of gravel parking area EXHIBIT B SUMMARY OF TERMS. LEASE OF CITY-OWNED RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE LESSOR:; City of Virginia Beach LESSEE: B & J, Ltd. of Virginia, a Virginia corporation PREMISES: Approximately 1,143 square feet (0.026 acres) of gravel area located in the City right-of-way known as Ocean View Avenue adjacent to 4536 Ocean View Avenue. TERM: September 1, 2023 through_August 31, 2028 RENT: " $2,000.00 per year_ RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe,clean and orderly condition. • Maintain commercial�� general liability insurance coverage with policy limits of not less than one million dollars'($1,000,000)combined single limits per occurrence. • Assume full responsibility and liability for any and all damages.to persons or property caused by any act or'omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the.Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession_and control of the Premises to the City upon forty-eight (48) hours'written notice, if needed for a public purpose. • The�Tight to grant easements; franchises, and rights of way across or upon the Premises for streets, alleys, public highways, drainage, and utilities and similar uses. TERMINATION: • The City may terminate the Lease for any-reason upon thirty (30) days' written notice. / 4 ' . ... • `' hat r „ \ / s�' // `4„ gy p. r,', ./ / .,% , i rr" �'+ 1 • .: •,.,...... iii , 0 441, 4-- .•. r. ., ,,, ..„,.,ts.i I .4.1 .• ' ,,Y,t . .- .•-.• 4 / A' 1:.1' 4,, .1 ,-.... .il,,,, --. , .., /AL... -_,„,..., , Ilw ,,,...--- . 1 ge. AP." . i't: ‘4? , Oc .r` v , 4` , a Y % • I ., y't a •, 1 'IR \s hy♦! ` ' lx ‘1-;to'.i •— - -..:-.:-. :_ . ,..v.:, .-_,--- -4,,N,, .., , ,.._.,,',,-i ‘6'lliivt.' ,.,4,40- t.4,' ' R p '' ` e z • " � �� •'a t4 •* "1r } tesa • VJ )', ,- .,...0 h.' - - %...ff ' ....- LY:"-;, t, `..�(,`il -. ,.4I ;:, :r , • LOCATION MAP :0 " .`,,,tF% :' / LEASE OF RIGHT OF WAY Legend ' ^ ' � ADJACENT TO _ _ sw� Y r : #;. - • .� : 1 4536 OCEAN VIEW AVENUE Q 1570 62 7250 4536 Ocean View FiQ� 4, 4: •r BY B&J LTD OF VA !I. Right Of Way To Be Leased +/- 1,143 sq. ft. aT �I �ii 4 ,, ,;� VF _. .. a . Feet City Property :tilt.",,, a 0 50 100 200 a yr �� .:_'i1F• Prepared by P-W-/Enq./Enq.Support Services Bureau 07/26/2023 X:ICADD1ProiectsV1RC Files\AGENDA MAPS11570-06-272511570-06-2725 Aerial.mxc / N 1 W —eS0— E 1 s Ill, I ` \ 1 SITE ` , ,,N illr ARE DR 40 tot vroot- 4*/4, t / * 410 4iJ4fj 0 °O 41.1 �C/ i' 4 7D44, Oc�gN41P0 Q 0 CO CD / Jj. ATION IL 041114 MAP Legend LEASE OF RIGHT OF WAY / ,, ADJACENT TO MIN 1570-62-7250 4536 Ocean View Avenue �v�ER {2:2 ' 4536 OCEAN VIEW AVENUE ;•-•••-• Right ��<F �� BY B&J LTD OF VA ,� � g t Of Way To Be Leased +/- 1,143 sq. ft. .q Feet City Property _ 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 07/26/2023 X:ICADD\Proiects\ARC Files\AGENDA MAPS11570-06-272511570-06-2725.mxc ..,,..t„, fts:i, ,i: 1:::,1 , t .....: r l' I [ t. t ... . , i . . . 1, t __ r I i At II' .,' i , • ., • t .. 1 N178" eto Ato / , \ . ..___ .. ... • •. , ,, ,i IP 1 9 I I/ I I : , )..0:11 :4111 [ r 17' IA. .. \ ''..'•''..:,,j / •.... , 1:(I 11111 . r ; ,, [ t,..... lib. Id: I I Disclosure StatementV3 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 L t L) ivit D( Vl,>4u J1,'" Does the applicant have a representative? 0 Yes LL'No • if yes,list the name of the representative. ------------- Is the appllca a corporation.partnership,firm,business,trust or an unincorporated business? lilies 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) L• Tnw#fr c, f iJ- d u! a. iniana4 W Iille3i,Pcuj • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Not1 '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 l t '‘,13Disclosure Sta .__ Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea ave an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes o • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in nection 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 applplican ve a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes • 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 nnection with the subject of the application or any business operating or to be operated on the property?❑ Yes o • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provideonnection 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. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes of o • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage po Disclosure StatementVii Cite rtfVrginia Planning&Community Development 6. Does the applicant have a construction contractor••connection with the subject of the application or any business operating or to be operated on the property?0 Yes O • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in conne ' with the subject of the application or any business operating or to be operated on the property?0 Yes o • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in co ection with the subject of the application or any business operating or to be operated on the property?0 Yes O • 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 an ublic bod committee in connection with this application. co. ,..N.t),45 , Applicant Si atu L • Inl# 'O /p it Print Name and rtle -2 I2s ie Date Is the applicant also the owner of the subject property? 0 Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications El No changes as of Date _. Signature Print Name Revised 11.09.2020 3 I P a g e Disclosure Statement Iii Citg of Virginia Serb Planning&Community Development Owner Disclosure Owner Name A #UPit pe iy/Akdrr Applicant Name 6.7akied L .m)C 4 %2' Is the Owner corporatio rtnership,firm,business,trust or an unincorporated business? Pi"' No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Ga el Lei , r C� Jl' 0 • A cii7 5./ VGA Sic r • 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 ve an interest in the subject land or any proposed development contingent on the subject public action?0 Yes o • 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. 4"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 Wage . 11 Disclosure Statement (StyofVginsia Beall Planning&Community Development 1110001.1r 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 conn ion with the subject of the application or any business operating or to be operated on the property? ❑ Yes • If yes,identify the financial institutions providing the service. 2. Does the Owner ha a real estate broker/agent/realtor for current and anticipated futurQsales of the subject property? ❑ Yes EJ4( • 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 copnection with the subject of the application or any business operating or to be operated on the property?❑ Yes DJiI • 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?El Yes Q'f(o� • if yes,identify the firm and individual providing the service. .0-' 5. Is there any other pending or proposed purchaser of the subject property?0 Yes o • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in nection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ O • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent Innnnnection with the subject of the application or any business operating or to be operated on the property? ❑Yes • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement 1/13 Cey of roginia Beath Planning&Community Development 8. Is the Owner receiving legal services in conne {ion with the subject of the application or any business operating or to be operated on the property?❑ Yes LIMo • 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 p blic body or committee In connection with this application. V\Oti Owner Signatu 1t%J% / L. O rlfi 1ieii !, I Print Name and Title) j z Date Revised 11.09.2020 7 I P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Haleigh Harper Krause for the City-owned Dwelling Located at 2089 Indian River Road MEETING DATE: September 19, 2023 • Background: In 2001, the City acquired a residential dwelling (the "Premises") as part of the small horse farm at 2089 Indian River Road (GPIN: 2403-81-7788) (the "Property"). The Police Department's Mounted Patrol facility (the "Facility") is located on the Property. The Police Department desires to provide affordable housing in close proximity to the Facility to an employee who provides for the care, safety and protection for the horses that reside at the Facility. Through a selection process conducted by the Police Department, Haleigh Harper Krause (the "Tenant"), an animal caretaker for the Police Department, was chosen as the candidate that best meets the requirements and qualifications to lease the Premises. • Considerations: The lease would be on a month-to-month basis and can be terminated by either party with thirty (30) days' written notice. In no event shall the term of the lease extend beyond August 31, 2028 without City Council's approval. As a condition of the lease, the Tenant must maintain full-time employment with the Police Department. The Tenant has agreed to pay $400.00 per month rent, which is commensurate with Tenant's earnings as an animal caretaker. The Tenant has also agreed to perform all necessary routine maintenance and repairs to keep the Premises clean and in good condition. The City would be responsible for maintenance and repair of the structural components, roofing, plumbing, septic, heating, air conditioning, electrical systems and appliances not owned by the Tenant. The Premises would be used solely as the Tenant's residence. Public Information: Notice of the Public Hearing was advertised in The Virginian-Pilot on August 27, 2023. The Public Hearing was held on September 5, 2023 and there were no speakers. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve lease agreement as presented, change terms and conditions of the lease agreement or deny leasing of subject Premises. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate `' .';5 City Manager: 4-D 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH 3 HALEIGH HARPER KRAUSE FOR THE CITY- 4 OWNED DWELLING LOCATED AT 2089 INDIAN 5 RIVER ROAD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a residential 8 dwelling (the "Premises") located on its property at 2089 Indian River Road 9 (GPIN 2403-81-7788) (the "Property"); 10 11 WHEREAS, the Police Department's Mounted Patrol facility is located on 12 the Property; 13 14 WHEREAS, the Police Department desires to provide affordable housing 15 in close proximity to the Mounted Patrol facility to an employee who provides for 16 the care, safety and protection for the horses that reside at the Property; 17 18 WHEREAS, through a selection process conducted by the Police 19 Department, Haleigh Harper Krause (the "Tenant"), an animal caretaker for the 20 Police Department, was chosen as the candidate that best meets the 21 requirements and qualifications to lease the Premises; and 22 23 WHEREAS, the Tenant desires to enter into a formal lease agreement 24 with the City in accordance with the terms and conditions set forth in the 25 Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or his authorized designee, is hereby authorized to 31 execute a lease agreement between the Tenant and the City of Virginia Beach 32 for the Premises located at 2089 Indian River Road, in accordance with the 33 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 34 such other terms, conditions or modifications as may be acceptable to the City 35 Manager and in a form deemed satisfactory to the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P li Work% acilities City Attorney Management CA16073 ivbgov.com\(Ifs 1',applications\ci ty law\cyco m32\wpdoc s\d0151p047\00905 8l I.doc R-1 August 24, 2023 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Haleigh. Harper Krause (the "Tenant") PREMISES: Residential dwelling located at 2089 Indian River Road (Portion of GPIN: 2403-81-7788) TERM: Month-to-month tenancy, commencing September 1, 2023, and shall not extend beyond August 31, 2028. RENT: $400 per month, with a 2.5% escalation annually. RIGHTS AND RESPONSIBILITIES OF LESSEE/TENANT: • Premises will be used solely for Tenant's residence, and for no other purpose. • Tenant will perform all necessary maintenance and repairs to keep the Premises clean and in good condition. • Tenant will pay for and maintain utilities for the Premises. • Tenant will maintain Renter's General Liability insurance coverage with policy limits of not less than $1,000,000 per occurrence and will name the City as an additional insured. • Tenant will comply with all applicable federal, state and local laws, ordinances, and regulations. • Tenant will comply with all terms and conditions set forth in the Lease. • Tenant will maintain full-time employment with the City's Police Department. RIGHTS AND RESPONSIBILITIES OF THE LESSOR/CITY: • The City would be responsible for maintenance and repair of the structural components, roofing, plumbing, septic, heating, air conditioning, electrical systems and appliances not owned by the Tenant. TERMINATION: • Either party may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. LOCATION MAP 3r l I31�. s'• LEASED PREMISES '• W 7 i �//< Ary ,."11 aldk ' 0......: A.4, 14 t,,r f* . may+ . , W o f s 1t. , T ,. _ • �. V t .tag �; <A • ''w„ 'aMT'oy"a ! aid ' eO. ,,d ' .,; 2089 Indian River Road • GPIN: 2403-81-7788} ' 1aa • / �j1' . - K ..y • 40 ilk y R r ....,-.'"*.".-\ i \ A ''..• - Nth i ° Vigell‘ Ai' \j" .Sr,..'..- '1 k' r •;,,.. pSw 4,,,,,,-4- Disclosure Statement y ,:ot„ t3C[Ilf! � Planning &.Community ' } 1 - `4 ..._._ �:�f -� � :Development Y d� 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 t"Gile 9n V-rO) Does the applicant have a representative? ❑ Yes C No • If yes, list the name of the representative. Is the applicant a corporation, partnership,firm,business,trust or an unincorporated business? ❑ Yes L"No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary' or affiliated business entity relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§ 2.2-3101. 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(Hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. Revised 11.09.2020 1 j P a g e Disclosure:Statement t City��Virt�ir��seaah Planning & Community Development r ..twy.f SSDr,R.4'T.✓d.\A -!i'.!} f • tt 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 ZNo • If yes,identify the financial institutions providing the service. 2. Does the applint have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes AI 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 d 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 2/No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subjectproperty? IDYes �No • If yes,identify the purchaser and purchaser's service providers. F,&+itsvd 11.09,2020 2 I P a g e .1 D:isclos:ur:e St:atement �� t4. • y i r P l r .tf .. . ! ;kf °s�,,.x. rM s,_ ��z Planning, pl ,$&•Community xr` Development v ,mot '✓' 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 conyection with the subject of the application or any business operating or to be operated on the property? ❑ Yes �No P gr p • 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 WrNo • 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. 1-okh iLlreii0Se Applicant Signature tidiei g h YCkise Print Name and Title bill Date Is the applicant also the owner of the subject property? ❑ Yes 12(No • If yes,you do not need to fill out the owner disclosure statement. ••'"\ � �r!'.:•• .,,.r�a 4:s..% .�. ..:.. ..�• :.;� - �: �;"..r- �.a, ..x;.:• ': �.r.: ... .. ..., �.:`:;.� ...y...„r. - •.,,��r. { :RtI-*USE ONt:' ..,Alliis'losur s:must.be;u dated wo;2.;weeks:. nor.ta «n'''Plannin =Come is ion`and'Cit C n i `x".i..RiC•n...::.:a...3r:�.:e. .f' :•: °z'F:x: ..;MdF'•.as`: +•�4v+I. ,a:: Y ^f'y. .,�:.: ,....� .,....•::.. ,,j• itw r...e4 �.%s�:� � Y w..x�..`d:.•... r:.«.. �.'.•:.� ..+�.' .�:.br': y"4n�'"u�a.:3.'xirs�..�9;�;'�"•Yn::'�'!•'� 1�,le .i`w::;5•'°:,S s;�.� :px11�:<:y• 3.' .:'ham` `^i.:. x.. :. •.a ... ..c.�.Y' . r« a. �.i..�:C:�A- � a., r �%�>Y, :..w[' �.:�.:.a:...l..,..r.! :y.... '$.:: Kx .. We,. s?; y..M:.r...�.:.w.l. ^]e'!e�Ls•e: l:iA��. .,�T.ip. •°:,Gn..1�w .w:y:. " V..• ' e.:.l.: .'{'» {.., .c{, , th t.nn rtains��o the'.a `�ILCat10 s..^. M. p� •! i� .. ..y'...i ..`d'�'''�?fX•�+a,.'7�. { J"3`}�i�l��Y�:(�r..':�.:ir::x�'+C. ,�.c. f.��JP?P y .>�.i��3i. .+.:�; �'y�x .: No changes as of Date Signature Print Name 3 I '' e Disc:I,oslureStatement City{r�jVpputrr.Btticl; � � . nPlanning &Community r Development aa,e,.w*un.a.v` .».-:'i,..r..-. !' IK. ax Continue to Next Page for Owner Disclosure 4 Ij Revised 11.09.2020 Disclosure Statement Arj t`ity of Virgiiuu Beadi Planning & Community Development Owner Disclosure Owner Name &iY Of �V �r i n l a 'beaC il Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers, directors, members,trustees, etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity' relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09,2020 5 Disclosure Staterrment jt City ofTirp a.Bea h' Planning &-Community evelopmenl• r� �r z� :,�...; t �.✓ tea."'"' d- 3 . wp RAG Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the financial institutions providing the service. 2, Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ 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 I P a g e • Disclosure Statement K rt of 3?�t? t:ct 13�cc�h ,, ..fi�tt Piannilig,&+Co rli Attriity ss f" 4 :``;I� 1`=' �.F3.:tr T - Developmentx 0. 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City.Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date R viscd11.09.2020 7 I page CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Request the Commonwealth Transportation Board Approve Two Projects for the Transportation Alternatives Set-Aside Program for FY 2024-25 and FY 2025-26 and to Affirm the City's Local Commitment to Such Projects MEETING DATE: September 19, 2023 • Background: The City of Virginia Beach is applying for the Virginia Department of Transportation's FY27-28 Revenue Sharing Program funding. Summaries of the grant program criteria as well as the proposed candidate projects are detailed below. Transportation Alternatives Set-Aside Program: The Transportation Alternatives Set-Aside Program (TAP) was authorized in the federal transportation bill — "Fixing America's Surface Transportation Act," also known as the FAST Act. The program is intended to help local sponsors fund community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. It focuses on providing for pedestrian and bicycle facilities and community improvements. The TAP is part of the Federal-aid Highway program. The TAP accepts applications on a biennial cycle, The next opportunity to apply for TAP funds will be fall of 2025. The 2023 applications and subsequent allocations are for fiscal years FY25 and FY26. The following two projects are identified as candidates for FY25 and FY26 TAP funding. Both projects are recommended within the City of Virginia Beach Resort Area Mobility Plan(RAMP), which is a comprehensive look at all transportation modes to support the movement of people and goods within an area. 1. Pacific Ave Pedestrian Crossings Phase II (District 6) - This project involves pedestrian crossing improvements along Pacific Avenue from 26th Street to 29th Street. These improvements include the removal of the existing parking lane on the west side of Pacific Avenue to allow for the construction of a median to separate the travel lanes in opposing directions and provide refuge areas for pedestrians crossing Pacific Avenue. Installation of advanced pedestrian crossing signage, lighting, and pedestrian refuges are included_. This project is the second phase to the previously funded Pacific Avenue Pedestrian Crossings Phase I and continues the systemic safety initiatives along this major oceanfront corridor with heavy pedestrian traffic. • Total estimated project cost: $1,687,364; • The City will provide a 31% local match for a total of$523,082 and request the remaining $1,164,282 in Transportation Alternatives Set-Aside funds. 2. Norfolk Ave Pedestrian Improvements (Districts 5 & 6) — This project includes pedestrian safety improvements and crossings along Norfolk Avenue between Birdneck Road and Pacific Avenue. For the entire corridor length, pedestrian lighting is proposed along the existing Virginia Beach Trail. Proposed improvements at Birdneck Rd convert one of the two existing left turn lanes to a wide median with pedestrian refuge. Proposed improvements at Burford Ave, Ackiss Ave, Marshview Drive, Indian Rd, Rudee Ave, and Caribbean Ave include planted medians with pedestrian refuges, crosswalks and pavement markings, and ADA-compliant connections to the existing Virginia Beach Trail. Proposed improvements at Pacific Avenue include signal upgrades to accommodate pedestrians. • Total estimated project cost: $2,746,400; • The City will provide a 31% local match for a total of$851,384 and request the remaining $1,895,016 in Transportation Alternatives Set-Aside funds. • Considerations: The Transportation Alternative Set-Aside Program is not a grant programs. The funds are only available on a reimbursement basis. The Transportation Alternative Set-Aside Program requires that the locality must provide a minimum 20% match. However, a higher than minimum commitment of other funds is ideal and garners additional points during the evaluation process, as such the City typically commits an additional 11% for a 31% total local commitment. The local match will be provided using existing funding within the Roadways Traffic Safety Improvements CIP Program (Project #100423) for both candidate projects. There is a public hearing advertised for the September 19, 2023 formal session. This public hearing is not mandated by state law. However, the staff believes having a public hearing will enhance the City's applications. Because the applications are due on October 2, 2023, there was not an opportunity to hold the public hearing at a different date than the requested approval date. • Public Information: Normal Council Agenda process. There is a public hearing on the agenda for September 19, 2023 to receive public input on the two proposed projects. • Recommendations: Adopt attached resolutions • Attachments: TAP Resolution; CIP Detail Sheet; Location Maps Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: 1 A RESOLUTION TO REQUEST THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 APPROVE TWO PROJECTS FOR THE 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM FOR FY 2024-25 AND FY 2025-26 AND 6 TO AFFIRM THE CITY'S LOCAL COMMITMENT TO 7 SUCH PROJECTS 8 9 WHEREAS, in accordance with the Virginia Commonwealth Transportation 10 Board construction allocation procedures, it is necessary that a resolution be received 11 from the sponsoring jurisdiction requesting that the Virginia Department of 12 Transportation (VDOT) establish Transportation Alternatives Set-Aside Program (TAP) 13 projects to be administered by the City of Virginia Beach; 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1. The City of Virginia Beach (City) hereby requests that the Commonwealth 19 Transportation Board (CTB) establish two projects for the FY 2024-25 and FY 2025-26 20 TAP funding cycles: 21 0 Pacific Avenue Pedestrian Crossings Phase II 22 o Norfolk Avenue Pedestrian Improvements 23 24 2. The City hereby commits to provide a minimum 20 percent matching contribution 25 for these projects and, subject to appropriation, any additional funds necessary to 26 complete any applicable project contained within this resolution; 27 28 3. The City hereby agrees to enter into a project administration agreement with 29 VDOT and provide the necessary oversight to ensure the project is developed in 30 accordance with all state and federal requirements for design, right of way acquisition, 31 and construction of a federally funded transportation project; 32 33 4. The City, subject to appropriation by the City Council, will be responsible for 34 maintenance and operating costs of any improvements constructed with TAP funds 35 unless other arrangements have been made with VDOT; 36 37 5. If the City subsequently elects to cancel one or both projects, the City, subject to 38 appropriation by the City Council, hereby agrees to reimburse VDOT for the total 39 amount of costs expended by VDOT through the date VDOT is notified of such 40 cancellation. The City, subject to appropriation by the City Council, also agrees to 41 repay any funds previously reimbursed that are later deemed ineligible by the Federal 42 Highway Administration; 43 44 6. That the City Manager is hereby authorized to execute on behalf of the City all 45 necessary project agreements for project development and construction for all FY 2024- 46 25 and FY 2025-26 TAP related projects. 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: udget and M agement Services ity y's ice CA16300 R-1 September 7, 2023 . ‘.,.. .,, , I �%^'...... .. , ,i. .i, r ,, 4 304,s 1.44C) 7' -* ' . SITE 4 ,fr,gK\N RO .., % 12gq ORFOLK AV i .)*41/lb , ._i 4' 44**** fri, ii, RFrR • ?8ry > o �� e sr %14. . , 00 I , 07 .? pc o,,, 41,*,,,,,,07, . %., 0 ,,„,. , . 4,..,,. 41/4. / , ,,,,,, „„.,„,.,„ ,,,.. , , .„, ,,„/, ........ .0„,„0 . ,, , , „, ,i, /, ,i,,, ,,„_„„ 4 A its„ . 1. , 1 g 4 ,„Iip,,,, . for,„ irr 0ySr 4/•?..77,,,----40/ • 004, / tr As,1M' -..,,,Wsr Legend .1 Pacific Ave Pedestrian Crossing Improvements \ 1 City Properties i ry s LOCATION MAP / PACIFIC AVENUE PEDESTRIAN CROSSING IMPROVEMENTS 200 100 0 200 Feet 1^ Prepared by P.W./Eng./Eng.Support Services Bureau 08/09/2023 X:\CADD\Projects\ARC Files\CIP Maps\TAP Application\Pacific Avenue Pedestrian Improvements mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100423 (Title:Traffic Safety Improvements IV 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,684,781 18,415,419 2,359,928 2,984,959 2,622,192 4,387,253 2,957,515 2,957,51 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/16-06/29 5,339,487 Construction 07/16-06/29 27,785,635 Contingencies 07/16-06/29 3,559,658 Total Budgetary Cost Estimate: 36,684,781 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,437,462 Federal Contribution 4,587,123 State Contribution 473,132 Lease of Property 1,178,064 Sale of Property 9,000 • Total Funding: 36,684,781 FY 2023-24 to FY 2028-29 86 Capital Improvement Program Ist i, '_ IC . ..,...._ I ;�• ' /4.... 4.. _/ . ;#Z/)11°7441 1. 4 . , „.,,, t. 4t:r&.ty..t.„ 46.,_ 140):41 ' Nip r .. , �+I,,i rest,S,,..-,' A..%-,,,, -& ..7 _ '/,,,41.1.pht.47 /-- ".., -t•''. 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AmEMillia _-_, !�:/%.�: 4. • VVAAvA� :IA tee« •t;} ', .{r,•::ie- ,,,;74e4 - Legend rt.4." ,"011111011141 .*!1`?‘;.-744l:it,.:./ •:. ;QQ��,= +°�"',� �� %• ,��'�• + ,T1iP.-,,, ' Norfolk Ave Pedestrian Improvements 40, "r.':t ifi :r.Jti''"�� `'��`�;�•' �� ' City Properties al ,�� , [ IA '''iil�� ':�►�-; / ' ti-1 LOCATION MAP �o y'Iurr'i �R ,' ♦1 � � . l:1 G. �; NORFOLK AVENUE \� , M to ,' �,��eh• ^ \`__ � Il; '�` PEDESTRIAN IMPROVEMENTS °,� '� t_:,� ? - Po, , 800 400 0 800 Feet Prepared by P.WJEng./Eng.Support Services Bureau 08/09/2023 X.\CADD\Projects\ARC Files\CIP Maps\TAP ApplicationWort'oIkAve Pedestrian Improvements.mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100423 (Title:Traffic Safety Improvements IV 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,684,781 18,415,419 2,359,928 2,984,959 2,622,192 4,387,253 2,957,515 2,957,515 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 - Total Operating Budget Impacts - - - - - Total FTE - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/16 06/29 5,339,487 Construction 07/16-06/29 27,785,635 Contingencies 07/16-06/29 3,559,658 Total Budgetary Cost Estimate: 36,684,781 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,437,462 Federal Contribution 4,587,123 State Contribution 473,132 Lease of Property 1,178,064 Sale of Property 9,000 Total Funding: 36,684,781 FY 2023-24 to FY 2028-29 86 Capital Improvement Program Oil �JdL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt a City Council Policy Pertaining to the Legislative Agenda Process and Adoption Requirements MEETING DATE: September 19, 2023 • Background: During the City Council Retreat on August 22, 2023, the City Council discussed the need for a policy to define the Legislative Agenda process and impose requirements for adoption of the Legislative Agenda. The City Council further discussed the concept at its September 5th meeting, and the Council directed staff to prepare a draft for discussion. That draft was circulated on September 8th, and it was discussed at the Workshop Session on September 12th. • Considerations: The proposed policy seeks to address the process of preparing the Legislative Agenda and requirements for adoption. The sponsorship of items for the Legislative Agenda mirrors the process for placing items on the City Council agenda. Such items may be proposed by the Mayor, at least three members of the City Council, or a City Department with the approval of the City Manager. The adoption of such items, other than amendments to the City Charter, will require the approval of two-thirds of the members of the City Council. The policy also provides the process for placing the public hearing required for an amendment to the City Charter. After such public hearing, the adoption of a proposed amendment to the City Charter will require an affirmative vote of three-fourths of the members of the City Council. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Ordinance, Policy. REQUESTED BY THE MAYOR AND VICE MAYOR REQUESTED BY THE MAYOR AND VICE MAYOR 1 AN ORDINANCE TO ADOPT A CITY COUNCIL 2 POLICY PERTAINING TO THE LEGISLATIVE 3 AGENDA PROCESS AND ADOPTION 4 REQUIREMENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the policy entitled "Legislative 10 Agenda Process and Adoption Requirements," dated September 19, 2023, which policy 11 has been exhibited to the City Council, and a true copy of which is on file in the City 12 Clerk's Office. 13 14 Adopted by the City Council of Virginia Beach, Virginia on this day of 15 , 2023. -APPROVED AS TO LEGAL SUFFICIENCY: City Att ne ' is ` CA16312 R-1 September 13, 2023 ct11A$E,4 y r. City • y�Ft F UUR NAZ,-;H Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: [Sept. 19,2023] Date of Revision:N/A Page 1 of 2 1.0 Purpose and Need The City Council desires to convey legislative requests and policy positions to the Virginia General Assembly that may be considered during the General Assembly session.These requests and policy positions are communicated to the General Assembly through the City Council's annual General Assembly Legislative Agenda. The purpose of this policy is to provide guidance regarding the adoption of that Legislative Agenda. This policy addresses the particular procedures required for the City Council to propose a legislative agenda item for consideration, to initiate a request to amend the City Charter, and the process to approve the adoption of the General Assembly Legislative Agenda. As a general matter, the City Council prefers its Legislative Agenda avoid national concerns that are not germane to the business of the City and the City Council. 2.0 Requirements for the Initial Draft of the Legislative Agenda A draft Legislative Agenda shall be presented by the City's Legislative Liaison in satisfactory draft form to City Council by October 15 of each year. A legislative agenda item for the draft legislative agenda may be proposed in one of three manners: 1. Proposed by the Mayor 2. Proposed by at least three members of the City Council 3. Proposed by a City Department and approved by the City Manager If one or more members of the City Council is a liaison to a board or commission, it is typical for this member to be one of the three sponsors for a legislative request originating from such board or commission. A request to add an item to the Legislative Agenda shall be made to the City Manager and the City's Legislative Liaison.The City Manager and the City's Legislative Liaison will prepare a first draft of the Legislative Agenda to be presented to the City Council. After the first presentation of the draft Legislative Agenda, a public comment shall be placed on a City Council meeting agenda to receive the input of the residents upon the draft Legislative Agenda. 3.0 The Legislative Agenda After receipt of input from the residents, the City Manager shall provide an opportunity for the City Council to discuss the Legislative Agenda at an Informal Session or Workshop meeting. The members shall be provided an opportunity to ask questions and seek input from the City Staff. At the conclusion of such meeting, the City Council may provide direction to the City Manager regarding items to be included or removed from the initial draft of the Legislative Agenda. Thereafter, the City Manager shall place the Legislative Agenda on the City Council's agenda to allow formal consideration of the Legislative Agenda. 4.0 Policy for Adoption of the Legislative Agenda The City Council may adopt the Legislative Agenda in a single motion in a manner that is analogous to the City Council's adoption of its consent agenda. Any single member may request an item be pulled from the Legislative Agenda to be considered individually. The City Council hereby imposes upon itself a requirement that the Legislative Agenda, as a whole or individual agenda items, require an affirmative vote of two-thirds of the members of the City Council. Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Date of Revision: N/A Page 2 of 2 5.0 Post-adoption Supplement(s)to the Legislative Agenda At any time after the adoption of the Legislative Agenda, the Mayor or any combination of three(3) members of the City Council may make a request to supplement the Legislative Agenda. The form of such supplement shall be a resolution to add an item to the Legislative Agenda. The vote threshold required for such resolution is an affirmative vote of two-thirds of the members of the City Council. In addition, after the adoption of the legislative agenda, during the course of the General Assembly session, the Legislative Liaison may request that the City Council take a position on proposed legislation or budget amendments that are up for consideration. 6.0 City Charter Amendment Process Pursuant to the Code of Virginia, a request by the City Council to the General Assembly to amend the City Charter requires either a public hearing or a referendum. Any referendum request shall be made by the City Council at least 81 days prior to the November election in compliance with Virginia Code §24.2-682(B). The Mayor or the combination of any three (3) members of the City Council may request the placement of an advertisement in the newspaper for a public hearing to amend the City Charter. This request can be made in writing and a copy of the request shall be provided to all members of the City Council. Upon receipt of such request, the City Attorney in coordination with the City Clerk and the City's Legislative Liaison shall prepare the appropriate notice for the newspaper and scheduling of the public hearing. A request to amend the City Charter may be included in the draft Legislative Agenda, but the adoption of such request shall be by separate resolution. While unanimity is preferred, the City Council hereby imposes upon itself a requirement that such resolution be adopted by an affirmative vote of three-fourths of the members of the City Council. If adopted, the request to amend the City Charter, the publisher's affidavit, and a certified copy of the City Council's minutes shall be available to the General Assembly in compliance with Virginia Code § 15.2-202. tr4 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 21-407 of the City Code Pertaining to Charges for Towing and Storage of Vehicles MEETING DATE: September 19, 2023 • Background: Virginia Code § 46.2-1233 authorizes local governing bodies to set reasonable limits on fees charged for the removal or motor vehicles left on private property in violation of state law or similar local ordinances, taking into consideration the fair market value of such removal. Virginia Code § 46.2-1233.1 requires localities to provide for periodic review of, and timely adjustment to, those fees. The Towing Advisory Board ("TAB")was established by the City Council in 1993 to advise the City Council on matters related to nonconsensual tows from private property. The City Code section regarding such fees was last amended in 2013, when the City Council approved an amendment, recommended by the TAB, to increase the towing rate to $145 for vehicles weighing up to 11 ,000 pounds. On June 27, 2023, the City Council received a public presentation regarding proposed amendments to the City Code section. The TAB recommends a rate increase to $200 per tow for vehicles with a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds or less, $350 per tow for vehicles with a GVWR between 10,001 and 17,999 pounds, and $575 per tow for vehicles with a GVWR greater than 18,000 pounds. The TAB also recommends a storage rate increase to $60 per 24 hours period after the first 24 hours for vehicles with a GVWR 10,000 pounds or less, $75 per 24 hours period after the first 24 hours for vehicles with a GVWR between 10,001 and 17,999 pounds, and $100 per 24 hours period after the first 24 hours for vehicles with a GVWR 18,000 pounds or more. The TAB also recommends that the administrative fee to search for registered owners of abandoned cars be increased from $75 to $100, and that there be a provision to allow for the fees to be increased periodically to account for future increased inflation rates. The TAB also proposed adding an automatic fee-escalation provision for towing fees in five- year increments for the next twenty-five years, but, based on feedback from the City Council during the public briefing, that provision was removed and replaced with a provision calling for the City Council to review the towing fees every two years. • Considerations: Virginia Code § 46.2-1202, which governs the process for searching for the owner of an abandoned vehicle and related fees, was amended in 2022 to increase the fee that must be paid to DMV to conduct that search. The City Code section that sets fees was last amended in 2013 and needs to be revised to account for the increased DMV fee and inflation, which has caused increases in the costs to maintain and operate a towing business. ■ Public Information: A public presentation was given to the.City Council on June 27, 2023, regarding this ordinance. Additional public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Requested by Mayor Dyer and Councilmember Remick SPONSORED BY MAYOR DYER AND COUNCIL MEMBER REMICK 1 AN ORDINANCE TO AMEND SECTION 21-407 2 OF THE CITY CODE PERTAINING TO 3 CHARGES FOR TOWING AND STORAGE OF 4 VEHICLES 5 6 SECTION AMENDED: 21-407 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-407 of the Code of the City of Virginia Beach, Virginia, are hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-407. Charges for towing and storage of vehicle; receipt required. 15 (a) No tow truck service or operator operating within the City shall, at any time, charge 16 a basic towing fee greater than the fees set forth below: Gross weight of vehicle Gross vehicle Maximum fee weight rating (GVWR) 11,000 pounds or less 10,000 pounds or $145.00 $200.00 less 11,001 pounds or more 10,001 to 17,999 285.00 $350.00 pounds 18,000 pounds or more $575.00 17 18 The basic fee shall be inclusive of any additional towing services such as the use of 19 a dolly. This subsection shall apply only when a vehicle is moved or towed without the 20 prior consent and agreement of the owner or custodian of the vehicle. 21 (b) No tow truck service or operator shall assess any charges for storage for the initial 22 twenty-four(24) hours, nor charge more than twenty five dollars ($25.00) sixty 23 dollars ($60.00) per twenty-four-hour period thereafter, for any vehicle with a gross 24 weight vehicle weight rating of ten thousand pounds 25 (10,000) or less removed from private property without the consent of the owner or 26 custodian of the vehicle, whether such tow originates in this City or any other 27 jurisdiction. For vehicles with a gross weight vehicle weight rating between of more 28 than ten thousand one (10,001) and seventeen thousand 29 nine hundred ninety-nine (17,999) pounds, a storage fee not to exceed twenty-five 30 dollars ($25.00)seventy five dollars ($75) per twenty-four-hour period may be 31 assessed after the first twenty-four(24) hours. For vehicles with a gross vehicle 32 weight rating of eighteen thousand (18,000) pounds or more, a storage fee not to 33 exceed one hundred dollars ($100) per twenty-four-hour period may be assessed 34 after the first twenty-four (24) hours. Delays caused by storage yard personnel shall 35 not be included when computing storage charges. 36 (c) If any vehicle is not redeemed within seventy-two (72) hours after it is towed, the 37 tow truck service shall be entitled to recover an additional fee, not to exceed 38one hundred dollars ($100), as payment for the cost of 39 any search conducted to determine the registered owner and lien holder, if any, of 40 the vehicle. 41 (d) The Department of Budget and Management Services shall create a report to reflect 42 changes in the U.S. City Consumer Price Index published by the United States 43 Department of Labor every two years related to towing and storage fees using the 44 CPI category "Transportation Services — Motor Vehicle Fees" as a proxy in such 45 calculation. Such report shall be presented to the Towing Advisory Board with a 46 copy sent to the City Council. The Towing Advisory Board shall periodically review 47 and recommend timely adjustments to fee limitations. The City Council shall review 48 fees related to towing every two years, taking into consideration the 49 abovementioned report and the Towing Advisory Board's recommendation. 50 (d)(e)No tow truck service or operator shall charge any fee for mileage, or any other fee 51 in addition to the basic towing fee set forth in subsection (a) above, except a fee 52 authorized by Virginia Code § 46.2-1233.1(c). In order to ensure that no tow truck 53 service or operator collects more than the fees authorized by this section, tow truck 54 services and operators shall provide change for cash payments made by any 55 person whose vehicle has been towed or released after hook up. 56 (e)if)A monetary receipt for each and every fee collected must be given to those 57 persons whose vehicles have been towed by a tow truck service, or released after 58 hook up, upon release of the vehicle. The information on the receipt must be clearly 59 legible and include the time, date and place of the tow, the name of the tow truck 60 operator who made the tow, and the name of the tow truck service for which said 61 operator works. The receipt must also list the amount of money paid for the release 62 of the vehicle, any additional charges incurred in the tow, and the reason for said 63 additional charges. The following shall be printed conspicuously on every receipt:"NOTICE:NOTICE: Virginia Beach City Code § 21-407(f) requires the tow company to offer 65 you a Survey and Comment Form with this receipt." A copy of the receipt must be 66 retained by the tow truck service for a period of one (1) year and shall be made 67 available for inspection by city police or the Commissioner of the Revenue during 68 normal business hours of the tow truck service owner. 69 (f) A survey and comment form, developed by the Towing Advisory Board, shall be 70 offered to those persons whose vehicles have been towed by a tow truck service, 71 or released after hookup, upon release of the vehicle. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: 61MA City Attorney's Office CA16146 R-9 July 17, 2023 [ , 1Nu8* f,! ,..._ p N, a- CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 750 Sq. Ft. Portion of an Unimproved Lane Adjacent to the Rear of 200 76th Street MEETING DATE: September 19, 2022 • Background: On September 20, 2022, by Ordinance ORD-3712C, City Council approved the request by Frank A. Zingales ("Zingales"), owner of 200 76th Street and James T. Cromwell Esq.("Cromwell"), Receiver for Shore Realty Corp., (collectively the "Applicants") to close approximately 750 square feet of an unimproved lane (the "Right-of-Way") adjacent to the rear of 200 76th Street (GPINs 2419-67-2161 & 2419-67-2183) (the "Property"), for the purpose of incorporating the closed area the Property. • Considerations: There were four (4) conditions to the approval of the street closure: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicants submitted a resubdivision plat to the Planning Department for review; however, while the plat was under review, Zingales conveyed the Property. The plat was then required to be updated to reflect the new owner of the Property. Therefore, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 21, 2023, Cromwell requested additional time to satisfy the conditions set forth in Ordinance ORD-3721C. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: i kP 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 750 SQ. FT. PORTION 4 OF AN UNIMPROVED LANE ADJACENT TO 5 THE REAR OF 200 76TH STREET 6 7 WHEREAS, on September 20, 2022, the Council of the City of Virginia Beach 8 acted upon the application of Frank A. Zingales ("Zingales") and James T. Cromwell 9 Esq. ("Cromwell"), Receiver for Shore Realty Corp., (collectively the "Applicants") for the 10 closure of an approximately 750 sq. ft. portion of an unimproved, unamed right-of-way, 11 adjacent to the rear of 76th Street (GPINs 2419-67-2161 & 2419-67-2183); 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3712C) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 19, 2023; and 16 17 WHEREAS, on August 21, 2023, Cromwell requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on September 20, 2022 (ORD-3712C), upon application of Frank A. Zingales 25 and James T. Cromwell Esq., Receiver for Shore Realty Corp., is extended to 26 September 19, 2024. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 29 of , 2023. 30 No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-67-2161 , 2419-67-2183, 2419-67-1078-1840 & 2419-67-1078- 1850 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Guar Q JJ / City Attorney Planning Department CA16238 \vbgov.corn\dfs 1\applications\citylaw\cycom32\wpdocs1d0311p026\00909675.doc R-1 September 8, 2023 LUUdLIUII IVIelp o \\\\\ R5R(jNE) r:i RSR(N E) \� treet S 76th 1 y \ ,C1 ' �eet: �� s t _ i 1 ; 111 -_-:3 \\ f� , \� R5R(NE_) 1 _ Z. ‘. 0 ' \ 0 ' ,---\, \ R-5R(N:E) \\\ „ .,c... , ........_ , 0 \ )\' , c__: 3 R05R(NE) cA \ ______\C eet ,' R5R(NE) 0 -�`, _ , �-= 75th gtr l � C:- R5R(NE) , ; 1 Frank A. Zingales & James T. Cromwell, Esq. _4 Site Receiver for Shore Realty Corporation, W Nly`E, Property Polygons a Defunct Corporation S n Zoning Portion of the unimproved right-of-way between Building 200, 202 & 204 76th Street Feet 012.T5 50 75 100 125 150 Disclosure Statement 1113 City of Cintinia 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 Scott & Volha Washburn &James T. Cromwell, Receiver for Shore Realty Corporation a defunct corporation Does the applicant have a representative? © Yes ❑ No • If yes, list the name of the representative. R. Edward Bourdon,Jr., Esq.,Sykes, Bourdon,Ahern& Levy, P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 No • If yes, list the names of all officers, directors, members,trustees, etc. below. (Attach a list if necessary) • 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. kewsed 11.05.102O 1 eistimisi raw ......_. Disclosure Statement 1000 City of Vinijinin Balch 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. MERS 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes Ul 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 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 ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement C5i y of Box* 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 0 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. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? U Yes ❑ No • If yes,identify the firm and individual providing the service. R. Edward Bourdon,Jr., Esq.,Sykes, Bourdon,Ahern & Levy, P.C.;Ashley E. Hughes, Esq.,Coleman&Coleman, PLC 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 Scott Washburn Volha Washburn Print Name and Title 09/08/2023 09/08/2023 Date Is the applicant also the owner of the subject property? © Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 Disclosure Statement V13 City of Virginia Rend; Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement 143 104- City of Virginia Bain Planning & Community Development Owner Disclosure Owner Name Applicant Name Scott & Volha Washburn &James T. Cromwell, Receiver for Shore Realty Corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes I 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 II No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. gevised 11.09.202( 5 Disclosure Statement City of►irybuo Borah Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes, identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes • No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes E. No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No • If yes, identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No • If yes, identify the firm and individual providing the service. Revised 11.09.2020 6 Disclosure Statement City of Viryinia Brach Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes, identify the firm and individual providing legal the service. R. Edward Bourdon,Jr., Esq.,Sykes, Bourdon,Ahern & Levy, P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. •, - wn•r Signature James T. Cromwell, Receiver Print Name and Ti le Date Revised 11.09.2020 7 ( P a g e }r r_ 5► CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Five Project Resolutions Requesting Participation in the Virginia Department of Transportation Revenue Sharing Program MEETING DATE: September 19, 2023 • Background: The City of Virginia Beach is applying for the Virginia Department of Transportation's FY27-28 Revenue Sharing Program funding. Summaries of the grant program criteria as well as the proposed candidate projects are detailed below. Revenue Sharing Program: The Virginia Department of Transportation (VDOT) Revenue Sharing Program was created by the Virginia General Assembly to provide localities with additional funding for priority projects or to supplement funding for existing projects within the locality's highway network. The Revenue Sharing Program accepts applications on a biennial cycle. Therefore, the 2023 applications and subsequent allocations will be for two fiscal years— FY27 and FY28. The next opportunity to apply for Revenue Sharing Program funds will be fall of 2025. Based on the Commonwealth Transportation Board (CTB) revised the Revenue Sharing Program guidelines, the maximum each locality can request is$5 million in state Revenue Sharing allocations per fiscal year. ($10 million per biennial cycle), and the maximum lifetime limit of state Revenue Sharing funds per project is $10 million. The following five Roadways Capital Improvement Program (CIP) projects have been identified as candidate projects for Revenue Sharing Program funds in FY27 and FY28. All five candidate projects are existing projects included in the Roadways Capital Improvement Program: 1. Centerville Turnpike Phase III (Project#100058, District 7) —This project is for the construction of a four-lane divided highway between Kempsville Road and Lynnhaven Parkway. The project will provide on- and off-road bike accommodations, and existing aerial utilities will be relocated to a new overhead location. The total distance is approximately 1.15 miles. • Total estimated project cost: $61,571,638; • FY27/FY28 Revenue Sharing funding request: $500,000; • Project proposed to be introduced as a new project to the Revenue Sharing Program; • Local funds already programmed on the Centerville Turnpike Phase III project provide the 50% local match or$500,000. 2. Cleveland Street Improvements IV (Project #100123, District 4) — This project is for the construction of an improved Cleveland Street/Columbus Street. The new road will feature a 3-lane, 79-foot wide roadway that will run 1.2 miles in length between Witchduck Road and Independence Boulevard. As identified in the Pembroke Strategic Growth Area Plan, the road will also consist of turn lanes, shared-use pathways, on-road bike lanes, on-street parking, and landscaping. • Total estimated project cost: $37,620,216; • FY27/FY28 Revenue Sharing funding request: $500,000; • Project proposed to be introduced as a new project to the Revenue Sharing Program; • Local funds already programmed on the Cleveland Street Improvements IV project, provide the 50% local match or $500,000. 3. Rosemont Road Phase V (Project #100340, District 10) — This project is for the construction of a four-lane divided roadway from Primrose Lane/Harbinger Road to Dam Neck Road, a distance of approximately 1.3 miles. The four-lane divided roadway will include a continuous 10-foot wide sidewalk along the east side of the corridor as well as a 10-foot wide sidewalk along the west side from Faculty Boulevard to Lynnhaven Parkway. • Total estimated project cost: $36,835,814; • FY27/FY28 Revenue Sharing funding request: $1,000,000; • Project is an existing Revenue Sharing Program project; • Local funds already programmed on the Rosemont Road Phase V project provide the 50% local match or$1,000,000. 4. Elbow Road Extended Phase II-B (Project#100529, Districts 2 & 7) —This project will provide two lanes of the ultimate four-lane right-of-way footprint on Elbow Road from Meadow Crest Way/Margaret Drive to the Chesapeake City Line at Stumpy Lake, a distance of approximately 1.3 miles. The two lanes constructed in Phase II-B will be the future eastbound lanes in the ultimate four-lane divided roadway configuration. The project includes a sidewalk, on-road bike lanes, landscaping and noise barriers where warranted, replacement and realignment of two lanes of the existing sub- standard Elbow Road Bridge. • Total estimated project cost: $56,983,300; • FY27/FY28 Revenue Sharing funding request: $1,000,000; • Elbow Road Extended Phase II-B is an existing Revenue Sharing Program project; • Local funds already programmed on the Elbow Road Extended Phase II-B project provide the 50% local match or$1,000,000. 5. Nimmo Parkway VII-B (Project #100278, District 2) — This project is for the construction of Nimmo Parkway VII-B, a two-lane undivided roadway with shoulders, on-road bike lanes, and a shared-use path. The project represents the second phase of Nimmo Parkway VII, which has limits from Albuquerque Drive to the western terminus of the "Sandbridge Road-Nimmo Phase VII-A" project. This project will include a bridge spanning Asheville Bridge Creek and the adjacent flood plain/wetlands area. • Total estimated project cost: $49,379,500; • FY29 Revenue Sharing funding request: $7,000,000; • Nimmo Parkway Phase VII-B is an existing Revenue Sharing Program project; • Local funds already programmed on the Nimmo Parkway Phase VII-B project provide the 50% local match or$7,000,000. • Considerations: The Revenue Sharing Program is not a grant program. The funds are only available on a reimbursement basis. The Revenue Sharing Program requires that the locality provide a 50% match. The local match will be provided using existing funding within the respective capital projects. • Public Information: Normal Council Agenda process. • Recommendations: Adopt attached resolutions • Attachments: Revenue Sharing Resolutions (5); CIP Detail Sheets; Location Maps Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100058 "CENTERVILLE 3 TURNPIKE PHASE III" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Virginia Code § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $500,000 in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project# 100058, "Centerville Turnpike Phase 24 III." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA, THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100058, "Centerville Turnpike Phase III," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100058, "Centerville Turnpike Phase III," under agreement with the Virginia 36 Department of Transportation, in accordance with the project's financial document. 37 38 3. The City Manager and/or his designee is authorized to execute all 39 agreements and/or addendums for approved projects with the Virginia Department of 40 Transportation. 41 42 4. The authorization provided by this resolution extends to the corresponding 43 name and UPC numbers for the project listed supra as such project is named or 44 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 45 Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED TO LEGAL SUFFICIENCY: Budget and Management Services C' orney's Office CA16301 R-1 September 7, 2023 low i r, Iliso_ ... 1------lizi Arwit, .._.... 4.,, "t"....._ A"Rs. c.,...ta... --.... . - ,, L... "�`o v 0�9. FERRELLPW, -1 ` �� ,' ,a T �, 1i�.c, .. ��t � 10 n. 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Legend CENTERVILLE TURNPIKE PHASE III �co '� CIP 100058 !- [ Centerville Turnpike Phase III ii, �_ 1 City Properties 600 300 0 600 Feet / Prepared by P W/Enq/Eng.Support Services Bureau 07/28/2023 X:\CADD\ProjectstARC Files\Revenue Sharing Pre-Application Project Maps\Centerville Turnpike Phase III.mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100058 !Title:Centerville Turnpike Phase III Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:7 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 61,571,638 42,519,593 5,674,751 3,000,000 - 4,978,770 2,699,26 A 2,699,26 Description and Scope VDOT UPC#109381.City Council identified this project as an Initiative under the Goal Improve the Transportation System in the 2018 Annual Report to City Council.This project is for the construction of a four-lane divided highway between Kempsville Road and Lynnhaven Parkway.The project will provide on and off road bike accommodations.The total distance is approximately 1.15 miles.Existing aerial utilities will be relocated to a new overhead location. Purpose and Need This project will address congestion in the Centerville area.The existing two-lane roadway carries 13,800 vehicles per day(2017)with a capacity of 13,200 vehicles.It has a projected volume of 30,000 vehicles by the year 2040.This corridor is ranked#19 of 311 in the 2017 Technical Ranking of Congested Roadway Segments list. History and Current Status This project first appeared in the FY 2013-14 CIP.In 2017,the project was selected for Smart Scale Round 1 funding of$6 million.In 2021,this project was incorporated into the U.S.Senate's Transportation-Housing and Urban Development Appropriations bill as a Congressionally Directed Spending request sponsored by Senator Tim Kaine.As a result,$6 million in federal revenue was estimated to this project in FY 2022-23. Operating Budget Impact Comments Based on FY23 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/17-03/26 2,437,874 e('"w"°d/ € Site Acquisition 02/24-10/25 4,715,636 Private Utility Adjustments 10/25-10/26 1,890,772 Construction 02/27-06/29 47,128,832 -ak 1tx Contingencies 07/17-06/29 5,398,524 ,� "%we Ma Total Budgetary Cost Estimate: 61,571,638 , c, tti 100058 .. V'�V M�� Q, Means of Financing ,;e,uadi , ,.,a2 Funding Subclass Amount v P,A 1`...,o Local Funding 49,571,638 ♦I : , t ,,,�'� Federal Contribution 7,710,000 'M"„w` i \: State Contribution 6`.0.000 . 4,290,000 '.AB i ,hn r. Total Funding: 61,571,638 FY 2023-24 to FY 2028-29 32 Capital Improvement Program 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100123 "CLEVELAND 3 STREET IMPROVEMENTS IV" AND TO AUTHORIZE THE 4 CITY MANAGER TO EXECUTE A PROJECT AGREEMENT 5 WITH THE VIRGINIA DEPARTMENT OF 6 TRANSPORTATION IN FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $500,000 in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100123, "Cleveland Street 24 Improvements IV." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 10.0123, "Cleveland'Street Improvements IV," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100123, "Cleveland Street Improvements IV," under agreement with the 36 Virginia Department of Transportation, in accordance with the project's financial 37 document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addendums for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 46 Improvement Plan. 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: Budget and Mana ement Services C. e s Office 9 9 Y CA16302 R-1 September 7, 2023 l��O\\�O*>, v \ \ SLEYpM R � �� •L z o 4114 49 ‘4P �; 4' V'5*--� e�Q! 6.,Si4TE'.-rti• '''' :04•A'o.%41*tWIA47.17,-- I 1, • O\\: 0 / E4 Aitakt , a 2> / 0 , 4,-,*A-:,,ii.... / !•414t,8 /\ ° *."*44 ,‘‘ ce/A\‘'. . 4• 4,:...s, pte.„*.:77,. ./„.. --- Nu._ ,..di . " ' of �� ,. ,., <(;;" ttZ) \ ,,. ki 4 A O :At._ 74 IVI Ai*/ 1., , `•4V z\ ' * r\q",e0\44. . * 5i'n, 0 �o.1 ''' ' ''‘!' 4 ° ';'O. . ' ,\%t . "4, CO •vs 4. 41144+,*". ..„, 1\ 44T-',;t0,V,Iroy,.,,,t, A 44k0,. .,•mk7.,\. '''' S'c ' .. >447#A.o•,\ i. m'. �;o�,;4:447C4OA �` . ;��.0dp� st:.. AAA \ Z\, 46..‘'*4 4 ' I 474114p;'Mr V . .74"A # te,„ -\ f;%-`? ,. 4V., .-,4-44> 4.41A• ./ s Air- &\., ,,,,, ,41.• _fri,j..„ . ./4.t. cc.:;,, *# •‘, #72 • ,• ,< ,\ m"44). .,.____-.... .. A. _ > ''4 • 4p., .116,,*,<>•••,,,4,' , \• ..." V. 0\e4r 4.::•<*/ ..:,..-,,\ 40 ..4,.;., /\ 4tp ,4>A6,x( \ 0 4.:' 10L* ' ,:,,. .4,....- *,,,,, * . ,* i 44,74.4, ik / ',. ,...*.../,1k*N i,.,t.../':',.#">;;14:7';:l111)_ „4:?:',,,./ • • �/ , S8.y�. fir ♦� �!!t d �/ 4G ,� �. � �i. JB ,�. �� 4v; i �� 7i r4 d � r� .• -4° O . .a' . 'ce\3 tV •.' * . pv). 1st. , 00 O'' Ir#7,\' nB �a -� r'' �• SI © '-' s'1. ','c / <9 *. /4 ' it, 44:la 161.044111i0la cj irdi * ., _., __Am" 440,11,•: ."`..,17446.;et 4,7 1112111dr SC IMAIr. . ,;_e # \--- 4"/ . s'' / . S <jain/ 4 #0 l tatL / .:4'e ° , l Ilii©aaCin 4- EEd orb;0et y-- el 1 t 4 I ij If!1 TO g PI[in / OM MPS 7700A‘Vlijks 4 il 77 1:417,1 do44r 1 P. .A•i c M •1 Mi.i. 4 tics,11 „,,,* pc, r`�J► �'�4 ` 0 d°�« '4,4S34,"V•M�.P. �P SSP E d ale \\> .-4,,I 1.„;"4 ,) , , 74 -7.,;,7 -414-1.--1..f74;--:--- ..„,00,,,,,*. ,--,--$ 4, ... .„, ...s..„.„ . . ._. .. _ • ."....../ . , . „,..,... , .,. „,,,,, c„,.,..;v...,==,...._,=,,, .....",,,., p it,, / o A � ,/\�,�' lam. -q S.�I•- F d �\ e � ♦ q./ ) \,./fr•,:.% / /•\ .....*. 7l.,:, . ) 4* V2. :IF IPIZE-: fgg E 4* 414,0k. .441 O� O,(> ),,,A. • .,..0005 0.1 /- - LOCATION MAP Legend , ; CLEVELAND STREET IMPROVEMENTS IV CIP 100123 1 Cleveland Street Improvements IV •— 2. 600 300 0 600 Feet City Properties ' Prepared by P.W/Eng./Eng.Support Services Bureau 07/28/2023 X:ICADD1 Projects\ARC Files\Revenue Sharing Pre-Application Project Maps\Cleveland Street Improvements IV mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100123 !rifle:Cleveland Street Improvements IV 'Status:Approved Cate:ory:Roadways Department:Public Works Project Type Project Location Pro ect Type:New Facility Construction/Expansion a istrict:4 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 37,620,216 20,249,933 3,637,067 1,160,000 2,860,107 513,828 9,199,281 Description and Scope This project will provide funding for design,property acquisition,and construction of an improved Cleveland Street/Columbus Street.The new road will feature a 3-lane,79-foot wide roadway that will run 1.2 miles in length between Witchduck Road and Independence Boulevard.As identified in the Pembroke Strategic Growth Area Plan,the road will also consist of turn lanes,shared-use pathways,on-road bike lanes,on-street parking,and landscaping.Existing aerial utilities will be relocated to a new overhead location and LED Street Lights will be provided.The project also includes replacement of traffic signals at Dorset Avenue and Kellam Road.This design is typical of streets within the mixed-use urban environment. Purpose and Need This project will provide additional capacity and increase safety along Cleveland Street and to reduce travel delays by adding an additional lane in each direction. 27 crashes have occurred along Cleveland Street in the three year period from 2017-2019,resulting in one fatality in 2013.The Cleveland Street corridor is ranked#17 of 289 in Virginia Beach's 2019 Technical Crash Ranking of Arterial and Collector Road Segments.The project will provide connectivity with the Greenwich Road Flyover/Cleveland Street Phase III Improvements Project and with the Witchduck Phase II project from Virginia Beach Boulevard to 1-264.It will directly connect the Newtown and Pembroke Strategic Growth Areas(both designated Urban Development Areas by the Commonwealth),serving as a gateway to the Central Business District of Town Center. History and Current Status This project first appeared in the FY 2012-13 CIP as"Pembroke Strategic Growth Area,"with funding reallocated from project"Strategic Growth Area Projects."In the FY 2017-18 CIP,this project was moved from the Economic and Tourism Development Section of the CIP to the Roadways Section and re-named. Operating Budget Impact Comments Based on FY23 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - 16,918 Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 11/21-03/27 2,745,508 f Site Acquisition 10/23-10/25 9,845,933 Private Utility Adjustments 10/25 10/26 1,443,000 Construction 03/27 10/29 19,940,100 Contingencies 07/19-10/29 3,645,675 Total Budgetary Cost Estimate: 37,620,216 •100123 «,I.' ""' 1 Means of Financing .,n• Funding Subclass Amount ,,,,,"El, Local Funding 18,420,935 Federal Contribution 8,273,557 State Contribution 1,726,443 .�+ ' • , / Total Funding: 28,420,935 FY 2023-24 to FY 2028-29 35 Capital Improvement Program 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2_ REVENUE SHARING PROJECT # 100340 "ROSEMONT 3 ROAD PHASE V" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28;. 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $1 million in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100340, "Rosemont Road Phase 24 V." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100340, `Rosemont Road Phase V," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100340, "Rosemont Road Phase V," under agreement with the Virginia 36 Department of Transportation, in accordance with the project's financial document. 37 38 3. The City Manager and/or his designee is hereby authorized to execute all 39 agreements and/or addendums for approved projects with the Virginia Department of 40 Transportation. 41 42 4. The authorization provided by this resolution extends to the corresponding 43 name and UPC numbers for the project listed supra as such project is named or 44 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 45 Improvement Plan. 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: Bu get and Ma , ement Services s ffice CA16305 R-1 September 7, 2023 k'N 10,1 ^k t f7 lair ,/( `�tr tart i \ .ISITE �a r<'% _..4.1 T I 1.. ..iii ,.., ....;:..1. 16,.......fir, .14, 14 bli.sTita?It* , #. !I �a ��r 11 Lrz'l►�► t�O�•i:, �'-101 de `1peyt. .... . . 4 , Qa6,,,,,„,-0 ''.:01, 0 ,,f? 72,„.41.,,.. P-.,. ------ 0.- •.•ifee • ,.. lap- 7,0,4---1 0,--.--,- ',, V '''''41,,,' '., . ,&.•;"laiz 11.01,40*4*.S .14tol.ri *.1,1.''".... 4, 6.0 .\\A `,,,. 4-- #4.1/ t '47.444*, ,„:4014,44,01., \:\of.." '41 -'90 ((i4t, N ' ii ifirok r,t, \94,511;01./0.'-0-04%VIO1.10... 4,10)441 . \,, e .. :e % ...4,-,--- • ,15‘..----- ,070.9, .. L-' ' .0 \ . ...-. -, I LI Ojt..0 4* 46 1/0", ' el .1 .*OP 7 fr 1 At' otZt>4,0, ,,,,, It- ,>& \*44) 47 r , ,, ... ii,.. 44,....v 4,,v.. ..... 4.0 0,40*.„_40., .. 4,, ti,.....a. ,,:..„,_ , plkt liafir", AN0413, **1 10091%.sti'...10 1 ._.) .' ' I/ ,_. 41,--.,,.._1 ,,_ A,o•Vis.041\ ..• 111.101100%ge14,1%.,... Aallik,, 11\::: ::, �l4TAO&it rs1 17 i. 4--•-, Pft tAiiii•L'illii,/./Ma;"'IlirVIJ teS MV.,,,--4044\VW • . , _ -- di 1•*0 ih ' <1i o40)*1 JAtw Q vim ;.•# Idit 4. Atjr4r4Vtl' 10 1I5 t., ►yam ��e r�.�.r�J. �T 71V 0 -- ` •'t • 4itA C1Wev cA \SO.,.ss\06 414tra...4*_l_ s:,'141%.s.41441-10;440VAI litiplia' 111P kW Iblitik.\it ‘*rli-oitTAttorli 16 rikSIV:*:,tti`;.#0,:v.VAtirrife--------Nrig 41/ . l°i ! r�� ti� ,s4 <ts 9�©0: �� . t ��\�;:. ��i�w) it r --,,, ,, i vits,.* 0—gii Mt" itV7 mk.tisgoipt4vitz/41„.. -.:. \‘,1,.4, ia, tro 46_400 _..i, fon Irak Vlity.i,4_tip,W ittpm4 4*-0 \WV', .:(; r\, 4.\ qeoftp• 0.4 17 i w-- , 4* W 7..;,-; \ S\NP7 ittipb.----tko:i: tri,1" A kos --%:‘Cs *4 /4 / '‘, \ top 0.1* _94 4/101kk4P-hirthl *s\ - s'ii• , '.•*IS` StO% -es. 1‘ , \ .A.N, ,,,,,,, .4itia lab 4W4firholi.!..4 tif#..111 ,• _ ' A;,,,,,o,,4,44,1b„cis iv , .. ,i1 s.,, 4 wi , �OO tNi, '‘ 4-1' 4 4-*i A7444if li • ,-_,N;'")..... A LOCATION MAP 14 \ rr i Legend ROSEMONT ROAD PHASE V �� CIP 100340 J , t , Rosemont Road Phase V 600 300 0 600 Feet • ,jr, -, tg A L 1 City Properties Prepared by P W/Eng./Eng.Support Services Bureau 07/28/2023 X:\CADD1Projects ARC Files\Revenue Sharing Pre-Application Project Maps\Rosemont Road Phase V.mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100340 'Title:Rosemont Road Phase V !Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:10 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,835,814 19,690,000 858,429 1,270,293 11,668,382 3,348,710 Description and Scope VDOT UPC#105623. This project is for the construction of a four-lane divided roadway from Primrose Lane/Harbringer Road to Dam Neck Road,a distance of approximately 1.3 miles.The four-lane divided roadway will include a continuous 10-foot wide sidewalk along the east side of the corridor as well as a 10-foot wide sidewalk along the west side from Faculty Boulevard to Lynnhaven Parkway.This project also includes the upgrade of three existing traffic signals at Buckner Boulevard,Faculty Boulevard/Celtic Drive,and Concert Drive. Purpose and Need This project will improve capacity needs and mobility demands in this area of the city.This corridor includes two segments,Buckner Boulevard to Dam Neck Road and Lynnhaven Parkway to Buckner Boulevard.The 2021 existing volumes are 14,300 vehicle per day for Buckner Boulevard to Dam Neck Road and 17,400 vehicles per day for Lynnhaven Parkway to Buckner Boulevard.By 2040,projected volumes are 17,000 vehicles per day for Buckner Boulevard to Dam Neck Road and 20,000 vehicles per day for Lynnhaven Parkway to Buckner Boulevard.These segments are ranked#18 and#20 respectively of 311 in the 2021 Technical Ranking of Congested Roadway Segments list. History and Current Status This project first appeared in the FY 2013-14 CIP.This project received$3 million in FY 2014-15 Revenue Share funding,$4 million in FY 2016-17 Revenue Share funding,and$2 million in FY 2018-19 Revenue Share funding.The Revenue Sharing awards on this project have been delayed per actions taken by the Commonwealth Transportation Board in December 2020,acting upon power granted by Chapter 56 of the Virginia Acts of Assembly, Special Session I. Operating Budget Impact Comments Based on FY20-21 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - 62,431 Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount '%o m.o..,. L Design 09/14-07/23 2,077,847 , 71 s a 4 Site Acquisition 11/22-04/24 7,031,775 6 1 Private Utility Adjustments 05/24-04/25 1,012,095 • Construction 12/25-11/28 23,365,387 r:`k'a.k 8 Contingencies 09/14-11/28 3,348,710 .,... Total Budgetary Cost Estimate: 36,835,814 100340 .,..*.O",.wu• ••'°' Means of Financing 1 .0.0'`• \ Funding Subclass Amount ti,° • Local Funding 27,835,814 `� L;L:al, Ilse ° State Contribution 9,000,000 tCumnuret. g CMlege a° e Total Funding: 36,835,814 FY 2023-24 to FY 2028-29 76 Capital Improvement Program 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100529 "ELBOW ROAD 3 EXTENDED PHASE II-B" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing.Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $1 million in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100529, "Elbow Road Extended 24 Phase II-B." 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council of the City of Virginia Beach supports the participation of 30 Project # 100529, "Elbow Road Extended Phase II-B," in the Virginia Department of 31 Transportation Revenue Sharing Program. 32 33 2. The City Council of the City of Virginia Beach hereby commits to fund the 34 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 35 of Project # 100529, "Elbow Road Extended Phase II-B," under agreement with the 36 Virginia Department of Transportation, in accordance with the project's financial 37 document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addendums for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 46 Improvement Plan. 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 agement Services Cit ey' O� CA16303 R-1 September 7, 2023 o ,,p =; a �Nw , ., 4FERRELL PW. pR, Q r r M IA if a OW � -�IYNHA S,�l'„. 4t � � .2%'., „,, rat. 4.03 41i- i:p_ rr .ik .,,,, P yi FR?p ',�� i N ••? 44-q.4,©O� .. 'ate •® %�q� t witi f V , , V. #. <>(4,4p4kf--"fxfy:_,;-Afitv' cAt"._ 4>v-410"*,___,4>40; .4-0 / c' -voiciN A '=' 4Adir . ,0 ---_ N QicR4;,". IfA 4 "1/e6 z _AI �4A- 0etts:., s)eAV V,4`pA,c_if0/.&,47 vp,� 4*,41,414,..10, 0,,,, ,>;,,Atir riettir :".,. (e.4.,,,‘„Zoz,47007,1„. 11. ,, - 4,v ova iw- ocr__r 94,7„,„. 16---, ,,,_,,., w.i.„:„ . I,. ota. 00/ tow-his,110.0,14,_,_ b...,___ -_,.„______ z),, ,, 47 , z,,t„ er, icik., .4,....,.411.., ..,1,,Jr4v4vm '/44kttrIkV4"11 t*ftliil /P4(1 i AP gilit : -_ N.,„ )77$11tWASV S '," '‘i "W14 /Q1 oe o ob 4734*.41+drttVIi 0li \.,, o!1 p ` � � , r . vit C J � �, 0 Q ti o� ,bi t•, wiz,J a ,r ,C� © © ♦. 4� veAS�� imi--vi off, o Q�� D :11"trisz= � 4eft.__4(1,?ift 41444,, ctLawiticii") i)--41, i2s,:i4erayr/457040- 0- :1As.4-4:1!„.1to-->:to. ,q, „ '44,:vtz, . cz: 744; 4447, cty �'�v �► � flii �� . rN .)4-41.. , --ifi _44, itmcv geht50, ,,,44%7 Tiot ,v400x-4b.i nottrip _ AspeoAparjecsi>etoon---Th-0- wQ ®. ..�.�� 4,.,..\ 10t# 0 i latI.45tz,""-44 .4"z9kNetoplil ‘,.,,.,4v i ;,« 4,,,,s4i� isit Legend 4 �►.4 / Elbow Road Extended Phase II-B g , �* 4 ` j City Properties ' 'Ares* A L my I ill LOCATION MAP / Alikk ' ELBOW ROAD EXTENDED PHASE II-B JG,� c'�'of`. C I P 100529 �'ofC�9i•�; 600 300 0 600 Feet / hasapea re ee0oh Prepared by P.W./Eng./Eng.Support Services Bureau 07/28/2023 X:\CADD/Projects\ARC Files/Revenue Sharing Pre-Application Project Maps/Elbow Rd Phase II-B.mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100529 'Title:Elbow Road Extended Phase II-B 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion I istrict:4 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed ClP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 56,983,300 50,117,537 5,865,763 1,000,000 - - - Description and Scope VDOT UPC 415828(Original Elbow II UPC). This project will provide two lanes of the ultimate four-lane right-of-way footprint on Elbow Road from Meadow Crest Way/Margaret Drive to the Chesapeake City Line at Stumpy Lake,a distance of approximately 1.3 miles.The two lanes constructed in Phase II-B will be the future eastbound lanes in the ultimate four-lane divided roadway configuration.The typical roadway section includes an 8-foot wide sidewalk,two dedicated on-road bike lanes,LED street lights,landscaping and noise barriers where warranted on both sides of the roadway in their ultimate locations.Also included is replacement and realignment of two lanes of the existing sub-standard Elbow Road Bridge.Site Acquisition funds in this project covers needs for both phases II-B and II-C. Purpose and Need This project will provide an alternate route for traffic using Princess Anne Road,Independence Boulevard,Lynnhaven Parkway,and North Landing Road. Traffic volumes currently range from 11,000 to 13,500 vehicles per day,and by 2040 is expected to reach 31,000 to 36,000 daily.Without this project, traffic will overcrowd Lynnhaven Parkway,and Princess Anne Road.Between Indian River and Salem Road,the current roadway geometry is sub- standard,and there is a history of crashes along the route.Based on 2019 crash data,this segment of Elbow Road is ranked 429 out of 289 urban road segments,experiencing high-crash rates over a 3-year period. Additionally,the existing bridge needs replacement due to a sufficiency rating of 64.1.This project will provide a geometrically acceptable roadway and a new bridge for two of the road's four lanes. History and Current Status Based on a needs analysis as a backlogged project,the overall"Elbow Road Phase II"first appeared in the FY 1985-86 CIP as a City administered project.It re-appeared in the FY 1991-92 CIP.In FY 1995-96,the project was accepted as a VDOT project.In the FY 1997-98 CIP,this project was reduced in scope with the City constructing a two-lane portion of the ultimate four-lane section,"Elbow Road Extended-Phase I,"to meet the projected opening date of the New Castle Elementary School.In FY 2002-03,"Elbow Road Extended-Phase II-A"was created to facilitate advance construction of a two-lane road connection between Salem Road and Princess Anne Road.In FY 2003-04,the City assumed all project responsibilities from VDOT. Operating Budget Impact Comments Based on FY23 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - 33,835 34,512 35,202 Total FTE - - - - - - Project Map Schedule of Activities AitEN Project Activities From-To Amount P" Design 07/96-09/22 7,793,000 u+» Site Acquisition 09/17-07/22 5,000,000 $quM P"` Private Utility Adjustments 11/21-12/22 500,000 Sam takas .South Peri Construction 04/23-10/26 39,924,400 Contingencies 07/96-10/26 3,765,900 Total Budgetary Cost Estimate: 56,983,300 eva'" •100529 11/4 Means of Financing e Funding Subclass Amount Local Funding 23,637,951 Federal Contribution 19,164,404\\ State Contribution 14,180,945 Total Funding: 56,983,300 FY 2023-24 to FY 2028-29 38 Capital Improvement Program 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100278 "NIMMO 3 PARKWAY VII-B" AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, Code of Virginia § 33.2-357 provides for the distribution of Revenue 9 Sharing Program funding from the Virginia Department of Transportation to localities in 10 the Commonwealth of Virginia primarily for the purposes of providing funds for 11 immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2023 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar matching 18 basis, whereby every dollar received from the Commonwealth must be matched by a 19 dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach will request an allocation of $7 million in 22 Revenue Sharing funds for construction and potentially utilities adjustments and site 23 acquisition in the 2023 application cycle for Project # 100278, "Nimmo Parkway VII-B." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA THAT: 27 28 1. The City Council of the City of Virginia Beach supports the participation of 29 Project # 100278, "Nimmo Parkway VII-B," in the Virginia Department of Transportation 30 Revenue Sharing Program. 31 32 2. The City Council of the City of Virginia Beach hereby commits to fund the 33 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 34 of Project # 100278, "Nimmo Parkway VII-B," under agreement with the Virginia 35 Department of Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addendums for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth in the Virginia Department of Transportation's Six-Year 44 Improvement Plan. 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: eKt4 Budget and Management ervices me s Office CA16304 R-1 September 7, 2023 , i V o �,_ L ,-- ,, trMoP 4- l E A' 3 Klp : 4 ,W N t . ,,4 t' ' >' ' / ii*Pil:' 1:.,4441: Mqr . . c � *ippr 111,41411111rEt hi • . A . 1\, A 11. P 4 �Io lopooP., 11. �o 4444/i P‘ ,44op:11, A b tywi tivi4, st> ._ •Iks,.4740:014toz4)-4 ,.. . 04:4-.404-iteotztki, . . 44 vi Pam...A4:P4i.4,,-.4,O 4 t.4o.-:A7.\.,.o`eP,t •A-44Af;,1;,!)4,.i ,, ,i,... ,A,4 —.8PiACtv1;r1M,vA.11 i0l /7rt N4Zt 044,t 3.•4,.t o*10.0t1.i ----,-----it,. .44o ..e) 47" AA 1111.0C t>,'.- '*?•S Att AO ce44V _ , ,0®®`gip:, oq \10,01.01:4f44,4:49444/7 P.Crgy 1 atll • 411 , ,.0 tivif>4-- A a I:144,f 4:1:16.A.401 ' tAirt.,,'" ciedittro 4bidb:1"tr$14\, ;i4 cir -/ 1 440,4 be itetip.,..)-ftv rAtt,b looky."447 r, 4,4:4f) ,ityA, , 4„Ci it , G:a*lia tap eti 4>1 -+ *. NV' 0- �p'OV �` s pi LOCATION MAP Legend 04 44 * #4*-4.,4'.:-',Vityti A , O �d "'a ©ap 11!s 4 i NIMMO PARKWAY VII-B Nimmo Parkway VII-B .?" W' ,,, o /�� CIP 100278 . �,yp� o ©� 1,000 500 0 1,000 Feet City Properties !i ' ,1 Q Prepared by P W/Eng/Eng.Support Services Bureau 07/28/2023 X IC ADD.Projecls\ARC Files/Revenue Sharing Pre-Application Project Maps\Nimmo Parkway VII-B mxd Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100278 'Title:Nimmo Parkway VII-B !Status:Approved Cate:• :Roadwa Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 49,379,500 16,011,438 3,000,000 5,608,911 7,500,000 12,759,151 4,500,0S• Description and Scope VDOT UPC#115543. This project is for the construction of Nimmo Parkway VII-B,a two-lane undivided roadway with shoulders,on-road bike lanes and a single shared-use path.The project represents the second phase of Nimmo Parkway VII,which has limits from Albuquerque Drive to the western terminus of the"Sandbridge Road-Nimmo Phase VII-A"project.This project will include a bridge spanning Asheville Bridge Creek and the adjacent flood plain/wetlands area. Purpose and Need The Nimmo Parkway Phase VII-B project is included in the City of Virginia Beach Master Transportation Plan.The purpose of this project is to improve access to Sandbridge by providing an alternative route to the Sandbridge area.Once the project is complete,it will provide a safer and more reliable alternate route for traffic currently using Sandbridge Road.It will also provide a more resilient hurricane evacuation route for the Sandbridge residents. History and Current Status This project first appeared in the 1990-94 CIP as"Ferrell Parkway Phase VI and VII(Partial)".The project was removed from the CIP after VDOT funding was transferred to"Independence Boulevard Phase IV-C.""Ferrell Parkway Phases VI and VII"were re-named"Nimmo Parkway Phases VI and VII"in the FY 2015-20 CIP.The project is a RSTP funded project and has$500,000 programmed in FY 2024-25,$5 million in FY 2025-26 and FY 2026-27,and $4.5 million in FY 2027-28.The allocation of Regional Surface Transportation Program(RSTP)funds federalizes the project.In addition,the project received an additional City Council approved transfer of$1,380,901 in local funds from"Centerville Phase II"on August 20,2019.FY 2023-24's appropriation includes$3 million from the 2022 Federal Omnibus Bill. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities 10 4 Project Activities From-To Amount b E 1%,.. " Design 06/17-09/26 3,234,500 q Site Acquisition 07/24-08/25 250,000 Private Utility Adjustments 07/25-09/26 3,626,000 Construction 10/26-01/30 37,780,000 p} Contingencies 06/17-01/30 4,489,000 S \ eir e b*41. 4' s ° Total Budgetary Cost Estimate: 49,379,500 ♦' *100278 i �� Means of Financing \ Funding Subclass Amount Local Funding 17,879,500 e 1 Federal Contribution 12,000,000 F ` State Contribution 19,500,000 Total Funding: 49,379,500 FY 2023-24 to FY 2028-29 66 Capital Improvement Program f-e4c1 ;478 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $8,007,388 from the Department of Defense Community Investment Pilot Program, to Accept and Appropriate $1,400,000 from the Virginia Military Community Infrastructure Grant Program and Fund, to Appropriate $2,031,738 from Fund Balance of the General Fund to the FY 2023-24 Operating Budget of the Police Department, and to Transfer Such Funds as Pay-go to the Capital Improvement Program MEETING DATE: September 19, 2023 • Background: The Police Department has been awarded $8,007,388 from the Department of Defense Community Investment Pilot Program (DCIP) Grant. This grant is designed to address deficiencies in community infrastructure, supportive of a military installation, to enhance military value, installation resilience, and military family quality of life. The Police Department worked with Public Works and the Navy to identify the Police Department Training Facility at Creeds for this grant opportunity. The DCIP grant would fund building improvements including architectural, mechanical, and electrical restoration or construction on all buildings at the facility. This grant also would fund milling and paving to bring the road to acceptable use. The total cost of the project is estimated to be $11,439,126. This facility is used by the Department of the Navy in addition to the Police Department. The grant requires a 30% match, so the non-grant portion is $3,431,738. To offset this cost, the Police Department also has been awarded $1,400,000 from the Virginia Military Community Infrastructure (VMCI) Grant Program and Fund. This grant is under the administration of the Governor, and it supports military communities by enhancing military readiness, installation resiliency, or quality of life. The VMCI grant requires a dollar-for- dollar match. The VMCI reduces the City's portion to $2,031,738. • Considerations: The DCIP grant requires a 30% City match of total project costs, which will be accomplished using a mixture of VMCI Grant fund and fund balance of the General Fund. The proposed action is to appropriate these funds and transfer the funds as pay-go to Capital Project #100536, "Creeds Training Center Renovations." Following this action, the fund balance of the General Fund will remain within the established 8-12% policy. As the City is still in the FY 2022-23 closeout period, the exact percentage will be reported to the City Council at a later date. The estimated fund balance percentage as of the adoption of the FY2023-24 Operating Budget is 9.97%. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Approve the attached ordinance. ■ Attachments: Ordinance, CIP detail sheet Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:/ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $8,007,388 FROM THE DEPARTMENT OF DEFENSE 3 COMMUNITY INVESTMENT PILOT PROGRAM, TO 4 ACCEPT AND APPROPRIATE $1 ,400,000 FROM THE 5 VIRGINIA MILITARY COMMUNITY INFRASTRUCTURE 6 GRANT PROGRAM AND FUND, TO APPROPRIATE 7 $2,031,738 FROM FUND BALANCE OF THE GENERAL 8 FUND TO THE FY 2023-24 OPERATING BUDGET OF THE 9 POLICE DEPARTMENT, AND TO TRANSFER SUCH 10 FUNDS AS PAY-GO TO THE CAPITAL IMPROVEMENT 11 PROGRAM 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 1. $8,007,388 is hereby accepted from the Department of Defense Community 17 Investment Pilot Program and appropriated, with federal revenue increased accordingly, 18 to the FY 2023-24 Operating Budget of the Police Department for funding building 19 improvements to the Police Department Training Facility at Creeds. 20 21 2. $1 ,400,000 is hereby accepted from the Virginia Military Community 22 Infrastructure Grant Program and Fund and appropriated, with state revenue increased 23 accordingly, to the FY 2023-24 Operating Budget of the Police Department for part of the 24 local match component of the Department of Defense Community Investment Pilot 25 Program grant. 26 27 3. $2,031,738 is hereby appropriated from the fund balance of the General 28 Fund to cover the remainder of the local match component of the Department of Defense 29 Community Investment Pilot Program grant. 30 31 4. $11,439,126 is hereby transferred as pay-as-you-go funding from the 32 Operating Budget of the Police Department to the FY 2023-24 Capital Improvement 33 Program for Project #100536, "Creeds Training Center Renovations." 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 Man gement Services G ttorney's Office CA16306 R-1 September 6, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100536 'Title:Creeds Training Center Renovations (Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement I istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 1,750,000 - 1,500,000 - 250,000 - Description and Scope This project funds the study of needs and options to support Virginia Beach Police Department(VBPD)training activities at the Creeds Training Center and other Police Department facilities and equipment.The study will examine requirements and current site conditions to make both near-term and long- term maintenance and recapitalization recommendations to preserve essential training and to improve site safety. Information from this study may be used to create future projects and/or phasing to consolidate functions and address VBPD operations at the site. Purpose and Need Creeds training facility provides all-encompassing law enforcement training for recruits and police re-certification. Annually approximately 800 VBPD students receive a variety of specialized training to include:precision and pursuit driving,room clearing,breaching techniques,de-escalation,and crowd management. Other training includes defensive tactics,building searches,rapid response,and crisis negotiation training. Joint training with other municipalities,State agencies,and Federal agencies bring the total student count to approximately 8,000 per year. History and Current Status The project first appeared in the FY 2020-21 CIP. In 2009,Creeds became one of a handful of facilities on the east coast to provide all-encompassing law enforcement training for recruits and active duty police. The compound was built almost entirely on runways and parking aprons used for military aircraft during WWII,and the original concrete has crumbled,presenting significant risk for injury and loss of essential training. The training structures are built mostly of used ISO shipping containers,plywood,and other makeshift materials,and have suffered significant rust,metal fatigue,and water infiltration,leading to rot,mold,and other recurring maintenance issues.$1,500,000 was added in FY 2023-24 to this project as part of the final Omnibus Appropriations bill. Operating Budget Impact Comments No net new operating budget impacts are anticipated to occur. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Equipment 07/23-06/26 1,500,000 Study 07/23-06/26 250,000 1 Total Budgetary Cost Estimate: 1,750,000 PA.*, Means of Financing Funding Subclass Amount •100536 Local Funding 250,000 Federal Contribution 1,500,000 Total Funding: 1,750,000 FY 2023-24 to FY 2028-29 102 Capital Improvement Program r ..„, Vic'. f Ii>i 4i;} ti, �° J ...:„....„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Transportation State of Good Repair / Primary Extension Program to Capital Project #100401 , "Street Reconstruction II," for Road Paving Projects MEETING DATE: September 19, 2023 • Background: Virginia Code § 33.2-369 establishes a State of Good Repair(SGR) program within the Commonwealth Transportation Fund. The purpose of SGR is for "improvement of deficient pavement conditions and improvement of structurally deficient bridges." Among the transportation items eligible for SGR funds are municipality maintained primary extensions. The Primary Extension Paving Program provides funds to qualifying road segments, up to $1.5 million per locality annually. Individual road segments are submitted to the Virginia Department of Transportation and scored via a prioritization process. • Considerations: The City was awarded $1,500,000 in FY24 SGR funding for partial paving costs for three road segments. The total paving cost for these road segments is estimated at $2,153,572. The four awarded segments, and the remaining local portion of the total paving cost for each project, are listed in the table below. Council Total SGR Local District Paving Award Portion Cost Columbus Street Eastbound & Westbound (Kellam Road to 4 $996,539 $695,000 $301 ,539 Constitution Drivj Military Highway Northbound (Auburn Drive to Alexandria 1 & 7 $673,872 $475,000 $198,872 Lane) Virginia Beach Blvd Westbound 6 $126,061 $85,000 $41 ,061 (Newall Lane to Highway Lane) Virginia Beach Blvd Eastbound (Riddle Ave to First Colonial 6 $357,100 $245,000 $112,100 Road) Total $2,153,572 $1,500,000 $653,572 The City will use available funds in Capital Project #100401, "Street Reconstruction II," for the local portion. There is sufficient local funding in the Capital Project #100401 to satisfy the local match. • Recommendation: Adopt the attached ordinance. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Location Maps (4), CIP Detail Sheet for Capital Project #100401 Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:0I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION STATE OF GOOD REPAIR / PRIMARY 4 EXTENSION PROGRAM TO CAPITAL PROJECT #100401, 5 "STREET RECONSTRUCTION II," FOR ROAD PAVING 6 PROJECTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 $1,500,000 is hereby accepted from the Virginia Department of Transportation 12 State of Good Repair / Primary Extension Paving Program and appropriated, with 13 revenues increased accordingly, to Capital Project #100401, "Street Reconstruction II," 14 for road paving projects with the local portion for such paving projects to be provided by 15 Capital Project #100401 . 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - 4c*vt6t1:AP° udget and Management Services Cit rney's Office CA16296 R-1 September 7, 2023 Lv > r `` AN t. a SITE S W ti o • Z- ,. INIA BEACH BLVD C� r 10.. 4 ,Ni% ,./ .•. P1A)' S •i . \e/ fre V: „LLAN0.. ..N , •0 o ,DFRo RD 9 ,e ioff . K>..4°-7. 4 - . \ V y/ , • , 1. . , .c • - Ap 4<> co '4.9.6)1' Ar/ ,, <id / 0. • \Fi>, OSQ<9,`--I ></A ' o4s lL �� \\/ : <6 O /\ 4I‘Zrli • Q \IV . $ 0°. 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VIRGINIA BEACH BOULEVARD EASTBOUND Eii oo 1FROM RIDDLE AVENUE TO FIRST COLONIAL ROAD - , lli 300 150 0 300 Feet n n Mn& 1 Prepared by P.W/Eng./Eng.Support Services Bureau 09/06/2023 X:\CADD\Projects\ARC Files/AGENDA MAPS\Virginia Beach Blvd/Virginia Beach Blvd Easbound-Riddle Ave to First Colonial Rd\Riddle Ave mxd Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100401 'Title:Street Reconstruction II 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 35,250,000 22,350,000 2,150,000 2,150,000 2,150,000 2,150,000 2,150,008 2,150,088 Description and Scope This program provides funding for the reconstruction of existing roadways.Reconstruction involves the replacement of the existing pavement structure and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual program includes reconstruction projects funded with Virginia Department of Transportation's(VDOT)State of Good Repair(SGR)/Primary Extension Program resources.Local contributions that must be borne by the locality to use Commonwealth or federal pass through funds may come from this project.This work may additionally include replacement of curb and gutter systems when needed for pavement performance and associated sidewalk replacement.Street Reconstruction is an eligible expenditure for VDOT maintenance funds. Purpose and Need More than half of all the pavement in the City is over 20 years old.Even with optimum maintenance,eventually it reaches the point where maintenance is no longer practical or cost effective.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations. History and Current Status This program first appeared in the FY 2013-14 CIP:It is a continuation of project Street Reconstruction I,which first appeared in the FY 2000-01 CIP.On August 20,2019,Council accepted and appropriated$1 million in State of Good Repair Program funds to this project and on November 16,2021,Council accepted and appropriated$1.5 million. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/13-06/28 6,450,000 Site Acquisition 07/13-06/28 2,150,000 Construction 07/13-06/28 26,650,000 Total Budgetary Cost Estimate: 35,250,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,250,000 Federal Contribution 3,000,000 State Contribution 2,000,000 Total Funding: 35,250,000 FY 2022-23 to FY 2027-28 79 Capital Improvement Program S y�,,ftCj Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $650,000 to Capital Project #100537, "Dam Neck Road/Holland Road Intersection Improvements" MEETING DATE: September 19, 2023 • Background: The Infrastructure Investment and Jobs Act, otherwise known as the Bipartisan Infrastructure Law, authorized a new transportation grant program called the Carbon Reduction Program (CRP). The purpose of the CRP is to reduce transportation emissions through the development of State carbon reduction strategies and by funding projects designed to reduce transportation emissions. Projects must be identified in the Statewide Transportation Improvement Program / Transportation Improvement Program and be consistent with the Long-Range Statewide Transportation Plan and the Metropolitan Transportation Plan. Eligible projects include certain types of projects to improve traffic flow that are eligible under the Congestion Mitigation and Air Quality (CMAQ) program, and that do not involve construction of new capacity. The Hampton Roads Transportation Planning Organization (HRTPO) Transportation Programming Subcommittee recommended to allocate FY22-23 CRP funding to current CMAQ projects with funding shortfalls. The City requested, and HRTPO approved, $650,000 in CRP funds for the Dam Neck Road & Holland Road Intersection Improvement project (Project #100537). Similar to CMAQ, CRP funds are only available on a reimbursement basis with an 80% / 20% split between federal and state funds, with no required local match. The Dam Neck Road & Holland Road Intersection Improvements project includes the addition of a second left turn lane from westbound Dam Neck Road to southbound Holland Road. The improved geometry will also require reconstruction of the existing refuge island on the northeast corner of the intersection. The project also will include stormwater improvements, utility relocation, and modifications to the existing pedestrian facilities. The $650,000 in CRP funding covers unforeseen additional stormwater infrastructure work required to properly address drainage improvements for the project. Modifications are required to several existing drainage structures as well as a large diameter pipe in the vicinity of the intersection. ■ Considerations: The $650,000 in CRP funds will help cover unforeseen additional costs associated with stormwater infrastructure in Project #100537. No local match is required. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance; Capital Project Detail Sheet; Location Map Recommended Action: Approval. Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $650,000 TO CAPITAL PROJECT #100537, "DAM 3 NECK ROAD/HOLLAND ROAD INTERSECTION 4 IMPROVEMENTS" 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $650,000 from the Carbon Reduction Program is hereby accepted and 10 appropriated, with revenues increased accordingly, to Capital Project #100537, "Dam 11 Neck Road/Holland Road Intersection Improvements," for stormwater infrastructure 12 improvements. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management ervices C ttorney's ffice CA16294 R-1 September 6, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100537 (Title:Dam Neck Road/Holland Road Intersection Improvements !Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion 'istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 2,821,500 430,000 1,760,000 320,250 - 311,250 Description and Scope VDOT UPC#110802. This project is for the addition of a second left turn lane from westbound Dam Neck Road to southbound Holland Road.The improved geometry will also require reconstruction of the existing refuge island on the northeast corner of the intersection.The project will also include stormwater improvements,possible utility relocation,and modifications to the existing pedestrian facilities. Purpose and Need The intersection of Dam Neck Road and Holland Road currently carries 66,000 vehicles per day and operates overall at a Level of Service D.The westbound left(WBL)traffic flow on Dam Neck Road would improve from the current Level of Service E to D with the additional turn lane.Also,because the additional lane allows more vehicles to traverse the intersection in the same time,extra green time is available for the eastbound through(EBT) movement,improving its Level of Service from D to C.Lastly,the completed"Holland Road Phase VI"project widened the existing two-lane roadway to a four-lane divided highway and provided the necessary southbound receiving lane needed for the additional westbound left turn lane. History and Current Status This project first appeared in the FY 2018-19 CIP.This project is primarily funded with Congestion Mitigation and Air Quality(CMAQ)funding.In May 2021,the Hampton Roads Transportation Planning Organization assigned surplus CMAQ funds from prior projects to this project,which reduced the amount the project will receive in FY 2022-23,but allowed for the initiation of project design.An increase in the total project cost will result in local funds being necessary to complete the project in the programmed years of the CIP. Operating Budget Impact Comments Based on FY20-21 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - 12,006 12,246 Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 01/23-11/25 240,000 Site Acquisition 02/25-02/26 175,000 Private Utility Adjustments 02/26-01/27 160,000 Construction 12/26-05/28 1,920,000 Contingencies 01/23-06/28 326,500 Total Budgetary Cost Estimate: 2,821,500 ,100537 A Means of Financing Funding Subclass Amount `; Local Funding 361,250 Federal Contribution 2,008,200 State Contribution 452,050 Total Funding: 2,821,500 FY 2023-24 to FY 2028-29 37 Capital Improvement Program N () N \_) I \\\S''''' 111111 411 ,, r '�o ,;1 SITE �� ;t' S FP lir `'OAT D NM ° ..i, � (,), c. s ss9 �Q �tiF Isop,„ R0 • do NIMMO PW p a : 4, .7, O c .qR0q� I( 40,00p°.°V. . t... / pro. ILi .. '' r ,,,... liti° , /./•,,i': ' '-- ----- > 4e)* V/%J% fW '''' \ e olor,��s. o.� ° ♦4 0 a (144.gie.#. . 244 % , \\ 61V t4��r.�� m: ' 0 6A#4P c), CO 0 wo4a . to ' I*, ,i,f . 0 (rit.'444v•,.. NAS4 0 ;;;;.#4 pct::1----:.7 0 '��, �° LOCATION MAP DAM NECK ROAD AT HOLLAND ROAD Legend INTERSECTION IMPROVEMENTS Dam Neck Rd Intersection Improvements CIP 100537 I City Properties k 600 300 0 600 Feet R, Prepared by P.W/Eng./Eng.Support Services Bureau 08/01/2023 X:ICADDIProjects/ARC Files\CIP Maps\Dam Neck Rd at Holland Rd\Dam Neck Rd at Holland Rd.mxd HU g CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Purchase of Equipment for Police Marine Patrol Unit MEETING DATE: September 19, 2023 • Background: The U.S. Department of Homeland Security, Federal Emergency Management Agency has awarded the Police Department $327,820 in federal funding under the FY23 Port Security Grant Program. The purpose of the grant is to enhance port safety and security. To be eligible for these funding, agencies must be members of an Area Maritime Security Committee and be required to provide port security services. The Police Department is the primary regional responder and is the only local agency to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay. This grant will provide a replacement of a decommissioned Marine Patrol vessel and an upgrade to the electronics package on another Marine Patrol Vessel. • Considerations: The grant provides $327,820 of federal funding and requires a $109,273 local match. The match will be funded through the Police Department's Operating Budget. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR THE PURCHASE 3 OF EQUIPMENT FOR POLICE MARINE PATROL UNIT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1. $327,820 is hereby accepted from the United States Department of 8 Homeland Security and appropriated, with federal revenues increased 9 accordingly, to the FY 2023-24 Operating Budget of the Police Department 10 for the purchase of a replacement marine patrol vessel and electronics 11 upgrade to a separate marine patrol vessel. 12 13 2. $109,273 is hereby transferred within the FY 2023-24 Operating Budget of 14 the Police Department to provide the required local grant match. 15 16 3. The equipment purchased with these grant funds is not guaranteed to be 17 replaced by the City of Virginia Beach. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4‘vt-ert -Au-d00031 ----- Budget & Management Services City-Aftorney's Office CA16295 R-1 September 7, 2023 I i, 1 1rc ` �a 1 ql- mot.^ ,,,M CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enhanced Enforcement of Speed Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 19, 2023 • Background: Since the 1990s, the Virginia Department of Motor Vehicles has awarded grants to the Virginia Beach Police Department for highway safety and enhanced enforcement of traffic laws. Among these grants is an award to ensure motorists are not speeding in the city. The Speed Enforcement grant will be active from October 1, 2023, through September 30, 2024. Officers will use the funding for overtime needed for speed enforcement. • Considerations: The grant provides $98,630 in federal pass-through funding from the DMV. This funding consists of$63,000 for officer overtime, $11,580 for four lidar units, and $24,050 for ten radar units. This grant requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match with existing resources. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: oth9e 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENHANCED ENFORCEMENT OF SPEED 3 LAWS AND TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1 . $98,630 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2023- 11 24 Operating Budget of the Police Department for overtime and equipment expenses 12 related to speed enforcement. 13 14 2. The local grant match provided from in-kind resources within the Police 15 Department equal to 50% of the federal funds is hereby authorized. 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: udget and Management Services Ci y Attc rney's Office CA16298 R-1 September 7, 2023 4\ 0�Nwec'ky4, ii CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 19, 2023 • Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1 , 2023, through September 30, 2024. Officers will use the funding for overtime and equipment needed for DUI enforcement and for two officers to attend annual training. • Considerations: The grant provides $67,450 in federal pass-through funding from the DMV. This funding consists of $45,000 for officer overtime, $12,250 for check point equipment, $8,600 for twenty preliminary breath test units, and $1,600 for DMV- approved training. The grant requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:720 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $67,450 is hereby accepted from the U.S. Department of Transportation 9 National Highway Traffic Safety Administration via the Virginia Department of Motor 10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2023- 11 2024 Police Department Operating Budget for overtime, training, and equipment 12 expenses related to DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department 15 equal to 50% of the federal funds is hereby authorized. 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: LAC Budget and Management ervices City- orney's Office CA16297 R-1 September 7, 2023 [ ,,,--,1,13,5,.., 41V, -- 4,z7 'r,,•s°; tktro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Virginia Beach Volunteer Rescue Squad, Inc., for the Purchase of Two New Ambulances MEETING DATE: September 19, 2023 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide field equipment, emergency response apparatus, and substantial staffing to the community. The volunteer rescue squads own all the 911 response ambulances in the City of Virginia Beach. They do not charge patients for the treatment and/or transportation rendered. The volunteer rescue squads' primary sources of revenue are fundraising activities that they conduct themselves. Depending on the availability of funds, the City provides material support to the rescue squads, including: specialized equipment; buildings to house and support response apparatus and personnel; electricity; property and liability insurance; fuel; staff and budget for volunteer EMS recruitment and retention programs; initial and continued training and education; response staff augmentation; shift supervision; and infection control services. In addition, the FY 2023-24 Operating Budget provided a $775,000 grant to the Rescue Council to be allocated to individual squads. The City has historically provided short term, no-interest loans to its volunteer rescue squads. The majority of these loans have been to provide capital for the acquisition of replacement ambulances. This agenda item is to provide a loan requested by the Virginia Beach Volunteer Rescue Squad, Inc. The squad requests a five-year, interest-free loan of$599,000 from the City to replace two ambulances that have been recommended for replacement by City Garage. • Considerations: This agenda request includes a letter from the Virginia Beach Volunteer Rescue Squad, Inc. requesting the City to provide this loan. If approved by Council, the loan amount would be $599,000, payable in 5 annual payments of$119,800 each, with the first payment due on or before November 15, 2024. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier and delay the purchase of the apparatus. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement; Promissory Note; Loan Agreement; Letter from the Rescue Squad Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD, INC., FOR THE 4 PURCHASE OF TWO NEW AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc., has requested an 7 interest-free loan of $599,000 to purchase two replacement ambulances with required 8 equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1 . That $599,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Virginia Beach Volunteer Rescue 15 Squad, Inc., for the purchase of two replacement ambulances; and 16 17 2. That this loan is to be repaid by the Virginia Beach Volunteer Rescue 18 Squad, Inc., over five (5) years, pursuant to the terms of the attached 19 agreement and promissory note. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services City-Aff6rn y's&lice CA16299 R-2 September 13, 2023 Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc. a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNES SETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee,in support of the vehicle(s)through the CITY's Division of Automotive Services, so long as the vehicle(s)remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date,and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s),the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $599,000.00 Virginia Beach, Virginia September , 2023 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FIVE HUNDRED NINETY-NINE THOUSAND DOLLARS AND ZERO CENTS ($599,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before November 15, 2024 - $119,800.00 On or before November 15, 2025 - $119,800.00 On or before November 15, 2026 - $119,800.00 On or before November 15, 2027 - $119,800.00 On or before November 15, 2028 - $119,800.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad, Inc. (SEAL) Title: 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: I. I u /ICJ � r Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of tax returns U iS Financial Services (include bank 7NU institutions, lending institutions, 0(it)I and current mortgage holders as applicable) 01 trI 1` '' r1C,dk Legal Services _ sSt:(d 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 ac ' _ upon this Aeatio�,' APPLICANT' GNATURE 9/30/ ,23 AICA,4\41VUO ( t :i, �, PRINT NAME DATE (\c% A :In %111111.4)cvE -tUUNTEE ' EST. 1952 Tax ID Number:54-6047133 August 29, 2023 Chief Jason Stroud Virginia Beach Department of EMS 4160 Virginia Beach Blvd. Virginia Beach, VA 23452 Dear Chief Stroud, The Virginia Beach Volunteer Rescue Squad, Inc ("VBVRS") is in the process of purchasing two ambulances for delivery in the fall of 2023 at a cost of$299,910 each. These will be replacing two units, 1420 and 1421, both of which were manufactured in 2004-05 and have been recommended for replacement by the City Garage. We respectfully request a $599,000, 5-year interest-free loan in order to fund both ambulances. The ability to use the proceeds of a loan is important as it will avoid an immediate full-cost draw- down of the investments of both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's endowment that fund the Foundation's city-wide recruitment program as well as the annual grant awards to other rescue squads, Marine Rescue Team and the SAR/Bike team. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines. We intend to continue our prudent replacement program over the coming years in order to keep our fleet up to date and provide the City with first class assets and service. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, Matt Chiaradia Chief, VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD. /VIRGINIA BEACH, VIRGINIA 23451 / PHONE 757-437-4830/ FAX 757-437-0422 www.vbvrs.org RESCUE iVi i ySt"," ci• tit rs4q CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $587,676 to the Clerk of the Circuit Court's FY 2023-24 Operating Budget for Technology Related Expenses MEETING DATE: September 19, 2023 • Background: The Code of Virginia establishes a $5 Technology Trust Fund Fee imposed on instruments recorded in the deed book. Four dollars of every $5 fee is placed in a trust fund to implement automation plans to modernize land records and update other office automation and information technology equipment in the Office of the Clerk of the Circuit Court. The State Compensation Board provides these funds to the City, and the City appropriates the funds to the Office of the Clerk of the Circuit Court. The FY 2023-24 request is for $587,676. This funding will support the Clerk's vendors for annual software maintenance, including the land records system, the Court's e-filing system, the concealed carry electronic application system, the Supreme Court of Virginia's case management software, the Supreme Court of Virginia's case imaging software, and the Supreme Court of Virginia's video docketing software. This funding also supports the purchase of any additional hardware and servers that may be needed for the Clerk's Office. • Considerations: This appropriation enables the Circuit Court Clerk's Office to be self-sufficient with regard to technology expenditures using the trust fund. There is no request for General Fund dollars. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager:'Q 1 AN ORDINANCE TO APPROPRIATE $587,676 TO THE 2 CLERK OF THE CIRCUIT COURT'S FY 2023-24 OPERATING 3 BUDGET FOR TECHNOLOGY RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $587,676 from the Technology Trust Fund is hereby appropriated, with revenues 9 increased accordingly, to the FY 2023-24 Operating Budget of the Clerk of the Circuit Court 10 to support technological related needs and upgrades. 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 members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit orn y's Office CA16292 R-1 September 6, 2023 fr(4y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds for the Recruitment of Sworn Personnel MEETING DATE: September 19, 2023 • Background: The General Assembly provided funding to local police departments for "attracting and retaining the most qualified local police department sworn personnel and support the costs associated with criminal justice reform." Allocations to each local police department are based on the number of sworn officers in each locality relative to the total number of sworn officers throughout the Commonwealth. When the funds were received in January of 2021, $450,000 was appropriated for several projects related to recruiting and retaining qualified personnel. There remains a balance, $20,267, that the Police Department would like to put toward its digital marketing campaign, specifically social media advertisements, targeted e-mail distribution, website advertisements and re-targeted ad pushes. • Considerations: After the previous allocations of funding provided by the General Assembly, $20,267 remains. The Police Department believes the proposed use of funds is the most efficacious approach to recruitment of sworn personnel. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ?FP 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR THE 2 RECRUITMENT OF SWORN PERSONNEL 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $20,267 is hereby appropriated, with miscellaneous revenue increased 8 accordingly, to the FY 2023-24 Operating Budget of the Police Department for social 9 media advertisements, targeted media e-mail distribution, website advertisements, and 10 retargeted ad pushes with the goal of recruitment of sworn personnel. 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: Lt. Budget and"Management Services Ci n s O e CA16293 R-1 September 7, 2023 fc s CITY OF VIRGINIA BEACH AGENDA ITEM ..) ITEM: A Resolution Approving the Modification of a Construction Contract for Lake Pleasure House Outfall MEETING DATE: September 19, 2023 • Background: In April 2022, the City executed a contract with Conquest USA, Inc. to provide construction services for the modifications of the Lake Pleasure House Outfall stormwater pump station. The relevant Capital Project is #100229.002, "Lake Pleasure House Outfall." Unforeseen conditions were encountered after work began. These conditions include required replacement and upgrades to the existing stormwater pump station control panel, replacement of the existing antenna, and additional time for stormwater pump bypass equipment due to material delays. As a result, the contract requires modifications that exceed 25% of the original contract to restore connection to the Supervisory Control and Data Acquisition (SCADA) network, incorporate additional sensors to manage the lake level, and compensate the contractor for additional pumping equipment time due to these unforeseen conditions. • Considerations: The additional construction required to accomplish the scope of this project will increase the contract price by 34% percent over the original fixed- price contract amount of $944,570.00. The Virginia Public Procurement Act requires City Council approval of changes to contracts that exceed $50,000 or 25% of the original contract price. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: #12 1 A RESOLUTION APPROVING THE MODIFICATION 2 OF A CONSTRUCTION CONTRACT FOR LAKE 3 PLEASURE HOUSE OUTFALL 4 5 WHEREAS, in April 2022, the City executed a contract with Conquest USA, Inc. 6 to provide construction services for the modifications to the Lake Pleasure House 7 Outfall stormwater pump station as part of the execution of Capital Project 8 #100229.002, "Lake Pleasure House Outfall;" 9 10 WHEREAS, due to unforeseen site conditions and the need to modify the 11 existing stormwater pump station control panel, the contract requires modifications that 12 exceed 25% of the original contract; 13 14 WHEREAS, the additional construction required to accomplish the scope of this 15 project will increase the contract price by 34% over the original fixed-price contract 16 amount of$944,570; and 17 18 WHEREAS, the Virginia Public Procurement Act requires City Council approval 19 of changes to contracts that exceed $50,000 or 25% of the original contract price, 20 whichever is greater. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA THAT: 24 25 The City Council hereby approves the modification of the aforementioned 26 construction contract with Conquest USA, Inc. with a revised contract price of 27 $1 ,266,570. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department cf Public Works r y s ice CA16290 R-2 September 11, 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: Conquest USA, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) El Accounting and/or prepared of Sullivan, Andrews, Taylor your tax return Financial Services (include Southern Bank/NFCU EI lending/banking institutions and current mortgage holders as applicable) Reaves Coley PLLC n Legal Services ■` 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 understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Sohn L. Murrell 08/30/2023 LICANT'S SI /NAT PRINT NAME DATE L. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and a parcel between 2307 &2309 Millwood Road DISTRICT 8 RECOMMENDATION: DENIAL APPLICANT REQUESTS DEFERRAL TO OCTOBER 17,2023 2. BURNETTE BAUM DEVELOPMENT CORPORATION for a Conditional Use Permit re car wash facility at 6213 Indian River Road DISTRICT 1 RECOMMENDATION: APPROVAL 3. KIDS ADVENTURE/SIKIRU ADEDOYIN for a Conditional Use Permit re family day-care home at 5408 Larissa Court DISTRICT 1 RECOMMENDATION: APPROVAL 4. SPEEDGEARZ, LLC/ COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 (Deferred from September 5, 2023) RECOMMENDATION: APPROVAL 5. LONDON BRIDGE DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 (Deferred from September 5, 2023) RECOMMENDATION: APPROVAL 6. FRANCES ROBBINS-OMAN/ FRANCES ROBBINS-OMAN AND KYLE OMAN for a Conditional Use Permit re short term rental at 907 Pacific Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 7. JIM LUTZ/ LULU 1 LLC for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit A & 915 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL 8. ASCENSIONS GROUP,LLC/AG THE WAVE,LLC for a Conditional Use Permit re short term rental at 400 22nd Street&2106 Arctic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 9. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at t 505 20th 1/2 Street DISTRICT 6 (Deferred from August 15, 2023) RECOMMENDATION: APPROVAL 10. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20th 1/2 Street DISTRICT 6 (Deferred from August 15,2023) RECOMMENDATION: APPROVAL „pri:,..-N, .,,,,,,,.,..,,,.. .,„ ,,,,,„_.,,,fi ,.....,...., NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,September 19,2023 at 6:00 p.m.In the Council Chamber at City Hall,2^a 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.virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at httbsi/vbeov.webex.com/weblink/register/r019eba5e39ed3 pe14f85850117a2a456 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 19,2023. The following requests are scheduled to be heard: Wycliffe Presbyterian Church (Applicant & Property Owner) Modification of Conditions(Religious Use)Addresses: 1445 North Great Neck Road,2307 Millwood Road, parcel between 2307 & 2309 Millwood Road GPIN(s): 2408098544, 2408098375, 2408191128 Ctty Council:District 8 Burnette Baum Development Corporation(Applicant)Virginia Beach Investment Company(Property Owner)Conditional Use Permit(Car Wash Facility) Address: 6213 Indian River Road GPIN(s): 1456336782 City Council:District 1 Kids Adventure (Applicant) Sikiru Adedoyin (Property Owner) Conditional Use Permit (Family Day-Care Home) Address: 5408 Larissa Court GPIN(s):1466201213 City Council:District 1 Frances Robbins-Oman(Applicant)Frances Robbins-Oman&Kyle R. Oman(Property Owners)Conditional Use Permit(Short Term Rental) Address: 907 Pacific Avenue GPIN(s): 24272444111000 City Council:District 5 Jim Lutz(Applicant) Lulu 1, LLC(Property Owner)Conditional Use Permits(Short Term Rentals)Addresses:921 Pacific Avenue,Unit A & 915 Pacific Avenue, Unit B GPIN(s): 24272444111125 & 24272444111070 Ctty Council:District 5 Ascensions Group, LLC (Applicant) AG The Wave, LLC (Property Owner)Conditional Use Permits(Short Term Rentals)Addresses:400 22nd Street,2106 Arctic Avenue GPIN(s):2427085567 City Council: District 6 Nicholas luliano(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 505 20th 2/2 Street GPIN(s): 24270709520002 City Council:District 6 Jamie George(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 507 20th 1 Street GPIN(s): 24270709130002 Cigr 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.virginiabeach.gov/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 757-3854303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at https://cierk.virginiabeach.gov/city- council for the most updated meeting Information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 5&12,2023-1 TIME EACH \\.--- \\\;. Ss' \'. . til.:<3. --9.''',, / \\ Rib -41,47'\, ,,kC'vs 17 ',---\.) \ /7,:\t, -- eo i-c3 \\.>--' \, \ ,---: , •, \0\> _GOO-, 0, 9-7\, .,--<\1 ,Gx RIO <-\, \ \ z 0C). \ \ 4, - ic,,,,>, ,,,,,- 0 R-iiii3.\\ \>/o < � Y- `try \ �/''�. c), Y /,z,-//: \\\\'' , co - A '.0 R1- ` , / t z\->" /7) <4. - ce 1-... /[n\ % 0 3 ( 7,-..,6,c ), 7---, \ .( . ,„,, .„, a 4ri \, Aigh __ _<>— - .1;\,0 \\N, .. 4i. 7 \‹) iii_ „.- , \ \</?',\ ri / , , _.- :4 Z r r 1 Y \\\ OCR2 ■ D /l40 \l. � I ii2�\/ f / 1 , . , l �l _ Q 1 r-I-LilIrf,,,n Ii i ____±__________Ji D / ' \‘' \ ' \ ,, ,,,,,, _,, _ 0 : ,-'' '" ; , [1] 1 ..41 c_ , i Y\/- c '''''' -13;1 ,, \ Oe„ .0 -- g „ fr \ < I \ ,pQ 0 -------1 / 6 rli' i .' , 0,14‘. _,,-- i C_1 fl s 0 r -- a C' -_ 3 \ Ei d ° \ V _ 6'- / ./ a s6 \) i /6/77i /// site Wycliffe Presbyterian Church ;,� Property Polygons 1445 North Great Neck Road, 2307 Millwood Road, parcel - `� Q Zoning between 2307 & 2309 Millwood Road Building Feet 0 40 80 160 240 320 400 480 S ,B SYKES, POURDON, A L AII1RN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. N SUITE 500 R EDWARD OU DON ER JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 MARK R GARRETT MOLLY R KISER Email:amccorkleCebs kesbourdon.com KIRK B. LEVY }� MICHAEL J. LEVY' September 13, 2023 HOWARD R. SYKES. JR p DAVID M. ZOBEL 'Admitted in Virginia and Washington DC Via Email and Hand Delivery The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Request to Defer-Wycliffe Presbyterian Church Application for a Modification to its 1966 Use Permit for Church as previously modified in 2000 to reflect the actual use by the Church of 4.132 acres of its property for a Religious Use and to permit the Church to convey its excess property to a third party contract purchaser; Currently scheduled for your September 19, 2023 Public Hearing Dear Honorable Mayor Dyer,Vice Mayor Wilson and Members of City Council: As requested by District Council representative Chris Taylor to permit additional time for City Council to review and receive additional input with respect to the subject property,Wycliffe Presbyterian Church requests that the pending application as referenced above, be deferred from Council's September 19, 2023 Agenda to City Council's October 17, 2023 Public Hearing Agenda. We will put out the word and expect members of Council and City staff to assist in letting the interested residents know that this application will be deferred on Tuesday evening. With best regards, I am Verytruly ours, R. dward Bourdon,Jr. REBjr/arhm cc: Rev.Dr.Garrett Bugg Trustees of Wycliffe Presbyterian Church Mark Stiles,City Attorney B.Kay Wilson,Deputy City Attorney Kathy Warren,Interim Director,Department of Planning&Community Development H:\AM\"'Mod of Conditions\"Wycliffe Presbyterian\Dyer_Ltr 9-13-2023.docx (V "cj ly``Kyg7 CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: WYCLIFFE PRESBYTERIAN CHURCH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 1445 North Great Neck Road, 2307 Millwood Road, & parcel between 2307 & 2309 Millwood Road (GPINs 2408098544, 2408098375, 2408191128 ). COUNCIL DISTRICT 8 MEETING DATE: September 19, 2023 • Background: The applicant is requesting to modify the conditions of a Conditional Use Permit for a Religious Use approved by the City Council in 1966. Previous modifications for a childcare education center and a church building addition were approved in 1988 and 2000. A separate Conditional Use Permit for a Pump Station was approved for the property in 1973. The applicant is seeking to sell an approximately 3.88-acre portion of the property that is not needed for church use. With the removal of the 3.88-acre portion, a modification to the Conditional Use Permit is required to remove the use from the portion of the property to be sold. The church will retain approximately 4.13-acres of land for the existing church facilities and parking. The 4.13-acre portion to remain exceeds the minimum three-acre lot area requirement for religious uses, as identified in Section 240.1 of the Zoning Ordinance. • Considerations: The request to remove 3.88 acres from the previously approved Conditional Use Permit is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. In Staffs view, the request is acceptable; however, the Planning Commission voted to recommend denial of the application. There were 18 speakers in attendance at the Planning Commission public hearing, all of whom opposed the request. The speakers raised concerns specifically related to the potential future by-right development on the 3.88-acre portion of the property to be sold. The concerns raised were related to the filling of wetlands on the property, potential flooding that could occur from the proposed by-right development, and the potential negative impact to wildlife on the property. Staff received 36 letters of opposition and two letters of concern. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Wycliffe Presbyterian Church Page 2 of 2 • Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 4. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966 and October 15, 1973, as well as the Modification of Condition approvals of December 19, 1988 and December 12, 2000 shall remain in effect and Condition 2, as indicated below, shall be added. 2. 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 the recordation, which shall be in substantial conformance to the submitted resubdivision plat entitled "RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCEL B-2-A (INSTRUMENT # 20141218001186080) (D.B. 1355 PG.661) AND LOT 1, BLOCK B GREAT NECK ESTATES, SECTION ONE (M.B.43 PG.28) (D.B. 1826 PG 516) VIRGINIA BEACH, VIRGINIA FEBRUARY 03, 2023," dated 02/03/2023, prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Concern (2) Letter(s) of Opposition (36) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department. , 1,-) City Manager: p Applicant& Property Owner Wycliffe Presbyterian Church Agenda Item Planning Commission Public Hearing August 9, 2023 City Council District 8 6 City n( Virginia Beach Request Modification of Conditions (Religious Use) Staff Recommendation , Approval < ti ! 11 Staff Planner Marchelle Coleman Location 1445 North Great Neck Road, 2307 Millwood Road, parcel between 2307 &2309 Millwood ` 2 Roadill i GPINs 2408098544,2408098375,2408191128 KE54* Site Size F It 8.01 acres .10 i AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ; ,,,,,,....0..: • , �,.-!` , '` Religious use/R-10 Residential x of 4 : �•;4.t. . •,•�z, �- Mks►; pr'4 v�,`ai i Surrounding Land Uses and Zoning Districts v�: ' yF V. ‘; ^ , , North -.`�x e►' , 1 1' ; its " A' Alt N. Great Neck Road , .4.• �" m ' \�' • - •Undeveloped lots, restaurant, office/R-10 :'' �,.. ' F' t ' "Nit , ,� Residential, B-2 Community Business District r_' " .—';4 1`.', i.;�,IL South �' •,W t4 ,, �',, `' e Single-family dwellings/R-20 Residential ` . ;r .- '� y , E `"•� East '.y ", ` '` Office, single-family dwellings/B-2 Community , f Business, R-10 Residential ` •` �` �`�• West 4% \k- y A • �� Single-family dwellings R-10 Residential `� / h_a.., : _.,i.. . Wycliffe Presbyterian Church Agenda Item 6 Page 1 Background & Summary of Proposal • Wycliffe Presbyterian Church has existed on these R-10 Residential zoned parcels since the 1960s.A Conditional Use Permit for a religious use was granted by the City Council on August 3, 1966 and a separate Conditional Use Permit was approved for a Pump Station on a 0.045 acre portion of the property on October 15, 1973. Subsequently in 1988 and 2000, the City Council approved a childcare education center and a church addition. • The applicant intends to sell an approximately 3.88 acre portion of the property that has not been used for any religious purpose for decades,thus necessitating the Modification of Conditions. • With the removal of approximately 3.88 acres,approximately 4.13 acres of land, including the church facilities and parking,will remain under the church's ownership. The 4.13 acres remaining with the church exceeds the required three-acre lot area requirement for religious uses,as identified in Section 240.1 of the Zoning Ordinance. O \ � 1 API \\ �/ �� - 'Q � Zoning History / p \ R �� # Request 4 ! • 1 SVR(Lot Width Reduction)Approved 10/05/2021 ro/ CUP(Vocational School)Approved 10/05/2021 2 CUP(Tattoo Parlor)Approved 01/21/2020 1 BL i 3 MDC(Church Addition)Approved 12/12/2000 o MDC(Child Care Education Center)Approved err 12/19/1988 `' < CUP(Pump Station)Approved 10/15/1973 •\Ittiez\l'o, CUP Church Approved1966 Rzo (Church) 08 03/ / 4 CUP(Automobile Repair Garage)Approved 06/09/1992 •^n 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 request for a Modification of Conditions to remove approximately 3.88-acres from the previously approved Conditional Use Permits, in Staff's Opinion, is acceptable.The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area,as the existing church complements the existing uses in the area and provides much needed services to the surrounding community. Staff does not anticipate any negative impacts from a reduction in the property associated with the church as all the required parking will continue to be met on the site, and the church will to continue to operate as it has for the past several decades with the same facilities,access,and parking to accommodate parishioners and guests. Based on these considerations, Staff is recommending approval of this Modification of Conditions request. Wycliffe Presbyterian Church Agenda Item 6 Page 2 Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966 and October 15, 1973,as well as the Modification of Condition approvals of December 19, 1988 and December 12, 2000 shall remain in effect and Condition 2, as indicated below,shall be added. 2. 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 the recordation,which shall be in substantial conformance to the submitted resubdivision plat entitled "RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCCEL B-2- A(INSTRUMENT#20141218001186080) (D.B. 1355 PG.661) AND LOT 1, BLOCK B GREAT NECK ESTATES,SECTION ONE (M.B.43 PG.28) (D.B. 1826 PG 516)VIRGINIA BEACH,VIRGINIA FEBRUARY 03, 2023," dated 02/03/2023, prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Previous Conditions from 1966 CUP 1. Standard site plan requirements. 2. An additional 25-foot dedication for the widening of Great Neck Road. Previous Conditions from 1973 CUP 1. Standard site plan requirements (Engineering). Previous Conditions from 1988 MDC 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. Previous Conditions from 2000 MDC 1. Land disturbance for the addition shall be kept at a minimum. Any removal of existing mature trees shall be replaced at a 3:1 ratio.The replacement trees shall be a minimum 2-1/2 inch to 3 inch caliper. 2. The building addition shall be constructed substantially in accordance with the submitted elevation titled "WYCLIFFE PRESBYTERIAN CHURCH,Virginia Beach,VA.", dated 22 August 2000, prepared by Tymoss& Moss Architects,that is on file in the City of Virginia Beach Planning Department. Wycliffe Presbyterian Church Agenda Item 6 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity, and relationship to the surrounding uses.The proposal to subdivide the parcel would not create any conflicts with the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name:. Present Volume Present Capacity; Generated Traffic_ N.Great Neck Road 38,800 ADT1 55,000 ADT 1(LOS 4"D") Existing Land Use 2-0 ADT Proposed Land Use 3—117 ADT Millwood Road No Data Available 1 Average Daily Trips 2 as defined by a vacant 3.9-acre 3 as defined by a 3.9-acre R-10 4 LOS=Level of Service parcel zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road is a six-lane suburban arterial in the vicinity of this site. N. Great Neck has a variable right-of-way width and the MTP shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road. Millwood Road is a two-lane residential roadway that intersects with N. Great Neck Road at a unsignalized intersection. Public Utility Impacts Water There is an existing 16-inch City water main along N. Great Neck Road and an existing eight-inch city water main along Millwood Road.The parcels are currently connected to City water. Sewer There is an existing eight-inch City sanitary sewer gravity main along N. Great Neck Road.There is an existing 12-inch City sanitary gravity main and an existing eight-inch City sanitary sewer force main along Millwood Road.The parcels are currently connected to City sanitary sewer services. Wycliffe Presbyterian Church Agenda Item 6 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26,2023 and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 5, 2023 and September 12, 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 September 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. 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CT rare fa Fa sA GRAPHIC ar-aI F ccrrAcr VIRGINIA BEACH,VIRGINIA > o 63 1ox 160 A' .PEW + FEBRUARY 03,2023 01q CD r 76,213.1503 fp - we I<ERIIEENRD_curry = 07 'T-sD S'02INIAEACN,YAZIC11 SHEET 2 OF 2 Q Ci (D 7 (D n O) Ql = Site Photos . ...:,.„ . ... .. . :•.. • ..,.. „ , . ...-. .,:;..„ ..:.- ,..r . ..,..... ;: „., ... •,. i . . ..... „. • ... -,„....,.. ; -.4, . tskl-'' ''' ''''' '-' -'NOtter4 1, ,....e... . . .1 . 1. WYCLIFFE i, a 44 _,_.,...-,:.t...:.- eep;_i*,.....,4A_,,,,,;,z-..:-,:,-,._,- ,_,,....7_,:.,10.4';,..,-':,',.. .i1;g:&*00i,..,...4.9,t...'s' -'''. ....,,e„y:-5,1T.- ., - ..�' 'vJ' X �:P,l' g.✓S ^t'j'Ww '` G.S.. :• '1:'.., • k.s. • {`y S r. • X h 'var. ....,,,---- '•:4;1616ot.: '''1.1.°14.---144.4 '46: ':- • Wycliffe Presbyterian Church Agenda Item 6 Page 7 Site Photos r �L. ot $ 1,, ( !• Icy • 11111 tr ` w.. «4 i: L ' \ ry v w..-yr Y . '.. Wycliffe Presbyterian Church Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement \43 Cuy of 1'"pirw&uth ,_ 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 Wycliffe Presbyterian Church Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?li Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) David Gangwer&David G.Carney,Co-Trustees • If yes,list the businesses that have a 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. 7"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 Wycliffe Presbyterian Church Agenda Item 6 Page 9 Disclosure Statement Disclosure Statement Illy of Vievinia anxdh Planning&Community , N�~ Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes •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. John Profilet,S.L.Nusbaum Realty Co. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?111 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Bishard Development Corporation Revised 11.09.2020 2 I • Wycliffe Presbyterian Church Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement 114,d vwgi•n&,*, Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or ' to be operated on the property?❑Yes ®No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?I Yes 0 No • If yes,identify the firm and individual providing the service. Mike Gaddy,Gaddy Engineering 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the firm and individual providing the service R.Edward Bourdon,Ir,Esq,Sykes,Bourdon,Ahern&Levu.P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accur ate I understand that. upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA CBPA,Wetlands Board or any public body or committee in connection with this application. Wycliffe Presbyterian Church O By. Applicant Signature Print Name and Title / 1 Cr 1) 2e>23 — — — Date Is the applicant also the owner of the subject property? I Yes 0 No • If yes,you do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two i2)weeks prior to any Pla v ,. mmissl,•, • Council meeting that pertains to the applications • No changes as of Dare 8/29/2023 • `rintNa,, Marchelle L. Coleman Wycliffe Presbyterian Church 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. Wycliffe Presbyterian Church Agenda Item 6 Page 12 Virginia Beach Planning Commission August 9, 2023 Public Meeting Agenda Item # 6 Wycliffe Presbyterian Church RECOMMENDED FOR DENIAL Madam Clerk: Agenda item number six is for Wycliffe Presbyterian Church. It's an application for modification of conditions for religious use at 1445 Great Neck Road, 2307 Millwood Road, and the parcel between 2307 and 2309 Millwood Road in District eight. Mr. Alcaraz: Thank you for waiting. Mr. Bourdon: Oh, not a problem. Mr. Chairman, members of the commission. For the record, Eddie Bourdon, Virginia Beach Attorney, I'm coming before the commission this afternoon representing Wycliffe Presbyterian Church. I wanna start by saying this is not a request for a zoning change. It is a request to remove from a use permit, granted 57 years ago, a 3.88-acre parcel, which is not, and has not been used for a religious use leaving the church and its facilities, buildings, parking, access etc. On 4.1 acres, the southern parcel containing 4.1 acres of land of their over eight-acre combination of parcels. As your professional staff has reported to you, Wycliffe Presbyterian applied for, and was approved for the use permit in August of 1966, three years after the City of Virginia Beach was formed. And given that they owned three contiguous parcels at that time, containing, you know, approximately eight and a quarter acre at that time, they included all three parcels in their use permit request in 1966. At that time, the properties were zoned R-3 or R-4, residential, and they are now zoned R-10 residential all of the property the church owns. Just like the properties which, abut the northern portion of their property that are also zoned R-10 and developed with houses under that zoning district. The original 1966 use permit approval did not contain any condition which restricted or applied any development conditions, landscaping, et cetera, or restrictions of any kind applicable to the two northernmost of the three properties that were included in the application. The years later, as staff has reported, the church obtained modifications to their use permit or amendments to their use permits as described in the report. Again, no limitations nor conditions were imposed on the use of the Northern properties owned by the church that are the subject of this request, that they simply be deleted from the use permit. I will note and correct slightly what Ms. Coleman told you all this morning regarding a 1973 acquisition by the City of Virginia Beach from the church of a portion of the Northern property along Millwood Road for a pump station. The city acquired that property from the church. The city did not require the church to modify its use permit that has never occurred and then later after having acquired it, as required at the time, the city applied for a conditional use permit to put a pump station on the site that they had acquired from the church and that's no longer a requirement, but that's how that sequence occurred. There was no modification required of the church in order for that to take place. There is a building on the Northern parcel, which we are asking to be removed from the use permit that building has for up until two or three years ago, been used for about a quarter of a century as an occupied by the Virginia Beach Health Department's infant STEM program, which the church essentially gave them the right no rent, no reimbursement of costs, et cetera. The right to use that property, $1 a year lease. The building, which back in the 90s was kind of, you know, upgraded a little bit by a bunch of volunteers, as I understand it, including members of the church. The building has deteriorated its condition because the church can't afford to maintain it. They weren't getting any rent. The city agency didn't maintain it and the church went to the city 2-3 years ago and asked if the city one would assist in renovating that building on residential property use for an office use or two, agree to pay rent and maintain the property if the church invested money to fix up the building, or three, if the city would buy the property. The city declined all three opportunities. The church then asked the city, went to the planning department, and asked the city if the church could rezone that northern property that they're not using for the church to office and allow it to be sold at for a medical office or some other use similar to what has occurred on the property for decades. Again, they were told no by the planning department because the comp plan clearly says that they don't want the commercial node that is there near Mill Darn between Mill Dam [Inaudible] [58:35] on Great Neck to be expanded northward into the further than it are and that's a valid point, I'm not saying this to criticize that, but that is what the church again was told. This 3.9 acres is clearly excess property owned by and has not been used for religious purpose. The church's [Inaudible] [59:00] is confined to 4.1 acres on the southern parcel of the property, which exceeds the,antiquated three-acre minimum parcel size for a church as contained in our zoning ordinance for 50 plus years. And I would say that it's clearly true that far, far less than half of the churches in Virginia Beach actually have three acres of land. As the church has advised its neighbors, unfortunately, like a lot of churches with aging parishioners, they've lost a lot of, of parishioners and especially those families that were sustaining members of the church. Costs are, you know, gone up for everything. We all know that and frankly, the church cannot continue to afford to maintain all this extra land nor to rehab, or demo this building that's been used as a office which zoning actually doesn't allow and their grounds. It's clearly excess. The church simply asked to be able to sell the excess 3.8 acres retaining the 4.1 acres they are and have used for a religious use since 1967-68. I'm sure you're going to hear from the folks that are here today who many are very well intended that they don't want to see a pond that is located on this excess part of the church's property to be filled. This application has nothing whatsoever to do with the regulatory process of seeking approval to fill this pond. The church is not proposing to fill the pond. Repeat, the church is not proposing to fill the pond. However, it is important to understand that if the church desired to fill the pond, they could go through the same regulatory process that a buyer of this parcel will have to go through and obtain or seek to obtain; they may not obtain it and the purchaser of this property may not obtain it, but they can seek to obtain approval to fill this pond on their property if they wish to do so. And it would not involve this commission at all, at all. The church isn't pursuing that, a buyer that's under contract will pursue that and any buyer I believe will pursue it. The folks that are here in opposition, for the most part, they have every right, and we told them this at the community meeting to participate in that process. The church isn't going to be in that process, but there's a regulatory process that involves the city development services and public works, the state DEQ and the Army Corps of Engineers, and they're welcome to participate in that process. But that is not a process that this planning commission has anything to do with. You wouldn't hear it if the church was pursuing it, which they could pursue, and you won't hear it if the buyer of this property pursues it. But that doesn't mean it's going to be approved. But that is again, not what this is about and there is again, no condition whatsoever on the church's use permit, which involves or requires that the church maintain a pond on its land that does not exist and if it did, then and only then would it be before the purview of the planning commission. So just understand this is not an application to fill the pond and as such an application would not come before the planning commission. It is frankly an unusual process that brings us here today. The City of Virginia Beach's circumstance with the pump station I explained to you, the Virginia Beach Tennis and Racquet Club just up Great Neck Road that I've had the pleasure of representing for many years, Tom Betts prior to me, on Thomas Bishop Lane, they had a bubble, if you all, some of you may remember with tennis courts under it from back in the 70s, I believe, their whole tennis facilities under a conditional use permit for recreational facility, outdoor recreational facility. A number of years ago, I represented them, applied for obtained a modification of that use permit to build a new indoor facility, and it maintained the tennis courts that were under the bubble as tennis courts in a parking lot, again, a part of the use permit. A number of years later, Dr Shiflet and the ownership decided they needed to sell some of that land. I have sown residential for houses on the opposite side of Thomas Bishop Lane, where the bubble had been with the tennis courts in the parking lot for that bubble had existed, once again, went to the Bay Board, but there was no requirement from the city that this private business, if you will have to modify their use permit to eliminate the tennis courts. There are two other applications, one being the dockside or situations, a dockside restaurant on Shore Drive, Vista Circle represented the Athee family for years. Their original use permit for Marina included every bit of their land for a Marina back in the again, mid 60s. A number of years later, they decided to build a restaurant on their property, a by right use, but not anything that was shown on their use permit application or their plans for their use permit. And there was no restriction in that use permit that said they couldn't put another by right use on their property. Casein Barco, Winston Salem Avenue, the oceanfront, the exact same circumstance, got a conditional use permit from the city back in the late 60s for a Marina. He showed a little bait house on the property that's it. A number of years later when he was building everything, economy went tanked. He didn't build a little bait house. He came in and built a restaurant on the property. Once again, a by right use of the property not restricted by the original use permit, but not shown on the original use permit at all. Did he modify his application or required to modify his condition use permit? No, no, it's not. This is an unusual unprecedented, in my view, circumstance that this church is being required to do this in the first place. The opposition, as I've said, is either they don't want the pond to be filled, which as I've said, the church could pursue approval of and doesn't come before this body. And no condition, no condition restricts them from doing that. There isn't one. If there had been a condition said he want you to maintain a pond on the property or we want you to maintain all this landscaping here or there, then we'd be here. But there's no condition on the property that we're seeking to take out of the use permit, and it's not being and has not for decades been used for any religious purpose whatsoever. So, again, no one's here on the far as the church is concerned to, you know, take a shot at the opposition. We had a nice meeting with the folks that came, most of them were very cordial and very nice. A couple of them tried to tell me that the church couldn't even close the church and sell the whole property without getting Planning Commission and City Council to modify their use permit. I politely said that was not accurate but was told I was lying to them. They either that or they don't want houses built on the lots that could be created and will be created on this property. How many, we don't know. It's no more than 12. It might be five or six depends on whether those agencies I've spoken about agreed to allow the pond to be replaced with another type of BMP for that development. So, any development of the 3.88 acres zoned R-10 would not come before you and a rezoning would but at this point, there's no what the indication is that they are not going to seek a rezoning of the property. But if they did or they wanted to seek a subdivision variance of some type, they would come before this body. But their recourse is to all the departments and Corps of Engineers and DEQ that I have cited. So, we've done, the church has done its outreach. The church has met with the neighbors, explained their predicament, explain their circumstances, and this is again, the church is not going to be able to survive maintaining this large piece of property and they got a liability with this building that's in bad shape that the city is used, but no one's maintained, and that's where we are. I will be happy to answer any questions. Mr. Alcaraz: Thank you. We're gonna go ahead and start with the speakers and then we'll call you up for rebuttal. Madam Clerk, did you describe the time limits? Madam Clerk: Yeah, as a reminder, it's 10 minutes for HOA presidents. Mr. Alcaraz: Are the lights working? Madam Clerk: Yes, they're working. Mr. Alcaraz: Thank you. Madam Clerk: Ten minutes if you're representing an HOA and then 3 minutes for everybody else. We're going to start with Ryan Sallie followed by Michelle Conti. Mr. Alcaraz: Afternoon. If you can just state your name. Mr. Sallie: Hi there. How are you doing? My name is Ryan Sallie. I am representing the Great Necks Lakes Association, which represents about 100 homes that back up to Great Neck Lake, which is one of the lakes Conrad 2, Conrad 1 and Conrad 3, three lakes that are associated with our Lakes Association. One of which is on the docket to be filled in that, Eddie was just referring to and just a little quick background, I'm a 20 year Virginia school teacher, Independence Middle School. Anybody, any locals out there and I also live on Millwood Road of Great Neck Estates. And Before we even kind of open up things, I just kind of wanted to thank the board here today because it's, you know, a lot of times things go on in our neighborhoods that we don't have any control over, but it's nice to have a public hearing like this, that we're allowed to come here and voice concerns in this kind of democratic society we lived in and have our voices heard before just decisions are made. So, there's many people here today and so I feel like we got bumped to the end. So just kind of want to make sure that those people that are here today in opposition of the Wycliffe Development just stand up at this point and just be seen and possibly be heard later on. Mr. Alcaraz: Thank you for coming. Mr. Sallie: That's awesome. Thank you guys for being here. So, as the representative of many people, and we have discussed this, it's been in the works for about two years since I think we brought it to our the Lake Association and, you know, we usually have three annual meetings throughout the year and it's definitely gained a lot of ground just in this past, I'd say in the past three months. I know, Eddie had said something about the church reaching out to the neighborhood but that was very recent. So since more awareness has been raised over the course of these few months, many more people are coming out of the woodwork to speak, to speak up for our neighborhood. So, the main point of what you're gonna hear today is that number one, the people that are here are very concerned and we care about our neighborhood that's number one. And number two, we're asking the board today just to slow things down and to put a halt on the rezoning and removing that 3.879 acres because once you guys take away that as a church religious purpose, it's going to allow the development and in that development will be the homes will be the removal of wetlands. And it's two fronts that were, that we're worried about. It's not just the homes. So, I know that that was brought up, but we are very concerned about that wetland Lake Conrad removal of that lake, which feeds into all the Great Neck Lake and Conrad too and the other lakes that are affected by it. So many other areas are affected just by the removal of that wetland area. So please just consider that because we have many people that are here today that are passionate and we've got some amazing stories from people that lived in the neighborhoods for 20, 30 years. So again, it's going to come down to the fact that, you know, we care and that's why we showed up today to let our voices be heard. Myself included, I have two little girls at home and I told my father-in-law, I said, go take them around the corner of the park and that very park could potentially be destroyed where the infant child center is located and I said, you know, Tom, send me a picture. I can show the board like this is where my kids are playing right now that we have advocated for to not be torn down and, you know, that is like our overall lofty goal is that this property be kept as a green space. Great Neck Estates does not have a neighborhood park, which in many neighborhoods up and down Great Neck do have parks and we would love to see that happen. And as a lofty goal to keep this space green and to see it being bought by the city potentially and have that avenue just be addressed, which in my discussions with Steve Bishard of Bishard Homes that wants to do the development, he's definitely open to, but we don't want to take off, you know, take off the handcuffs per se and allow him the opportunity to do whatever he wants this property when this rezoning goes on. So we're just asking you guys today to hopefully, you know, slow things down, give us a chance to get more time to, you know, go down other avenues of possibly the city hearing some more arguments for buying this piece of property, because we know that once permission is given to rezone and to build, it's something that we probably can't, you know, undo, once you fill in a lake. It's, we're not going to put the lake back together after that. And, you know, hearing Mr. Bourdon talk about t the city denying that area a business permit, you know, why do they do that? You know, that kind of says, okay, well, somebody at some point said this, this should stay a pristine area, you know, let's not go against that. Let's not, you know, give someone the permission to do whatever they want in this area and I do believe that Wycliffe wants to see. The best go on there and they would not just up and fill in a lake, just because they can. So what Mr. Bourdon was saying about that, we have a very strong association. We've put together groups, we put together social events. Obviously, we collect dues and if there was ever a major issue that was going on, the amount of love and concern that is there for the lake, you know, if the church and the community needed to work together to help maintain some property, there's no doubt in my mind seeing how many people are coming out here today that we could help whatever endeavors or whatever things that the church needed to see done for that lake to help maintain it instead of just filling it in just because they could. And back when Bishard, myself, some other board members and Wycliffe had discussed possible solutions to selling the property. One solution was that they were going to, put in a filtration system, which to us sounded like a good compromise. All right, we're gonna build these homes. We're gonna take away this lake, this retention lake, which does prevent flooding and does help filter the water. They said, Hey, but don't, you know, we'll take care of you guys. We'll help you put in this filtration system and when we went back to the city to confirm this, because obviously we're to do our homework and double check, the city didn't know anything about that. So now here we were stuck on a misled where we were not going to give our consent to these homes and this whole process without reassurance that the other lakes were going to be taken care of. So that kind of left a bad taste in GNLAs, the Lake Association's mouth that we don't know what's going to happen once, you know, this property gets sold and now that we've been given some false information. Again, we're taking a step back in this whole process that we want things slowed down. We want things to be reconsidered. We want other alternatives to be explored before this property is just kind of designated as residential and whatever Bishard wants to do, it's going to be get done. So that is our, that is our plea, you are going to hear about many stories today from very concerned neighbors. So please keep that in mind that we were trying to slow this process and stop this process so that we all have time to preserve a wetland lake, park area. Thank you. Mr. Alcaraz: Thank you, Mr. Sallie. Next speaker. Madam Clerk: Michelle Conti followed by Ronna Marsh. Mr. Alcaraz: If you can state your name, please. Ms. Conti: Michelle Conti. As a 25-year member of the original Wycliffe Congregation, the philosophy of the Presbyterian Church Doctrine compels me to speak up. We are called on to be active regarding social and moral issues including environmental concerns. As a Virginia Beach resident, you only have to look around to realize the biggest threat we face is the when our sister city is drowning in, water. It constantly is in the news and our leaders promote ways of dealing with flooding and standing water. Our city actively promotes retention ponds as a formidable tool to combat stormwater runoff. As a city, we've spent countless dollars to stay above water. Building infrastructures that include drainage are a large part of our public works budget. Having a natural watershed is a priceless blessing. Our watershed was even dredged to maintain its integrity. The idea that we would fill in a long standing natural watershed easement in order to build 12 more houses defies logic. In addition to filling in a lake, the removal of 140 mature trees will only exacerbate the issue even further. The cost and effectiveness of pumping solutions increases the drainage and financial liability problems for our city. This decision should not be driven by the monetary income; it creates for the businesses engaged in the transaction. The church has received over 60 years of tax relief and is now requesting a modification of use and boundary change to profit at the detriment of the neighbors and wildlife that call this area home and have for decades. The church is not entitled to a zoning change any more than its neighbors are. Maintaining the status quo provides reasonably expected stability to surrounding properties. The financial need of the church does not negate the conditions they accepted when purchasing the property. The lake was here first and should be the priority in any encroaching development. The developer who has published plans to fill the watershed has a track record of over promising and under delivering on their prior projects and is viewed as a negative impact on completed projects in Virginia Beach. While the project may look possible on the paper plans, just because it could be built doesn't mean it should be built. There appeared to be errors in the JPA including use of an outdoor sanctuary, age of the building and bridge being greater than 50 years, and the submitted size of the impacted area. These items should be more closely examined for accuracy as it pertains to environmental regulations. I would suggest the City of Virginia Beach's large public works budget include regular maintenance of this watershed. The church could donate or sell the wetland portion of the property to its financial benefit and realize a goal by relieving itself of any ongoing burdens it may bear. It would set an example of responsible ownership and goodwill to its neighbors. After all, isn't that what it's all about? Mr. Alcaraz: Alright, you've exceeded your time. Thank you. Madam Clerk: Ronna Marsh followed by Virginia Pissaris. Ms. Marsh: Good afternoon commissioners. I am Ronna Marsh and I would like us to start calling it Lake Conrad 2 because it is recognized in the National Wetlands Inventory. You all got an email from me at about 8:30 this morning because I don't have the luxury of being able to use the visual boards here. But I am concerned that we are not calling it Lake Conrad 2 because it is part of what is followed for the MS4 DEQ permit that the city has to have for stormwater. You all should have this in your emails from me. This is a pond and it is identified as Lake Conrad 2. This was an inspection that was done by VBGov staffer, Mr. Barnes. John Barnes reviewed the lake, went out to it, and he checked it out, and then it's reported on back to DEQ as part of our MS-4 permit for stormwater. This is not just about building homes on a lake. This is about destroying an asset that is our city's. We citizens have paid for this lake for years. We have an easement in this lake and that easement runs right through the middle of it before the current owner owned it, I believe and so what you're talking about doing is giving up an asset of the city. I pay for this with my taxes, as does everyone in this room, even though it's on that land there, it is in the stormwater management of the city and we had a bond referendum for five hundred and sixty seven million dollars that spoke in favor of because I've been an active member of Stop The Flooding Now and encourage people to vote for that and now we're filling in a BMP a lake, I mean, everyone I've told that this is happening. They cannot believe it. This is not best management practices. This is a really poor idea to fill this in and if what you're trying to do is just rubber stamp another development. Why do we even have a planning commission? Why do you do the domino effect? Because you don't have the site plan, you're not seeing the full picture here. That's obfuscated by the developer. He's saying, Oh, they won't do this. They won't do that. No, you don't know what they're going to do. Once you clear the red light, once you clear the green light for this to get built on, then there goes the lake. There go in houses on the lake and that is going to affect our reputation too, just like the houses at Asheville Park. Remember those houses that we've all contributed 11 million dollars to fix the problem the developer created? You know, don't make this Asheville Park too, please. Mr. Alcaraz: Thank you Ms. Marsh. Thank you. Next speaker. Madam Clerk: Virginia Pissaris, followed by Wendy Crutchfield. Mr. Alcaraz: Hi, can you just state your name in the mic for the record, please? __ Ms. Pissaris: Yep. Virginia Pissaris: Okay. Hi, I have lived in Great Neck Estate since 1974, when my father and I moved in. So that's almost 50 years. Okay, give or take and, I've used Red Bridge on and off for that all time. It is a wonderful, beautiful parcel of land. And that map over there doesn't give it justice because there's no water on it and there happens to be wetlands there, okay. And I think it's more than an acre, but t let me get to the point. So that wetland area serves as our watershed for not just our neighborhood, all of Great Neck Road area, the reserve, Great Neck Manor, the shopping center area. It is a natural watershed for flooding. All of you were sent a video that I took in the rain of the water going over the bulkhead into Lake Conrad, okay. It was pouring in there all day long and that was just from the rain from last Friday. Where's that water gonna go? Can I ask you? Where, if you're gonna fill,in water,,okay, the wetlands area, put houses on it and its 12 houses. The plans have already been made. The houses have already been shown. We have the plans with us. So, whatever, their lawyer said, it's not true, just to let you know. So, where's the water gonna go? And then the other thing is, I'm in-charge of Neighborhood Watch. I'm also the vice president for the Great Neck Civic League, okay. And one of my- neighbors said she's a single mom. We also have a lot of elderly people in the neighborhood, single because we're widowed and we've never had flood insurance. We've never had to have flood insurance We're really lucky because we have the wetlands; we have the watershed, the natural watershed, all the water goes in there, goes into Lake Conrad, flows down to the Lynnhaven rivers and out to the Chesapeake Bay. So, put homes on top of that, you're going to get pollution. You're going to get all kinds of stuff. It's going to destroy that area, let alone the problems goes, of course, as Ms. Marsh said, you've got Asheville Park that this developer was contributing to and Bow Creek. So, I know I have 28 seconds left. Let me see. Okay, so the flood insurance is a big problem, is Bishard going to guarantee, is he going to pay for our flood insurance if this goes through, probably not. And it's not in my budget and I know it's not in other people's budgets. The other thing I want to point out is I did find an article from 2020. I know that Virginia Beach has received met a lot of money, but apparently here there's a huge bond, three million grant for wetland. Mr. Alcaraz: Sorry. Thank you. Ms. Pissaris: Okay. Can I give you a copy of this? Mr. Alcaraz: You can give it to the clerk. Ms. Pissaris: Okay. Mr. Alcaraz: Thank you. We got a lot of speakers. Thank you. Ms. Pissaris: You're welcome. Madam Clerk: Wendy Crutchfield followed by Martha Thoreau. Mr. Alcaraz: State your name please. Ms. Crutchfield: Hi, I'm Wendy Crutchfield and I am a property owner, 1971 member of the Civic League and the Great Neck Lakes Association. I emailed a very detailed letter already and I appreciate the time you may have taken to read through the facts presented. I want to concentrate my comments today on the existing use of the property and the precedent the city has set for protecting our runoff sites. I'm asking that you include protection of this necessary Virginia Beach asset. You have received about 40 letters in opposition and many people here today. There are almost 2,500 signatures on the petition. Not even one of those opponents wants to prevent a property owner from selling what they don't want. If the church doesn't want to use the property for religious purposes, that's their right. The fact, however, is that today, as of the moment of this hearing, the church is still using the property for religious purposes. Just look at the sign on the property that says Summer Sermon Series continues at 10 a.m. The larger question is if residential housing should be restored as the use of the property and any proffers that you might apply to that modification, the current R-10 was established for large tracts of land before the church ever bought the land on this application. When they requested the conditional use permit, the city granted it because it had the support of the community. At that time, it was a benefit to the residents of the new neighborhood of Great Neck Estates. It was also a benefit to the city who had an existing stormwater drainage easement through the land and into Great Neck Lakes. When Great Neck Estates was developed in the 50s, the city required the developer to grant them ownership of the canal for stormwater drainage while they maintained an easement through the Wycliffe property, which at the time was used as hunting fishing grounds. The precedent was established then that the city required the developer to grant,ownership for the stormwater drainage facility in the city, just like they did for Great Neck Estates. Further, precedent was re-established in 1991 when a property owner in Chicks Beach applied to fill in a runoff lake to build homes. The city filed for condemnation of the lake and paid the seller fair market value: You can ask our city attorney, Stiles. That property, Pleasure House Lake, is right now part of the Flood Protection Program improvements to Lake Bradford and Chub Lake. It is vital to the stormwater operations in Virginia Lake Conrad should not be filled in for the same reason that Pleasure House Lake was purchased by the city. It is an integral part of our runoff operating system that flows into the river and the bay. Finally, the bridge called Red Bridge by the community connects two streets in the neighborhood, Millwood and Poplar Point. It has been used by the public openly and consistently for seven decades to not only travel to church, but to deliver newspapers, to visit arcades and now, swimming facilities, to patronize nearby restaurants and to swing children, to learn how to ride bikes and have a solitary moment with God in the outdoor sanctuary and with nature. We ask that it not be replaced with a few incompatible houses. The development criteria for that was applied in 1950, defended in 1991, and promised to the citizens of Virginia Beach in the flood referendum should be applied today, which would be to grant the lake to the city and to preserve a buffer zone of Great Neck Road. Thank you for your service and your careful consideration of this recommendation: Mr. Alcaraz: Thank you. Mr. Plumlee: Mr. Chairman, I just had a question of that last resident. I don't know if now if it is the right time to ask a question. If you want me to wait, I'm fine. Mr. Alcaraz: This is specifically to her? Mr. Plumlee: Yes, because she brought up the religious use on the property. Mr. Alcaraz: Ms. Crutchfield please come forward. Mr. Plumlee: You said that there is an outdoor like an altar or a seating area with the cross. Is that where they conduct services, outdoor services? Ms. Crutchfield: The church itself does not use that outdoor sanctuary anymore. The residents do, people come by and just have a moment of solitude. But what I was referring to in my speech was the advertisement, the big sign that's on the parcel that's on this application to have the modification change. There's a sign advertising current services and that is a religious use. Mr. Plumlee: But you're not aware of the church using that area? Ms. Crutchfield: No. Mr. Plumlee: Okay. Mr. Alcaraz: All right. Thank you. Next speaker. Madam Clerk: Martha, followed by Lisa Smith. Mr. Alcaraz: State your name, please. Ms. Thoreau:Good afternoon. Martha Thoreau. Things aren't always as they seem and though some would have you believe that this is a simple housekeeping item, and Eddie, as in Eddie Bourdon, attorney Bourdon, would have you and us believe that there is nothing to see here.- Indeed, there is much more than meets the eye. You see, we do not subscribe to attorney Bourdon's explicit opinion that we need not be here that the matter at hand is unrelated to anything else regarding the church's sale to Builder Bishard. We all know that that is not the case. There exists hard evidence to the contrary. So, here's a not so hypothetical question for you. Do you think it wise, prudent, responsible, etc. to build a house, no make that houses, on a lakebed that was filled in for the purpose of doing so? Another question, would you buy a house on a lakebed such as this? Or answer me this one, would you think the city should be held accountable to any future buyers who bought houses by virtue of the fact that it permitted such development'? Kind of like the Asheville Park boondoggle. It is said that the Planning Commission's job is to determine appropriate land use for this city. And while it sounds like you have an easy task before you today, the citizens of this city beg to differ with you. Already thousands have signed a petition decrying the potential actions on this property and many are here today to ask you to stop this nonsense in its tracks. You see, it is not going to go away so easily. We are appalled to even be having this conversation given our storrnwater management problems and costly advisements. We know that you have been advised and counseled on this matter. We know who appointed you to this commission and we know that your intention is to green light this matter for the purposes of allowing a builder who is well connected to the power structure of this city to move forward with destroying this,cherished site that is a natural stormwater management system for his personal gain. We don't think it wise to allow this to happen. The question here today goes far beyond changing the designation of the use of this property. You know that your approval of this item at today's hearing will green light the project. You know that by approving it you will be dumping it on council's desk to those public servants to tell us go away, there's nothing " we can do. integrity matters in all things. Do the right thing here, folks, you have the knowledge, you have the power. Otherwise, you will be go down the history books as being complicit puppets of the City of Virginia Beach political system circa 2023. Thank you. Mr. Alcaraz: Thank you. • Madam Clerk: Lisa Smith, followed by Neil Randorff. Ms. Smith: Thank you very much for allowing us to share our opinions and our concerns. I'm Lisa Smith, a homeowner in Virginia Beach in Laurel Cove. Laurel Cove is the neighborhood right next to Great Neck Estates. We also are on bodies of water, part of,Great Neck Lake and by the way, it is not a pond. It has a name, Lake Conrad. So, I just want you to be sure, it might be small, but it is a lake and it does have a name and that's part of the Great Neck Lakes. I am here representing a lot of neighbors in Laurel Cove and for Great Neck Estates in related to stormwater. I sent in, and I believe you all have seen photos that I sent in about a week ago, showing what Laurel Cove neighborhood and Willowood Lane, which is one street off of Great Neck Road, looks like after stormwater. That is what could happen and probably would happen in Great Neck Estates, and I'm sure they've had stormwater issues. I'm not against what Wycliffe is trying to do. I'm not against really anything on the development. I am concerned about what they're planning to do, but I am concerned 100% for Great Neck Estates and other neighborhoods if the pond is filled, the pond is, Conrad Lake is filled in. It would cause the stormwater issues to continue and I'm proving it out just on showing you what happened on Willowood Lane. Thanks again very much. Mr. Alcaraz: Thank you. Madam Clerk: Neil Randorff, followed by Chris Servetus. Mr. Randorff: Good afternoon, my name is Neil Randorff. I'd congratulate all of you for still being awake. I've been a citizen of Virginia Beach since 1999 to live on Pineland Lane, which is in the Great Neck Estates area. I have several comments to make with respect to environmental considerations of what I'll call the Wycliffe development, which is the background for this discussion, actually. You can change the use permit, but where is it really going is the question. For two years, I was president of the Great Neck Lake Association, which represents 100 homeowners on the lake. During my tenure, we began a water sampling quality system with the Lynnhaven River now. And we created the opportunity to hydro-rake the lake and the coves in the areas near shore. I have a few qualifications on this issue. I studied oceanography at the Naval Academy. You say, so what that was 50 years ago. I spent 27 years as a nuclear submariner with emphasis on discharges from that ship into the environment. After retirement, I was chairman of the International Cable Protection Committee, which represents 97% of the world's submarine telecommunications and power cables, maintenance, installation, and all the environmental concerns that go along with it. I was a founding member of the International Electro Technical Commission Committee 114, which deals with all offshore renewable energy development techniques. That would include again, installation, maintenance, and environmental impacts of all those. I was also a founding member of the Virginia Coastal Energy Research Consortium, which did all the original economic and environmental studies for offshore wind Virginia. A couple of items since that sampling program began almost six years ago; Great Neck Lake has improved in stability and test results to the point where Lynnhaven said, we don't need six sample points anymore, we just need three. This is due to the positive response of the citizens on that lake, and in the areas, paying attention to runoff and waste. Over the years, the lake has had algae blooms to the point where the algae growth clogged the spillway into the Lynnhaven, and caused a threat of flooding to all the homes on that lake. I don't have any pictures. The hydro-raking cost the homeowners tens of thousands of dollars, but removed tons of debris and silt from the lake, which caused some of the algae development. We've since developed an annual springtime treatment program, which does to a great extent deal with a lot of the algae, none of this is financed by the city. Mr. Alcaraz: Mr. Randorff. Thank you very much. Mr. Randorff: Pleasure. Madam Clerk: Chris Servetus followed by Andrew Broyles. Mr. Servetus:Good afternoon, everybody. Thank you for taking the time to hear this. My name is Chris Servetus. I'm a long time or lifelong resident of Virginia Beach and longtime resident of Great Neck Estates. And I agree this is an awkward situation and process. You all have a very focused decision to make, but I believe there's some extenuating circumstances here that warrant some extra consideration in this whole process that takes it out of the norm. And I'm sorry to be redundant, but Ronny, you stole all my thunder. I'm going to have to just try and keep this brief and move on. I believe there's some extra consideration because, I believe there's unanswered questions about the potential environmental impact that will result from removing the religious use of this property. Not only does the proposed development of this site demand the removal of over 140 mature trees, there's significant stormwater management implications associated with the decision that I don't think are fully captured in the application or in subsequent staff reports. Clearly noted as a city asset complete with a stormwater management ID number an inspection report from earlier in January of last year details lake Conrad 2 as a well established wetlands wet pond and an integral part of the city's stormwater management. It has been serving the city community and neighborhood for years. Simultaneously, the owner has enjoyed the benefit ofthis property being off the city tax rolls for years through this religious use exemption and whether under duress or otherwise, I don't believe that it is proper now to convey this property that's going to orchestrate the destruction of the city asset for financial gain. That's my opinion, but I feel this is a city asset that can't be caught up in this financial transaction to sell the property. So, I ask that you do not approve this application as it's listed. At a minimum, I'd like to see it deferred indefinitely until we find a comprehensive wetlands study and environmental impact study on the removal of Lake Conrad 2. Sure that if you proceed to do this, I would ask that you remove the portion of the property that contains Lake Conrad so that we can maintain this city asset for the wellbeing of the community. Thank you. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Andrew Broyles, followed by Derek Copeland. Mr. Broyles: Good afternoon, Mr. Chairman, commissioners. My name is Andrew Broyles. I'm a property owner at 1533 Custom Street in Great Neck Estates. I'm here because my parents lived here from the day they retired until they passed and they loved Great Neck Estates. This application sounds harmless, but the reality is you are voting to destroy a sanctuary type area for two different businesses financial gain with this site plan for this development. The blue is the lake, so you see some houses being built there. This site plan is why all these people are here today. If you are voting I on this application because you are led to believe you are saving a church, how much do you really know about the financial dynamics of this church and its congregations or its trustees and what have they done to better their financial position? And if you are voting aye because the developer has informed you, like he did us that he gambled twice with non-refundable deposits and made a pretty big bet that you're voting aye. I hope you will not be influenced that because I certainly am not. Furthermore, your aye vote puts fat stacks of money in this developer's hands. According to NHB, the average custom builder profits 21 to 23 percent, which translates to 1.68 million dollars for the developer with your aye vote. Considering your aye vote creates building lots on large amounts of fill is irresponsible. I've been a Class A remodeling and structural repair contractor in Virginia Beach for 45 years, and I've been the one who has delivered the bad news, many times to Virginia Beach owners that their house was built on unstable soil and the repair will be multi-thousands of dollars and sometimes cheaper to tear the house down. So, I have two questions for you. Would you or your family buy a house built on this lake fill? Or if you were developing this, would you feel honorable with your disposable LLC and your one year warranty and care of something drastic happened to one of your buyers from this gamble? I also wonder why this developer couldn't seek R- 75 zoning and stay out of the lake with houses and streets. Instead, this applicant has produced one option when there are many, I doubt the original planners or visionaries for the R-10 status before this source was ever build, ever considered the R-10 zoning building in a lake but instead would have made it a focal point for the neighborhood. Unfortunately, the church shows a build on the better part of this parcel. I am requesting this application be conditioned with a site plan, not this one, and not a planning commission vote with no site plan, and the condition site plan does the following. Reduce the number of structures and road to zero that would be built on fill and retain to lake, included traffic light at Millwood Harbor and Great Neck for the increased traffic at this intersection. My mother would never turn left at either entrance coming out of Great Neck Estates and many here will tell you the same thing. It's like crossing an interstate except worse because of all the cars turning to Great Neck Estates and Great Neck Manor. My mother drove all the way to Laurel Cove to turn around to neighborhood to go to the grocery store for 20 years. Mr. Alcaraz: Thank you, sir. Mr. Broyles: Thank you. Mr. Alcaraz: All right. Next speaker. Madam Clerk: Derek Copeland, followed by Julia Cherry. Mr. Copeland: Good afternoon, everyone. My name is Derek Copeland. I am the acting president for the Great Neck Estate Civic League, which is the neighbor to the church. But today I'm here just as a resident of that neighborhood and a resident of this city because of concerns that were brought to my attention through the development, potential development of the land being presented to you today. A lot of things are presented in the sense of its only one thing you're doing. What are you doing? You're just looking at the land to say, can they sell the land? Can we re rebrand it so that they can sell it not being as church use? I have a five-year-old son and he's currently in the. why stage. And in the why stage, you ask the question, why do I need to do that? Why do I need to do that? And the easy thing for me to say is because I said so and leave it at that. But that is not what I teach my children because I believe why is an important question. It's a question I think you should be asking yourselves today. Why are they asking to do this? They're not asking just to sell the land. They're asking to sell the land to a developer. A developer that I learned was a private sale. We were never even presented the awareness that this land was being considered for sale. It wasn't a public opening to anyone to be considered for the land. When they first went into, they decided they needed to sell the land. I respect that. They own the land. They have the right. However, it never gave us the opportunity to assist them in finding a good opportunity for a buyer. Someone at the church went out and found someone. Made a deal with Bishard, and in doing so, a deal was signed, and now the church was committed. About two years ago, I first kind of found out about this, and when I did, thought, well. I'll tell you what, this seems like not the best use case for the land. I would love to have had a park for my family to go to in this neighborhood. I've actually had some conversations and discovered that with Parks and Recreation, there's currently a request to have all neighborhoods be within 10 minutes walking distance of a city park. We do not fall into that category and here we have land that does meet the qualifications and we have actually had conversations with Parks and Recreation and this land does meet that qualification. It is something that there might be interest in the city. It was stated that they went to the city and they asked them, they did not. You can probably all tell me right now that the city is not a single entity. You go to one person and you don't speak to everybody. They went to the early intervention program and asked if they were interested, not the city at large. The city at large is interested. There are other parts of it, but right now there's a contract and the church has no ability to do any kind of a conversation because they are under contract. I think there should be more opportunity given to them to consider other options and you are here at one more step to help us achieve that for them. Thank you. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Julia Cherry followed by Kim Chapman. Ms. Cherry: Hi. Good afternoon. My name is Julia Cherry. I'm a resident of Great Neck Estates. My big concern here is stormwater protection. The City of Virginia Beach has paid a lot of money for the Dewberry study. You've learned that we are getting tremendous amounts of rain due to climate change. Friday afternoon, last Friday, when it was raining extremely hard, I went out there and videotaped from Red Bridge, Lake Conrad 2, and the surrounding area of Wycliffe Church. The water flow was streaming over the dam into the bigger part of the lake. But Lake Conrad 2 holds a tremendous amount of water. The four acres of green space absorbs a tremendous amount of water. I have pictures from before the rain and after the rain. The difference in the size of the pond. The City of Virginia Beach while the property was under contract of Bishard went over there to do a cleanup around the lake. They took out approximately 100 trees, left a lot of the debris around, I have pictures of that too and what that did when they were taken out trees, they drove heavy equipment over the dam which caused it to collapse the pipe literally broke. The water in the Lake Conrad 2 actually was made smaller because the wall was lowered, but if out there in the rain, the delineation lines seem very out of place from what the engineering firm hired to do the assessment has said. We think the property needs to be re-evaluated by a qualified engineer that the city finds and redo the delineation lines. I've spoken with Skip Stiles at Wetlands Watch. He stated he has never seen a lake filled in and this is indeed a lake. I implore you to look at some of the videos posted on Facebook of the water flowing over the dam and the size of the Lake Conrad, the water extends probably 10 feet. You cannot get an accurate account if you go over there and do your site plan and look at the lake in the middle of the winter. There were a lot of species of trees that Bay engineering missed. They did not put it on their paperwork and we've gone out there with a biologist and have counted 140 mature trees and a lot of species of plants that were not listed on the site plan. So, I have given the ladies over here copies that gives more detail, but to the knowledge of Skip Stiles with Wetlands Watch, he has never seen a lake filled in in coastal Virginia. Mr. Alcaraz: Okay, thank you. Ms. Cherry: Thank you. Appreciate your time. Next speaker. Madam Clerk: Kim Chapman followed by Jim Allen. Ms. Chapman: Hi, good afternoon. I'm Kimberly Chapman. I live in Great Neck Estates. I've only lived there for about four years. But I have significant concerns about what the builder wants to do there, and I understand what your role is in terms of its religious to residential, but I think the fact that it's been brought up that this property does have a city asset on it that is a BMP. Lake Conrad is defined as a BMP. I think I saw it in some paperwork from 1990s and I'm not that familiar with BMPs, though I own a business on Production Road that has a BMP, and I know we have to keep it well maintained because otherwise we will flood our neighbors over there on Production Road. So, it is defined as a non-structural BMP, and it is for the preservation of natural features. And I know that if we fill in that or do anything to discourage the drainage that that provides, we're going to have significant flooding in our neighborhood and that's very concerning. You know, as we talked about, most of us, actually all of us were not required to have flood insurance. We're in the X area and that would be a significant burden to us and also the impact that we'll have on Great Neck Road. So, I would ask you to please, deny their request or as Chris Servetus said to have it revised so that the city maintains the asset that is Lake Conrad. Thank you very much. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Jim Allen, followed by Susie Rice. Mr. Allen: Goo_d afternoon ladies and gentlemen of the Junior Peace Planning Commission. Thanks for listening to us today. We all have some issues. Mr. Alcaraz: Can you state your name for the record, please? Mr. Allen: I am James Allen. Mr. Alcaraz: Thank you. Mr. Allen: I live at Great Neck Estates. My family moved there in 1985, so we've been there for a day or two. When we moved into the neighborhood, we had standing water in our driveway at the [Inaudible] [01:56:44]. Today, we have standing, well, it finally drained. But today, if it rains, we have standing water in our driveway. My neighbor across the street today has a mud hole, he didn't drive up yet. So, we have issues with stormwater. And my concern is that in regard to Lake Conrad, and you guys should have been there last weekend when it was raining. It looked a lot like a miniature Niagara Falls almost, but it was tough. There's a lot of watt that goes into that little lake or pond or whatever you want to call it. And if they close that fill that thing in, I wonder where the water's gonna go. It's gonna go some of it, for sure, is going to make it to our community, which is a walking distance from the church, actually, of just a couple of minutes. We all have issues about that project that's going on up there. We have a lovely neighborhood, and we just wish that you all would take serious consideration to how it may value our standard of living in our community. And since I'm an Army guy and they said, keep it simple, stupid. Then I'm gonna keep it simple because all of the real main points have already been discussed and if you would do that, just consider it. We would certainly appreciate it. Thank you. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Susie Rice, followed by Chris Ledford. Ms. Rice: Good afternoon. I'm one of those elderly people they were talking about earlier. I've began my teaching career for Princess Anne County at Celia Elementary School. I taught fifth grade, and I have lived in Great Neck Estates for 40 years. I live four lots down from the overflow spill dam out of Lake Conrad 2. So, I have seen a lot happen in my neighborhood in regard to the property that we're discussing today, and I am gonna throw a curve ball to the city. Reducing the boundary for Wycliffe Presbyterian Church is acceptable but allowing the remaining property to be zoned for lots designated R-10 and not compatible with long established neighborhood of Great Neck Estates where homes are predominantly R-20 and thus allowing the City of Virginia Beach to pass the buck to a developer to escape the historical difficulty. The city has had meeting MS 2017 of the Wetlands Act and revised just recently last month. Required for land designated as wetland for inspection, dredging, reduction of possible contaminants and reporting to the DEQ is not acceptable. Also is of concern is that the area drains stormwater by way of two pipes. They measure 24 inches and 30 inches directly from the north Great Neck Road. They drain 37 acres, mostly an impervious land of water into a spillway, into Lake Conrad 2, then into Lake Conrad 3 and 1, and then into the Lynnhaven. The 101 Great Neck Lake Association members have worked for over 12 years to maintain Great Neck Lake or Lakes Conrad 1 and 3 as designated by the Virginia Beach City. We have dredged, we've reduced pollutants, and we've maintained the health and provide educational activities for over 25 acres of lake that is fed by the Wycliffe property. Congratulations to the city for adopting a $567.5 million flood protection plan that does not include the Wycliffe property. But it is not acceptable to solve the Wycliffe wetland problem with congested building, adding traffic woes, more required services and destruction of wildlife and vegetation, and lack of compatibility with a long established neighborhood of Great Neck Estates. Mr. Alcaraz: Thank you, Ms. Rice. Ms. Rice: Why can't a city of nearly 500,000 people in a $2.5 billion budget find a better solution. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Chris Ledford, followed by Jamie Curran. Mr. Ledford: Hello. Mr. Alcaraz: Hello. Mr. Ledford: My name is Chris Ledford. I'm a resident of Great Neck Estates. I wanted • to follow up, I think it was really great what Ms. Rice said. It's interesting because I wanted to touch on those points as well, I was very impressed with Mr. Bourdon's points, so I wanted to kind of address that. He was very, it was interesting and with his staff, he researched some stuff that goes back a long way. I wish I had time to research a few things myself, and that's why I'm asking you to defer this today that is my request. I'm not gonna talk about the lake and swamp and all this stuff. I want you to defer the request so that we can look into the rezoning. I don't think if you act today, you'll be doing a service for the city because like Ms. Crutchfield said,, and Ms. Rice, there have been decisions that have been made on North Great Neck Road that depend upon this Lake Conrad 2 as a BMP. The city has a responsibility to maintain that. I'm talking about as far back as Silver Hill at Great Neck. I'm talking about the recent Rite Aid. I'm talking about 37 acres of impervious surface that anytime the development or changes to that came before this group and there has to be minutes. I just don't have time to research that. I don't have a legal staff or a paralegal staff. But if you give us some more time, we will find one and we will find the evidence that we need that shows that decisions made by this group, this board, previous members, obviously made decisions that were based upon this property being a city responsibility and a city BMP. In other words, those main that Ms. Rice talked about are there. They are there to help drain and mitigate the pollution that comes off of 37 acres of high density commercial development. Those commercial developments individually over time, used that lake and those chain of lakes as a reason to be approved. I hope you follow what I'm saying, that the lake we're talking about here should be separated out from this zoning change because the city should own it. They should take responsibility. They already have because they've passed projects that depend on it. I wanna describe for you real quick that that system of lakes is three levels in elevation. This one we're talking about here Lake Conrad 2 is the highest level. There's a spillway and a dam that goes into the next lake. Then there's a spillway and a dam that goes into the Lynnhaven River. I came originally to talk about my business, which depends upon clean water in the Lynnhaven, but I'm not gonna have time to do that. So I wanna keep it simple. I want to ask the same thing that Mr. Bourdon asked, and that is to look at the history of this property and look at it as something that needs to be, we need time. I think a decision today to change zoning. I think a decision today to approve the sale of the land, which is what we're here about. I understand DEQ, Army Corps needs to be involved if a lake is to be altered. But before that we need to understand that this piece of property actually should belong to the city. This lake, especially this BMP, the city is responsible for it. They've made decisions based on that. Thank you for your time. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Jamie Curran, followed by Mary LaVoy. Mr. Alcaraz: How you doing? Mr. Curran: Good afternoon. My name is Jamie Curran. I've been in Great Neck Estates for 30 years. I wanted to thank you guys for doing what you do. You guys are really the bottom line as far as maintaining the quality of life in Virginia Beach and what you do is integral to how it affects all of us. So, thank you for that. As you can see, this neighborhood and the folks that live there we're passionate. We look just like you guys. We're black, we're white, we're young, we're old that's not aimed at anybody. The old part, but it's really about the quality of life in Virginia Beach. And just to clarify a couple things that, that the lawyer for Eddie, for Mr. Eddie, for Bishard and the church, he's representing both sides of that. I don't know if you guys are aware of that or not. I think it should be obvious at this point, seems to me that's a little bit of a conflict of interest maybe, maybe not, I'm sure he is grinning behind me, shake his head and everything else. So, we did not, the neighborhood as a whole did not have worded this until about six weeks ago and then they called a meeting and told us what was going on. So, to say that we were a part of that decision, is just not accurate. I guess really the main portion of what we're asking for is that that lake system, the Great Neck Lake system, gets the runoff from the reserve from Great Neck Manor, all the entities from Mill Dam Road to Cox High School, both sides of Great Neck Road. So, it's a lot of storm runoff. It ultimately ends up in the Lynnhaven, which ultimately ends up in the Chesapeake Bay. So, while this might seem like a little decision about, you know, who's gonna put in 12 houses where, and fill in a lake, not a pond, fill in a lake, we would really ask you to reconsider, what he's asking for. And obviously he's telling you what you should be weighing in on, what you shouldn't in true lawyer fashion. So anyway, thank you for your time. I do appreciate it. I hope that you give this the thought and the attention that it deserves because it affects all of us ultimately. So, thank you for your time. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Mary LaVoy, followed by Mark Bowden. Mr. Alcaraz: Is Mary here? Our next speaker. Madam Clerk: Mark Bowden, followed by Jonathan Cherry. Mr. Alcaraz: Mark's not here. Madam Clerk: Jonathan Cherry, followed by Kim Johnson. Mr. Cherry: Good afternoon. My name is Jonathan Cherry. I'm a lifelong resident of Virginia Beach, grew up in Great Neck Estates. My mom lives there now. I learned to fish at Red Bridge. My daughter plays at Red Bridge still. It's got a long history amongst my family, so to say that it's just a small pond is inaccurate that's not being used. It's being used still by the community and the building that you say has fallen apart had just got a new roof four or five years ago. So, I don't know why it would do that, but my main purpose though, is to discuss the initial environment survey conducted by a Bay Environmental on the Virginia Beach Lake that may have overlooked crucial elements of its ecosystem. The survey was conducted during the winter, potentially missing the majority of native wetland species and underestimating the area of the pond and surrounding wetland habitat. This raises concern about the accuracy of the measurements and data collected particularly in the relation to potential construction projects in this area. By conducting the survey in the winter when many wetland species are dormant or hibernating, we risk underestimating the true biodiversity and ecological value of Virginia Beach Lake. This oversight could have significant implications for any construction plans in the area, particularly in terms of the structural integrity of homes built on wetlands. I believe a second survey at the least, should be done to at possibly see if there are any different results. So, we know we're working with correct data. I propose that we undertake a second environmental survey on the Virginia Beach Lake within the next 90 days. This timeline allows us to promptly address concerns raised and proceed with the necessary steps to ensure accurate data collection. The process will be engaging and a reputable environmental survey firm, is absolutely needed. In conclusion, esteem members of the Virginia Beach Planning Commission, I urge you to seriously consider the need for a second environmental survey on the Virginia Beach Lake before we make any serious decisions going forward,lat least within a 90-day period to buy a little bit of time to make sure things are. done correctly. Everything everybody has said about the flooding, that's all accurate and there's a lot of missed things that could be impact of the environment, economics and social situations with filling in that lake. Please consider a little bit more time. Thank you, Mr. Chair. Thank you. Mr. Alcaraz: Next speaker. • Madam Clerk: Kim Johnson, followed by WebEx Speaker Rebecca Valadon. Mr. Alcaraz: Hello. Ms. Johnson:Hello. Good afternoon. I'm Kim Johnson. I do not live adjacent to this property. I'm a realtor in the city. I heard less than 48 hours ago about this proposal and I decided that it was time to speak out. I don't have a lot of facts before you. I'm going to use common sense. An old penny looks dull. A new penny looks bright, but we don't really call it a penny. It's a US cent, and when you put them together, you have cents and when you put many of them together, you have, and you can make a lot of cents. And that is how I'm going to frame this for you today. You also hear a lot about artificial intelligence and how great it is. You are not artificial intelligence. You are the people representing the people of this'city and will walk out of this room because you care making a decision. Hopefully, it's correct. Is there a right or wrong? I'm not sure. But the best decision that you can make to make our community the best it can be. So, here's the bottom line. This does not make sense. Yes, you have an edict. You move forward with it. You follow the rules. I believe the builder has already gone before the DEQ and several other regulatory agencies, and I believe it's the size of the area that's to be filled in Conrad 2 is a proposal that would mean they can just bypass all of that. They pretty much have to rubber stamp it. You don't have to rubber stamp it. You have the power. It's your intelligence and your collective ability to synthesize the information and figure out does it make sense and does it make a lot of sense, and you have the power. One of my favorite sayings is that don't ever doubt for a moment this paraphrased that a handful of people can make a difference because it's the only thing that ever has. So now what I'm going to do is implore you on behalf of everyone in our city, because we don't wanna set precedents, et cetera, that are dangerous to our health and our community and make this a win, win, win, win. You have the power. You can take, you can allow the ability to sell, and you can allow the ability to buy. It could even be this particular developer if he wants to, I think the developer put forth this proposal because he wants to make money. That's fine, that's the American way. He can make money. The church can make money. The citizens can have what they need to protect them and the city can benefit from it because the city sets aside money to create, you know, solutions for stormwater problems, to leave open space for the community to be able to connect and develop strength and unity in our neighborhoods, and that's what we need. You have the power today to defer. You have the power to go, don't tell me that, you know, a contract cannot be amended. I'm a realtor. I know they can't, and you can move forward and create something really wonderful for this city, for this community, and for everybody involved. It's possible. Mr. Alcaraz: Thank you. Next speaker, Madam Clerk Rebecca Valadon, via WebEx. Ms. Valadon: Hello everyone, I hope you can hear me. Mr. Alcaraz: Hello, can you hear us? Ms. Valadon: Hello, can you hear me? Mr. Alcaraz: Apologize for the difficulties. Do we have another speaker? Madam Clerk: That's it. Mr. Alcaraz: That's it? Madam Clerk: Yep. Mr. Alcaraz: All right. If you can stick to rebuttals to all 22 speakers. Mr. Bourdon: First of all, on behalf of the church, who is the only party that I represent in this matter at all, we appreciate the voices today. I want to clear up one of the things that was insinuated or said, I did at the public meeting, encourage that the church held, encourage people to come and speak. Said it's your absolute right to come and speak. I wouldn't told anyone not to come and speak, but what I absolutely did say is that don't be angry with members of the planning commission or city staff, if they tell you that this application doesn't involve anything to do with filling this pond, because it doesn't, the comment said you've heard today, many of them have potentially great relevance, but not this commission. You have no jurisdiction over that and I will say this, if there is and I'm fairly certain that there isn't, but maybe there should be and that's one of the thing, the comments that was made, I think Chris made it that was a good comment. It is I'm certain, there's no public drainage easement over that pond. Maybe there should be, I don't believe it's a regional BMP, but maybe it should be. The reality of this is you all don't have the power of the purse, the City Council does. All the requests to defer or not do anything for you all doesn't do anything other than bring this back before you to hear the same thing over again. The City Council is the body that can solve the problem in a number of different ways but you all can't. I'm sorry, you can't. You got a simple application for which there is no precedent. This property has not been used for religious use. There's no condition that says it has to be. The church, as I said, the church isn't applying to fill the pond. The church doesn't want to, and it can be, you can call it pond, call lake, whatever. But the point of that is that if as Ms. Marsh says, it's got all this, you know, wetlands and other authority that it is a drainage way for other properties, then it won't get approved to fill it. They're not gonna be able to get the regulatory approval from DEQ, Corps of Engineers and the City of Virginia Beach, but they're conflating two different things and been spoken and told to them as clearly as can possibly communicate it. And if you all had the authority to do something about it, then that would be one thing. But to suggest that this church who's not trying to put illegal aliens in that building, they're not trying to do anything with the property other than get rid of the liability and if the city wants to purchase it, they have, you know, they have every ability to do that and if they need to, they have every ability to do it, but you don't. You don't have the power to make that decision. This body should follow the recommendation of the Planning Commission, excuse me the planning staff, and forward this on to City Council and consistent with the law and consistent with the recommendation that they've made. City Council, they'll hear these voices and I'm sure they'll hear them when it gets there. They can defer it and they can look for,solutions to this problem but at no point did I suggest that the city indicated they wouldn't, you know, the staff said they couldn't support a rezoning of the property to office. Someone tried to misconstrue that, there should be a solution to this and the church hopes that there is one, but the simple fact remains that this part of their property is not and has not been used for religious purpose and based on every precedent that exists, this should be approved, but it's not approving the filling of the pond, as I said in my presentation to begin with, and you heard exactly what I anticipated that you would hear and the church isn't telling people not to come and speak their piece. I just simply told them at the meeting that don't be, you know, upset with you all because this is not what you're being asked to approve. You're not approving anybody filling anything, that's the point. You're just simply following the law and allowing the church the opportunity, as a number of speakers said, they don't begrudge the city, I mean, the church's ability to sell its property that it doesn't need, that's-a liability, that's an expense that they can't afford and that can help them move forward and stay in business, so to speak, not a business. But the reality will be that if they can't do this, and however it all shakes out with the decision makers, then the next thing that would happen theoretically, I'm not, you know, trying to say the church is about to close shop at all, but they could, they just say, you know, we're done, we're gonna find another piece of property move. And guess what, the whole property gets developed at that point and there's still nothing's happening with regard to the lake and address or the pond and addressing it. But only City Council can do that, that's the bottom line here and I respectfully request that you will recommend, as your staff has recommended the church be permitted to jettison, not to rezone, but simply the use permit was overly broad to start with, and there's no reason for it to remain under that use permit. The part of the property that is not, has not, and will not be used for religious purpose and is not being used for one now, and I'm glad that Mr. Plumlee cleared that up. I'd be happy to answer any questions. Mr. Alcaraz: All right, Mr. Bourdon. Any questions Mr. Plumlee? Mr. Plumlee: I just wanna say for everybody here that Eddie Bourdon is a wonderful person and a terrific attorney, okay and he's amazing. And it's not about people's motives, we're all here to do a job together and listen to one another. So my question, Mr. Bourdon is, I went there, I walked the site. I saw infrastructure for there to be services outside. I saw there was a cross; I saw there was a seating area. It appears to have been there for quite some time. I asked the question, it doesn't look like the church is using it currently, but it appears to have been infrastructure installed for the purpose of religious activity on that portion of the property, so that's what I viewed. I don't have anyone else to ask because no one else is here from the church, and so I'll ask you. What was the purpose of that installation to your knowledge'? Mr. Bourdon:My understanding is and I can't speak to the cross, my understanding is the property has been to some degree utilized by the community as a park. I mean, that's the church has been very open. They're part of the community and that's why they allowed the city to use the building for all these years that's on this part of the property that's not a part of the church, not a part of its, you know, religious use for, you know, the infant STEM program. But I'm not aware, I'm told it has not been used since the church first began back in the late 60s when they hadn't built, you know, the rest of their facility and they hadn't built a sanctuary, hadn't built anything. So the beginning onset of the church or its operation for a number of years, that building on this property is the only building that existed until they built their initial sanctuary and then built onto that and then got, the school and all those things, but that was all back in the 70s. So then they tell me that it hasn't been used in any way for religious purpose. Mr. Alcaraz: Any other speakers for any questions? None. All right. Well, we're closed for speakers. I'm talking about commissioners right now. Mr. Bourdon: Thank you all. Mr. Alcaraz: Having said that, we'll close and we'll go into discussion. I'll start. I read this numerous times, I read all the emails I read, I met with staff, and they're asking bottom line, they're asking for a modification of conditions and what they're asking for is reduce their eight acres to 4.13 acres, that's all they're asking for. That's what they're asking our vote for. What they're asking us is to take this modification and reduce it. What they do with this property, what it's zoned, what it's currently zoned, doesn't have anything to do with what this application in front of us is about. It's just asking to modify the acreage. That is all we're here to vote for. So that's my understanding, but I just want y'all to think about that. Mr. Horsley. Mr. Horsley: I agree with what you've said and you know, I'm very passionate about what all the speakers have said today, but really that's the only thing we are here to vote on is to divide that piece of property. And use the part that church is using and let the church do what they want to do with the rest. If they sell it, so be it. If the community wants to buy it and they can work it out, that's fine too. But that's their decision. I think that's all we need to stick to. Mr. Alcaraz: Mr. Parks. Mr. Parks: Yeah, I just wanna echo both of those. I mean, I've did my entire graduate thesis on sea level rise and how it affects Hampton Roads. I was integral to City of Norfolk with their flood planning. I was a part of all the talks, the Dutch Dialogues. So I understand all your concerns, but like they're saying, we're not here to discuss filling in the lake. That's not what was presented to us, so that's not something that we can vote on. I do agree with everybody that came up and spoke. I think everybody has a right to be concerned with flooding. It is a huge deal for the city, but I also think that that's the conversation that's gotta go higher than this board. We are not equipped to handle that kind of discussion here, and that's not what was being presented as a part of this application. Mr. Alcaraz: Thank you. Any other questions or discussions Mr. Horsley, no. Mr. Coston? Mr. Coston: I'm at [Inaudible] [02:28:14] between like everybody up here because of what's going on, but my church had to sell property last year, and I'd hate to be in the position where I'm telling somebody they can't sell what they own and I'm going to have to rely on staff and those who oversee what gets built and make the requirements for how that piece of property will drain. Now, I've been told that, Virginia Beach has the most stringent water restrictions when it comes to runoff of anybody on the East Coast that's what I've been told. So, I expect that I have to trust our staff, that they will remedy or take care of what is to happen on this property with whomever purchases it and whatever they do with it. • Mr. Alcaraz: Thank you. Mr. Clemons? Mr. Clemons:Yes, I'd echo many of the remarks that have already been made, and I want to thank all of the members of the community, who came out to-rebut this application. I have many of the same concerns that you all expressed pertaining to the runoff and, you know, all of the other associated issues around that. At the same time, I know that it is important for us to take a look at this and I do recognize the fact that we do have limited input with respect to that matter. But I would urge the community to be as vigorous before the City Council as you have been here and I thank you very much for that. Mr. Alcaraz: Thank you. Any other comments? Ms. Cuellar? Ms. Cuellar: I wanna thank all of the residents who came out today and everybody who wrote, especially wanna thank Wendy Crutchfield. She spent time with me, sharing her memories and learning more about Great Neck Estates. I have a contrary view because I believe as a commissioner we also have a responsibility to make recommendations on the plans of what we want our city to look like. Most everyone who spoke today told me they were homeowner. I'm a homeowner. I'm humbled by that. So rights of property owners are very important and it's becomes more complex for me today, as I've thought about this application and as I sit in Focus Groups for our comprehensive plan, I hear a lot of conversation about stormwater management. I hear conversation about protecting ecosystems and open spaces. So I will not be supporting this application i.n moving forward. Mr. Alcaraz: Thank you. Mr. Plumlee. Mr. Plumlee: You know, I contacted the VMRC, I checked into the wetlands position of this. I checked into the Chesapeake Bay Preservation Board position in this, and it appears that this particular property and these waters,are the subject in some great respect of what we're looking at. We are the planning commission. We look at the ' broad picture. We have to take a broad view from time to time that means looking at what occurs if it is R-10 and there is no hearing that follows on, whether it should be R- 10, then if its modification is allowed, then they will have a right to develop R-10, so that is the fact. We may not be able to solve the problem. I agree with that statement by Mr. Bourdon, but we're giving a recommendation to Council is what we're here to do, and we're to say what we think should happen along with that and I think there should be a solution to preserve the BMP for these folks that's my position, might be a minority position on this board at this time, but I have to give my recommendation that I feel comfortable giving and I think that's where I fall on it. Mr. Alcaraz: Thank you. Anybody else? Mr. Anderson, go ahead. Mr. Anderson: Thank you. I was one of the commissioners that we were able to do a site visit a week ago and I concur with Holly that it, you know, it's a beautiful site. It's, you know, we have to do, we do have to look into even though, you know, we were only supposed to vote on the zoning of, you know, reducing the property. Consciously, can't move forward with approving this, you know, I would have to vote no. Mr. Alcaraz: Okay. Thank you. Ms. Estaris you have something to say? Ms. Estaris: Yes. I applaud everyone for coming out. I know it's difficult to fight for something you really believe in. I wanna thank the little girl that was up there. Her arm must be hurting, holding that poster wherever she is, she is left but thank you for the support. I appreciate that. As one person spoke, he said you beg to differ that our task was easy. It is not easy.and it is not a rubber stamp back here. Some of you have said that probably from the previous commissions, but I can tell you, every one of us believe and read all that has been submitted to us and it takes a lot of time on our part to review your letters, your emails, and to hear your voices. There has been a lot of information was submitted today especially from Ms. Ronna Marsh, who has shared information I was not privileged to or acknowledged, but we do rely on our staff to give us information, to submit the information so that we can make the decision that we have to make and reviewing the evaluation, the recommendation and to know that our decisions based on the reduction of the space. But that alone, as Holly has shared also, is that we also are part of the comprehensive planning. What is our vision? I served on Envision 2040 for six years of my life, and so I do have a stake, so to speak, on how this city is to look like in 2040. So, I too am in disagreement and will not go forward with this as well. Mr. Alcaraz: Ms. Byler. Ms. Byler: Good afternoon. Thanks for coming out and thanks for your voices, all of you, including attorney Bourdon. So, I'm a property owner also of both commercial and residential and I respect the rights of property owners. I teach this at the law school and when you own property, you have certain rights that come with it, right to use it, the right to convey it, and that's near and dear to my heart. And I've heard some pros and cons and I don't know if I'm gonna be deciding vote here or not, but I'm concerned about that. At any rate, I've read the application, I read the city reviews, and I've spoken with the staff member that reviewed it in detail. I have walked the site, I've looked at the videos, and this is a tough one, and somebody made the comment. We know how you got up here and we know who appointed you. And I'm not exactly sure what that meant, but I will say I spoke with the person who nominated me, the member of City Council, and I said, before I go in there to hear this, do you have any words you wanna share with me? And she said, do your job,. I trust you that's why I nominated you. Vote your conscience and that's what I feel I need to do. I also, like most of the other members here have participated in Focus Groups for the new comprehensive plan. And over and over again you hear resiliency and open space and a sense of community. These are real issues for our city, and if I'm going to cast a vote that is going to affect the future, I have to vote my conscience. Yes what's before us is just to modify the use permit and to remove this portion of the land from the use permit so that it is no longer for religious purposes. But I see what will happen next? It's like a chess game. There's one move and there's another that follows and I'm sorry to the applicant, but I cannot support this. Mr. Alcaraz: All right, thank you. I think everyone's given their opinion and I need a motion. Mr. Horsley: Mr. Chairman, we've hashed over this a lot and we've heard it from many speakers, and I think to do our job today, I'm gonna make a motion that we approve the application to allow the property to be divided so that the church can sell it if it needs to. Mr. Alcaraz: I have a motion by Mr. Horsley. I need a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: The vote is open. [Irrelevant conversation]. Mr. Alcaraz: Thank you for coming. We're adjourned. Oh, no, I'm sorry. We have one more, one more. Number 12. Madam Clerk: I need to read this into the record. Mr. Alcaraz: What's that? Madam Clerk: I haven't read it into the record yet. By a vote of four to six, the motion does not carry, which I believe means we need to make another one. Mr. Alcaraz: Sorry? Ms. Wilson: We never heard Kids adventure. Mr. Alcaraz: No, we're still on this. I need to make, do we need to make a motion to deny? Madam Clerk: That motion didn't carry; he made a motion to approve. Ms. Wilson: Well, if a motion didn't carry, then it's a motion for denial. Mr. Alcaraz: That is? Ms. Wilson: Mm-hm. Madam Clerk: Okay. So, by a vote of six to four, the application has been recommended for denial. Ms. Wilson: The application was not approved by vote of four to six. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson NAY Byler NAY Clemons NAY Coston AYE Cuellar NAY Estaris NAY Horsley AYE Parks AYE Plumlee NAY From: Michelle Conti To: planning Administration Subject: Wycliffe Subdivision permft application#20222155 Date: Monday,July 17,2023 12:29:29 PM Attachments: IMG 1364.PNG CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I write to you on behalf of all the wildlife whose habitat is in jeopardy. The environmental study conducted by Bay Environmental failed to mention us. We are here and we are counting on your support. n F \ ,t, ., 1 40W ;.' 9 r" V 1e, .;/+1 I� a`,;' :I_ ' Ili From: Michelle Conti To: Marchelle L.Coleman Cc: Marsh Rona Subject: Propose Wycliffe Subdivision DSC File#J04-016808-EP Date: Thursday,July 20,2023 12:25:22 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. I am writing to you to bring attention the following concerns so they can be addressed at the Planning Meeting scheduled for August 9,2023. Bay Environmental Inc.'s Wycliffe Subdivision Project Description contains errors. Specifically the The Joint Permit Application has two items that need further attention. Item#7 Historic Resources Information: Historic properties include but are not limited to archeological sites,battlefields, Civil War earthworks,graveyards,buildings, bridges,canals, etc.Prospective permittees should be aware that section 110k of the NHPA(16 U.S.C.470h-2(k))prevents the USACE from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it, allowed such significant adverse effect to occur, unless the USACE, after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. The proposed development site has an adjacent historical property which is acknowledged. It incorrectly states there are not any structures on the building site over 50 years of age. The A-frame was built in 1966. There is also a bridge on the property that predates the A-frame and has been used for the totality of its existence by the neighboring community. A survey has not been completed to depict the historical structures and protect their integrity. The proximity of the proposed development has a negative impact on the historical structure. The absence of historic district status may be a result of not applying for it. Item#5 Public Notification has not been completed. With regard to the Modification of Conditions application,the position that is stated is the church has not used its excess property for any religious purpose for decades. An outdoor stadium style seating area and cross exist on the proposed development site. Respectfully, Michelle Conti Ir N . • 4 7C • f6 +�. -fin J- ,.ty-�'f h <� '•,. �.!�X , 7 "!-._• A. rC. j . / ` y • r •„e , • , Alp. . . . . V '' Atkel ii:‘,.._.A,..., „. .,t,....4 • ,. iti,. . . . . t , cy �. • ::' P + i Y, .;: i wr , 1. f ,' :P',�'`r 1��c ''it I' ' , ��'41` �, ,i• r 4 • it , !I rt { t• A 1.•2' , ram` e'''io .4 + 'e.: .* k` P t ' Iw- s _ i 7 1 • f ,, /'` ., it i •••'f ter''` J - • .. ../ • -oil : . .*: 1' ....., i ,., ... .. 4' • • Ir'4 li ' ' 4,..,47,r, ,.., AP "e.....-• _ _ift,.. . 7�., . , ... 441F ...,... - , , . . s.. , ... .., 4 • 4,, ,„ ,, .11 -,. ... ,-4.I. . ..if '• 4 i t4 '1" ' . . . ,.. ,.,. 1,.,,,, „ .,, . ' ',,..-....:' 4-17"'" k • -- ' - i e #.10° ".. • se IS". 414 ' A. I. ....,,i. ....It... .1r,iii ,jr. , .. t + • ,�,, r . r• / Ems' i• MAP• r4- - ' 'k" - -4.***••T „..14 ,... 4 . .. tliii 1 • • / girt— f ram. • { T�`' +`w r'!,� 5' ,rt '*. i 1��. ,��,r 4 t1� ••,, •i n s •_ »s ,4. .. , ,r ry ; yj r + ■ - ,I �/ w+v .pitt. ; .. !— :1 • s'• � +;` i:?4. 11 . R _�'+, .le ,- • ' X I, ,•- 1 W._ -. . • , "t ter.. '- '* .. : .r: 1,1 L, -._.,,tolt4,#),,. • .. w +1 to • • �':eie,,,,°. �. rtr E, #...i , •t. •may • r` _ _ R. r '.♦ �.r. i • „ A' ... Wycliffe Presbyterian Church y sou ssciI Vsi/ArsOuet who %ailed WydI recently in ttetn:li d peg ciilben's activities,you'll be hippy b blow Ilrt Wydlle also vrdconw seas nib warm lit owtsvp a tl nrelrrirphA mess br source! awn(wyclitlaweebylinunce8 tar 28 d comments 3 snores aUr oc.MMINOR 84taW From: Michelle Conti To: Planning Administration Subject: Proposed Wycliffe Subdivision Permit Application 20222155 Date: Sunday,July 16,2023 5:46:00 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. All concerned, Building on Lake Conrad and watershed at N Great Neck Road and Millwood Road should not be permitted. The lake is vital part of Virginia Beach's watershed. It is home to a large variety of wildlife including turtles whose lives span decades. Setbacks that reflect the importance of both should be in place when considering development. Michelle Conti • From: Gail Hilder To: Planning Administration;citvcouncilftbaov.com Subject: Lake Conrad and the Watershed at Great Neck Road and Millwood Road Date: Sunday,July 16,2023 7:41:02 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To All Concerned, One of the latest,proposed projects by a housing developer,is infringing upon Virginia Beach's beauty,nature and ecosystem. The project I speak of is Lake Conrad and it's watershed,situated along Great Neck Road behind the Wycliffe Presbyterian Church. This area,currently owned by the church,is home to egrets,turtles,dragonflies and a host of other lake inhabitants that will be killed and/or displaced if this building proposal were to move forward as is. Twelve new homes are slated to replace our wildlife and their habitat. Being a life,long resident and property owner in Virginia Beach for over 60 years,I am against this project moving forward. Virginia Beach must maintain the lake's integrity,and the inhabitants such as the turtles,who have called Lake Conrad home for over 50 years. Less housing could be proposed,leaving the lake and some of the surrounding grounds intact,so that both could coexist.City council is elected by the people to protect all residents and their environment,which includes our wildlife! Please do not allow this project to be approved as proposed! Thank you for listening. Sincerely, Gail C.Hilder Resident of Virginia Beach,VA From: beachlifefour(aamail.corn To: plannina Administration;citvcouncil(avb.aov Subject: Wycliff church property Date: Sunday,July 16,2023 4:57:13 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I am opposed to the filling in of the lake/wetlands.I don't even understand how this could even b an option which would destroy the ecosystem,endanger wildlife&fill in a needed drainage area.Please oppose! Paula Berenson From: Marchelle L.Coleman To: JM1archelle L.Coleman Subject: FW:Wycliffe Proposed Development Date: Monday,July 17,2023 11:10:53 AM From:Windy Crutchfield <windy.crutchfieldPgmail.com> Sent: Friday,July 14, 2023 2:30 PM To: Seth L. Edwards<sedwardsCavbgov.com> Subject: Wycliffe Proposed Development 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. Mr. Edwards, I wanted to share with you this map of the area being reviewed for possible 12 parcels. This is Great Neck Estates in 1964 per USGS maps, showing Lake Conrad 2, the proposed infill site, and part of the continuous Lake Conrad / Great Neck Lakes system. Notice the blocks that symbolize homes. The land may have been zoned R-10 but it was NEVER subdivided for parcels. Note next the houses across the street in the front of Great Neck Manor. Those homes do not exist. The City eventually took that land, but I don't know why. But at the time these neighborhoods were developed, the city agreed that this was good land use. Never was the LAKE considered a buildable parcel. Never should it be!! I believe that the city council should make it clear to this developer that they will not consider changing the land use from church use to 12 home parcels!! There are no upsides to this for VB citizens. Thanks for including this in your department's consideration when presenting to Planning and Council. Have a great weekend! Windy Crutchfield, resident of Great Neck Estates and home owner on the downstream Fairbanks Cove of Lake Conrad. ` ' , • r "v„.."-----0„,- .. t 4 , • l4� ESt4tig S 0 I a • 41. - 41 . 4;•\\ .•10, 16. • )t MIL•b_____ at IF * • • ••.• �• • • A • • • • ' •r • � r ' • • • • . -: •• • �, # I I • • . •• • •• . MI 1 ' • • •: •_ • •. • .# !I �• f ♦ __ 0 I II I I ; ' • , ..?"11‘11 I ) s • •„ * 1 Or : Iii ;11. ( i ii. i B A ,- • . # ./7; :41 I.1 : ot,,,1 Si iox L ip, .,..... 410 lb * . �� . From: Joanne Filion To: Marchelle L.Coleman;City Council Subject: Wycliffe Property Date: Thursday,July 20,2023 9:31:38 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. Please,listen to the citizens and your constituents,whom you represent,and do not approve filling in a pond and building yet more houses on the beautiful Wycliffe property. I don't know why we continue to create more and more flooding problems by filling in natural drainage areas in favor of concrete. I grew up here and while VB has grown and grown,with no end in site,it never had the flooding problems we have now. Secondly,I really hate the thought of disregarding the beautiful nature back there and destroying it for profit,again and again. Don't ruin every last bit of what makes a beautiful city.Natural areas are important ecologically,visually and functionally. Thank you, Joanne Filion 2789 Broad Bay Rd VB 23451 Sent from my iPhone From: Andrew Broyles To: Marchelle L.Coleman Subject: Wycliffe development ipposition Date: Thursday,July 20,2023 10:42:29 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. Please put me on record as being opposed to this project. 1 am an owner at 1533 Custom St in GNE. The church had established no hardship to revert their CUP and is simply cashing in. Building houses and streets in top of a drainage pond is not good for drainage or sustainability-- Andrew R. Broyles Class A 023839 General Contractor "Since 1978" *Additions *Kitchens *Baths *Fences *Decks *Whole House Remodels*Carpenter*Real Estate Investor Call Or Text 757 6212082 3604 East Stratford Rd Va. Beach, Va. 23455 andrewrbroyles@gmail.com From: Sandra Weaver To: Marchelle L.Coleman Subject: Wycliffe Subdivision Date: Thursday,July 20,2023 12:14:16 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. Please count me as opposed to the Proposed Wycliffe subdivision project. It would be a shame to destroy more green areas in our city to justify greed and increasing housing and population to add to the burden to our schools,roads and utilities. Thank you, Sandra Weaver 2313 Windward Shore Drive Virginia Beach,23451 757-434-0492 From: Michael Provost To: Marchelle L.Coleman Subject: Disapproval:Wycliffe Wetlands and Lake Removal Date: Friday,July 21,2023 8:10:32 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. .. Ms. Coleman, It's my understanding Wycliffe Presbyterian Church at 1445 N Great Neck Rd,Virginia Beach,VA 23454 desires to sell four acres,which include a sensitive wetlands area and lake adjacent to their church.The purpose of the land sale is to build 12 new homes. Please respond and acknowledge my respectful opposition to this proposal due to the obvious negative environmental impacts, and loss of precious green space.The International Panel on Climate Change's evidence for Global Warming is undeniable. We must protect and increase green space and wild areas globally in order to limit the negative impacts of Global Warming. This lake and wetlands may not seem important, but they are crucial to larger US efforts. We must protect the Wycliffe wetlands and lake for future generations of Virginia Beach residents. Best regards, -Michael Provost Founder and Executive Director Vessel Disposal and Reuse Foundation 757.985.5248 r From: Mrs M To: City Council Cc: Marchelle L.Coleman;Holly Cuellar;Patrick Duhaney Subject: Flood Risks and filling in Wycliffe National wetlands for 12 houses Date: Friday,July 21,2023 3:06:00 PM CA UTION: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. Councilmembers and VB Planner Marchelle Coleman,and Holly Cuellar Planning Commission: There are continuing concerns about flooding including problems that could occur building 12 homes over Lake Conrad2,the National wetlands lake next to Wycliffe Church on Great Neck Road.(Think Asheville Park$11 million to fix homes being flooded after developer left). 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FLOOD RISK IN A CHANGING CLIMATE IMPACTS TO HRSD ' S FACILITIES ROAD, •: �� MAY — • FLOOD MAY 2023 i' l hips://www.hrsd.com/sites/default/files/assets/Documents/pdfs/Engineering/CCPS_Report_2023.06.09.pdf I am opposed to building on National Wetlands Inventory.Flooding is supposed to be a priority of Council,not creation of another development that Taxpayers will be at risk of paying for fixing the flooding issues. Rona Marsh Thalia District 8 cell/texts 757-270-7900 From: GS Passari5 To: Holly Cuellar Subject: Opposing Wycliffe Bishard Homes Developmeny Date: Thursday,August 3,2023 6:22:38 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. Hello- I am a long time resident of Great Neck Estates, (48 years) and although I understand that the church is desperate for money, allowing a developer to build homes on top of WETLANDS if not acceptable. I strongly oppose this development project as it is going to further destroy our open green space and the beautiful wildlife that lives in the front of our neighborhood. Not to mention, the pollution and lower water quality that will make its way to the Lynnhaven Rivers and eventually to the Chesapeake Bay. WHEN WILL CITY COUNCIL LEARN TO STOP KOWTOWING THE GREEDY DEVELOPERS IN OUR CITY. We will look like Detroit before you know it. Regards, Ginny Passaris 8/3/2023 In the near future the Council will be presented with a proposal by Wycliffe Presbyterian Church on North Great Road to sell approximately 50 percent of their open space property not now being used for its intended purpose of religious activities.This land fronts on Great Neck Road at the intersection with Millwood Road in the Great Neck Estates neighborhood.The developer plans a high density build of 12 houses on the property with each lot being 10 thousand square feet. The church entered into the contract with the developer without any known public announcement or awareness by the residents of the 150 homes in Great Neck Estates and Poplar Point which borders the church property immediately to the north and east or any other known residents in the greater Great Neck corridor. There are several problems with the proposed development that would be of significant interest to you considering your historical concern for loss of open space, increased flooding potential, damage/loss of wetlands, loss of bird,wildlife habitat and native/natural plant material. 1.Two of the houses will be built on land created after 2 lakes/retention ponds are filled. 2. Historical properties on the site will be demolished. 3. Loss of scarce open space in the densely populated Great Neck Corridor.This space could be acquired by the city for recreational use, particularly by the increasing number of senior citizens who live in the area. 4.Additional vehicles added to the already;dense traffic on Great Neck Road which is increasingly. hazardous to children and adults trying to cross this this 6 lane high speed road with very limited cross walks and traffic lights to access schools, churches,medical services, and shopping centers.There have been several fatal traffic accidents on Great Neck Road in recent years. 5. Potential for increased negative impact on the area marshes,the Lynnhaven River and the Chesapeake Bay. Your consideration of this issue and denial of the proposal is urgently requested. (There are other options available to the church.) Sincerely and Very Respectfully, John A. Carbone, Captain USN Retired 2142 Cedar Bark Rd VAB 23454 757-481-5847 From: julia cherry To: dhHorselev(@vbaov.com;Marchelle L.Coleman:)ohn H.Coston;Bryan Plumlee;George Alcara Subject: Fwd:Wycliffe Development Date: Friday,August 4,2023 10:04:50 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. Sent from my iPhone Begin forwarded message: From:julia cherry<jmcherry29@icloud.com> Date: August 4,2023 at 9:14:27 PM EDT To: planad@vbgov.com Subject: Wycliffe Development Greetings, I'm writing in opposition of the development proposed by Bishard Homes on the current Wycliffe Church property. I live in the Great Neck Estates neighborhood at 2408 Cedar Bark Rd. I strongly oppose the filling in of any part of the wetlands or Lake Conrad 2. Our neighborhood is a flood free zone. We depend on the almost 4 acres of green space filled with beautiful trees and flowing waterways for a natural flood protection. It works very well and does an amazing job holding the rainwater. Today was a perfect example of how much water runoff flows into the storm water system in place. I have videos and pics of the water flowing over the dam from today's rainfall. Please do not approve the Bishard plan to fill in any part in order to fit 12 homes on the Wycliffe Church property. Regards, Julia Cherry Sent from my iPhone From: )im&Calmetta Allen To: City Council Christopher Taylor;holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Bvler; Georae Alcaraz;Brvan Plumlee;John H.Coston;dhhorselev( vbaov.com;Marchelle L.Coleman Subject Wycliffe Development Oppositional Meeting-Agenda#6-Wednesday,August 9,2023 Date: Saturday,August 5,2023 2:45:28 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. Mr. and Mrs. James T. Allen 2372 Great Neck Circle Virginia Beach, VA 23454 jallen182@verizon.net Good Evening City Representatives, My name is James T. Allen and I have lived with my family in Great Neck Estates since 1985. We have a quiet neighborhood that many would aspire to live in; however, that may change if the property owned by Wycliffe Church is sold for development. It is our understanding that the church is in the process of selling (or has sold) some of their property, and the storm water drainage pond on that property would be filled, in order to build houses upon this area. Homeowners in Great Neck Estates already experience drainage issues that result in standing storm water runoff for several days. It is present on streets and driveways, and filling in this storm water drainage pond will create massive flooding issues for the existing neighborhood. I am sure our community will suffer if this housing development plan moves forward. Please give serious consideration to this issue. Thank you for your time, James T. Allen Jim & Calmetta Allen jallen182@verizon.net From: )ill Walsh To: Marchelle L.Coleman Subject: Opposition to Filling of Lake Conrad Date: Sunday,August 6,2023 10:42:20 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, I wanted to take a moment to voice my outrage over the proposed filling of Lake Conrad in . Great Neck to build new homes. Our wetlands should not be jeopardized for the sake of new housing. The environmental impact and impact for potential flooding should be considered. I oppose that the request to return this lot to housing be denied and that we protect our wetlands at all costs. The property should be preserved as it has served Virginia Beach for generations-as drainage & Green Space. Jill Edsall Sent from my iPhone From: dimoervento(agmail.com To: City Council;Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Bvler George Alcaraz; Bryan Plumlee;John H,Coston;dhHorseleY(&vbgov.com;Marchelle L.Coleman Subject: Filling in lake on Great Neck Rd for housing. Date: Monday,August 7,2023 9:49:03 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. Good Morning, Please do not allow the stormwater lake off Great Neck Road to be filled in to built houses or anything else. Thank you. Debbi Impervento A Concerned Citizen Sent from my iPhone From: J I -Smith To: )roan Plumlee;City Council;dhhorselev(avbgov.com;George Alcaraz;Holly Cuellar;John H.Costort;Kathryn Bvler Marchelle L.Coleman;Michael Anderson;Michael Clemons;Naomi Estari Cc: Deanna Steoanovich;Jesse Meador(Deanna);Robert Ianucci;iulie.blanchard aaverizon.net Subject: Fwd:Lake Conrad and Storm Water control critical during/following heavy rains:Laurel Cove Date: Monday,August 7,2023 10:01:48 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. Please see the photos of neighborhood entry area to Laurel Cove neighborhood. Do not approve 'fill in' of Lake Conrad (part of Great Neck Lake)! Severe rains and Flooding have increased across our region AND across the US.Virginia Beach, and most communities are requiring INCREASE in storm water mitigation, NOT reversing with 'fill in'for builder convenience. Hundreds of home owners and personal property, including potential of threats to life due to rapid flooding of our Great Neck/Laurel Cove/Lake Trant neighborhoods would be costly and life changing by'filling in' Lake Conrad -or any other Great Neck bodies of water. I request that these photos be presented to the Commission meeting on Wednesday. I will be in attendance, along with others in my neighborhood. Kind regards, Lisa N Smith 1301 Willowood Ln Virginia Beach,VA 23454 757-572-0999 Forwarded message From: Lisa Smith<lisanovasmithPgmail.com> Date: Mon, Aug 7, 2023 at 8:40 AM Subject: Fwd: Increased road flooding during/following heavy rains: Laurel Cove To: Lisa Smith <JisanovasmithCalgmail.com> Forwarded message From: Lisa Smith<lisanovasmithPgmail.com> Date:Tue, Aug 31, 2021,4:21 AM Subject: Fwd: Increased road flooding during/following heavy rains: Laurel Cove To: <PWCIrks(Wvbgov.corn> Photos of the Laurel Cove street 'flash flooding' in 2020. Can also send the recent 2021 pic, if needed. 'y< '.at , ' ..• t\. L,.' -, ,r„ ot It ) !� t£' 1 l• � ,i,.- ,i iil ) w A , •J � 1 _ I .. i .e,* 1 ' �( iti 1 y.. t ',13's ! ' x • lib>,,! , ,` , : ' AEI 4 ti, y \. Mt IOf i ' �~ iI '.. \ (' ,r.. '' 1• a 1 f I x W k,. 1 6 14 ' ' ' i i ` . � A x f -# 4•••,,' .0:4"-- r. `1i , 11 •r V � , , t 4 • 1• W4 14'1 "-4.:-..*'-c --4 ,. � _�;r..(�w f m 1 � 1 < f r w \tip f i � ,: y ri - - ., a ate Ar <.. • �.�.. WTI• • • .� �J. 1 :a; :,R + fi; f ;I �• • - k,.. e"" . y 4 ,' fit' tR x, Alit 1, ,. f ! '1, .17:k, ; a • •• 4 rac 11- _ir', I I - }• ffffff .• r t ' + 4 , It",+a� LURIAr - ti rwt i' • 1/'r '4w 14 r, F. ' �...+�r r r t f \'''t`',)-7` . 1 -i Vi e.. ,.f " ;,,' . Ati ft4f, .t y . f1 ;'.' ��-? i ^Arl 1 R• - F 9.- -� - oar. 41 :;e S �! tilai.4 ,..v..>1.01.4.101*';- yF 6 _ .� ,. ate vim,-�7 t' l� ,, r From: Windy Crutchfield To: Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Byler;George Alcaraz;Bryan Plumlee;John tL Coston;dhHorseley[a vb9ov.conl;Marchelle L.Coleman Cc: City Council;windv.crutchfield(agmail.corn Subject: Agenda Item 6 Wycliffe Modification of Use Date: Monday,August 7,2023 11:03:16 AM Attachments: Wycliffe CUP Exhibits.ong CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I wanted to express my concerns for information not included in the Staff Report, which I believe to be pertinent to your decision this week on the Modification of Use application.Wycliffe's request is directly tied to a proposal by Bishard Homes to fill in Lake Conrad 2 off of Great Neck Road. Photos of the natural setting were omitted from this report that provide a better understanding of the concerns of residents. The City has been doing a great job in upgrading systems and trying to mitigate flooding problems in our city in response to the Dewberry Report and through funding from the Flood Protection Program, and I believe that if this lake is filled in, it will cause great harm to the downstream residents,the Great Neck community, and Virginia Beach. I am a property owner(early 1970s) downstream from Lake Conrad 2, part of the 3 connected lakes system known as Great Neck Lakes, formerly a finger of the Lynnhaven River that stretched all the way to Great Neck Road. Lakefront owners are organized under The Great Neck LAKES Association, known to the city formally as Lake Conrad 1, 2, and 3. Exhibit A is a rough sketch added for ease of understanding. Precedent: We are not the only interconnected lake system in Virginia Beach created by damming off fingers of the Lynnhaven River and integral to effective stormwater drainage. I am aware of a precedent set in 1991 when the city prevented a land owner from filling in a lake, presided over by our current City Attorney Mark D.Stiles. Pleasure House Lake was a privately-owned 4.6 acre lake getting regulatory approval to create parcels on the lake,when the city stepped in and restored it to it's use as part of our city's necessary stormwater drainage. It is currently undergoing repairs to it's outfall as part of Phase 1 of the Lake Bradford/Chubb Lake improvements. I contend that this ruling should be upheld by your decision this week to not approve residential housing on a natural wetland area. Conditions for Issuance of CUP: Staff informed you in their background report that the CUP was granted by the City in 1966. Important in that statement is that the Church Use was granted because it was a benefit to the city because it retained the stormwater drainage use that had been in place when Great Neck Estates was developed, pre-dating Wycliffe Church's use of the property. Highlighted below from the 1950s are the drainage easements. (Exhibit B) In addition,the CUP was also granted at that time because it served as a benefit to the residents of Great Neck Estates.The green space buffer off of Great Neck Road included a bridge connection between the Great Neck Estates neighborhood streets of Millwood Road and Poplar Point Road since the 1950s.This path also served the neighborhood residents who attended Wycliffe Church.To date,the path has not only been been used continuously by residents to get to church, but also to visit neighbors, walk dogs, swing little children, and to sit at the church's outdoor sanctuary to have a moment of solitude and prayer(especially during the pandemic).The community has added a volume of photographs to the VB Great Neck Communities Facebook page taken over the decades that we have been welcomed by Wycliffe Church to enjoy their beautiful grounds and to come to church! To remove the CUP now in order to fill in a lake for private homes does not in fact comply with the principles outlined in the Comprehensive Plan and removes a public enjoyment and need. (Exhibit C) City Investments: Our city has invested heavily in this property over seven decades of growth and to consider any plan that would destroy this storm water management facility(SWMF)would be to turn our tax payer investments over to a private land-owner. Besides expanding the drainage pipes to Lake Conrad 2,the city has removed trees, dredged the center of the wetpond, conducted water quality studies and prepared for the installation of a federally-funded hydrodynamic separator to improve these MS4 Receiving Waters.This is a well-working SWMF which includes 140 mature trees and almost 3 acres of soil and 1 acre of a lake,and despite that still needs the addition of a filtration system.We need to stay focused on improving the city's stormwater systems rather than removing effective retention systems. The Modifications should be denied if they will result in destruction of a SWMF asset. Staff Recommendations: I ask for some assurance that the Previous Conditions outlined in the Staff Report will run with the land. Staff recommends the Utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site (1988 MDC).The city made commitments to residents of Virginia Beach in the Flood Referendum of 2021 that they would not approve plans that added to the demand of our stormwater drainage system.This plan would directly impact the volume of water flowing into Fairbanks Cove. Currently Lake Conrad 2 and it's surrounding three (3)acres is the BMP for Great Neck Estates and the BMP for the Great Neck community as a whole.The destruction of an existing SWMF is in direct contradiction with city objectives. If you approve this Modification,I ask that you incude a proffer that the SWMF is excluded as buildable lots. Staff also recommends a 25' dedication for the widening Great Neck Road be retained(1966 CUP). If you note this map from 1964,five parcels, owned by the City of Virginia Beach, zoned R-10,exist as a buffer between Great Neck Road and Great Neck Manor, directly across the street from this site.The Staff Report identified these as "undeveloped lots" but the City Zoning office and real estate office confirmed that they are not buildable lots. If you approve this Modification, I ask that you include a proffer that this buffer will be enforced. (Exhibit D) Staff further recommends that land disturbance be kept to a minimum (2000 MDC).There are currently 140 adult trees and the replacement ratio per the city standards is 3:1.The Great Neck communities will not benefit by these trees being replaced outside of this area. Reforestation should be required in the same area of disturbance. I ask that you include a proffer that fulfills this standard if the Modifications are accepted. Lack of a government survey: The Contract Purchaser is obtaining permits based on the lake being less than one acre, using their survey(submitted with this application).Since the "less than one acre of impacts" is a critically important criteria in this plan to fill in Lake Conrad 2,the city should have an independent survey done to measure the lake perimeter.The existing dam was constructed utilizing the last recorded city survey done in 1899.At a minimum,you should defer a decision on this Modification until a government issued survey is done on the land. In Summary: Staff recommended approval of this application on the grounds that it, on it's face, will not have negative affects on the surrounding community. However, it is currently under contract for purchase by a developer who will remove a city SWMF.We have grave concerns about flooding downstream and on Great Neck Road. In addition,the housing development will remove an asset that has been used continuously by the public for seven decades. Finally,the precedent was established in 1991 when the city prohibited the development of parcels on Pleasure House Lake and bought the land that is currently part of the Flood Protection Program improvements. Developing a new subdivision abutting Great Neck Road, destroying a SWMF, eliminating a natural area that connects two streets in Great Neck Estates, and removing a public asset that has been enhanced by city, state, and federal funding just to serve the interests of a developer is not in our best interests.You should oppose the Modification of Use if it is attached to any plan that undermines the policies and goals set forth in the Comprehensive Plan, as this one does. I appreciate your time in understanding the full implications of your recommendations to City Council this week. Thank you respectfully, Windy Crutchfield, Great Neck Lakes home owner (757) 646-8056 Exhibit A ,, cµ.,, Exhibit B T)tfryLay w dli 8.0 ,,; ,,+. A� kicky, ekes/ 44. , 1 1,1.\, l.4 Cc,nrok I A e'! ti,, Y + MI•W.•r I 1 LA Le—Gru1, I \\ • to I.. t Ad"cows 0 LV/ )rY ii Exhibit C Exhibit D vg '' ''.Y.A. .,. . 1)10 ' • r, =2.41" ♦ t • 1 : i 4 . iI � 4t j •' — 4 , t I t - �� ♦ 11�t 1 ti , F� I I ► / I 1 •+ • • From: Michelle Conti To: City Council;Holly Cuellar;Naomi Estarig;Michael Clemons;Michael Anderson;Kathryn Bvler;George Alcaraz; Bryan Plumlee;John H.Costog;SlhHorselev(alvbgov.com;Marchelle L.Coleman Subject: Wycliffe Proposal Agenda item#6 Date: Monday,August 7,2023 11:53:06 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. As a 25 year member of the original Wycliffe congregation,the philosophy of the Presbyterian church doctrine compels me to speak up. We are called on to be active regarding social and moral issues including environmental concerns. As a Virginia Beach resident you only have to look around to realize the biggest threat we face is the one our sister city Norfolk is drowning in,water. It is constantly in the news and our leaders promote ways of dealing with flooding and standing water. Our city actively promotes retention ponds as a formidable tool to combat stormwater runoff. As a city we have spent countless dollars to stay above water. Building infrastructures that include drainage are a large part of our public works budget. Having a natural watershed is a priceless blessing. Our watershed was even dredged to maintain its integrity. The idea that we would fill in a longstanding natural watershed easement in order to build 12 more houses defies logic. In addition to filling in a lake,the removal of 140 mature trees will only exasperate the issue even further. The cost and effectiveness of pumping solutions increases the drainage and financial liability problems for our city. This decision should not be driven by the monetary income it creates for the businesses engaged in the transaction. The church has received over 60 years of tax relief and now is requesting a modification of use and boundary change to profit at the detriment of the neighbors and wildlife that call this area home and have for decades. The lake was here first and should be the priority in any encroaching development. The developer who has published plans to fill the watershed has a track record of over promising and under delivering on their prior projects and is viewed as a negative impact on completed projects in Virginia Beach. While the project may look possible on the paper plans,just because it could be built doesn't mean it should be built. There appear to be errors in the WA including use of an outdoor sanctuary, age of the building and bridge being greater than 50 years, and the submitted size of the impacted area. These items should be more closely examined for accuracy as it pertains to environmental regulations. I would suggest the city of Virginia Beach's large public works budget include regular maintenance of this watershed. The church could donate or sell the wetland portion of the property to its financial benefit and realize a goal while relieving itself of any ongoing burdens it may bear. It would set an example of responsible ownership and goodwill to its neighbors. After all, isn't that what it's all about? In closing,the city of Virginia Beach and Wycliffe Presbyterian church should practice what they preach. We cannot say one thing while doing another. We are all connected in the outcome of this application, let us make the common sense decision. Michelle Conti From: Emily McCrea To: City Council;Holly Cuellar;Haomi Estaris;Michael Clemons;Michael Anderson;Kathryn Byler;Georae Alcaraz; Bryan Plumlee;John H.Coston;dhHorselevCla vbaov.corn;Marchelle L.Coleman Subject: Regarding Lake Conrad Date: Monday,August 7,2023 3:26:12 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi! I hope this email finds you well. I am reaching out as a citizen of Virginia Beach to express my concern about hearing the news that there are plans to fill in Lake Conrad and that this may be made possible if the permit stating what the land can be used for is changed to residential. I am in my twenties,having grown up in VB most of my life, and I can see myself living here for many more years. Already I have seen a lot of changes in Virginia Beach and I support the development of our society,which I know includes homes. However,filling in a lake to create room for more housing is far from ideal and should be avoided at all costs. This lake serves as a valuable reservoir and drainage area, and provides a home to countless wildlife, including turtles, frogs,herons, ducks, foxes,raccoons,migratory birds, butterflies, and bats. An important part of keeping Virginia Beach a healthy and thriving place is caring for what's left of our natural landscape. Please don't sacrifice this lake for the sake of developers making more money to line their pockets. Thank you for your consideration. Have a wonderful day. Kind regards, Emily McCrea From: Lona Thibodeau To: jlarchelle L.Coleman Subject: Anti-filling in wetlands Date: Monday,August 7,2023 4:25:01 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. Hello,Why is the city allowing anything to be built on our wetlands.Filling in out wetlands =flooding.It's not rocket science.It's much cheaper to lose tax revenue from any new properties built on wetlands than deal with a major flooding issues.We don't want to become the next Houston with hurricane Harvey.But we will if you don't stop this CRAP! Thank you,Lona Thibodeau From: Tracy Este!) To: Marchelle L.Coleman Subject: Wycliff Church Pending property sale Date: Monday,August 7,2023 6:37:16 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. Please do not let this property and lake be filled in for development.We need that area for our areas flooding and need the open space in Great Neck corridor. Sent from my iPhone From: Lynn Mumford To: City Council;Bryan Plumlee;Holly Cuellar;Naomi Estarig;Michael Clemons.;John H.Coston; dhHorselevCalvbgov.com;Marchelle L.Coleman;Michael Anderson;Kathryn Bvler;George Alcaraz Subject: Save our neighbor hood.Great Neck Estates! Date: Monday,August 7,2023 6:40:16 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To the City planning Commission and City Council I write this email, to you all understand what negative effect it will have on our neighborhood on the decision for the builder to purchase land from Wycliffe Presbyterian Church to build 12 luxury homes on wet land! Why? My husband and I moved into the Great Neck Estates in October 2014. We absolutely love our home and the neighborhood. We had looked at new homes being built further south, Ashley Park developments... Boy are we glad we didn't buy there! Flooding issues by the same builder who is considering trying to build again on 'WET LAND!" Why? Who had to help pay that issue??? Us taxpayers.... The Wycliffe Presbyterian Church no longer needs to sell the land... They received a hefty endowment! There are plenty of existing homes to buy, sell, or remodel TheGreat Neck neighborhood, (or any neighborhood), does NOT NEED new development of homes. I ask you ALL to please hear our plea, Vote NO to this concept of filling in a lake of wetlands, just for a builder to make money. Prevent a future headache and :"oops" in the future. Thank you for your time and understanding, I run a non-profit organization from my home, it's a ministry of healing, and we, along with our neighbors, pray that you hear us... DO NOT approve of this selling of land in Great Neck Estates. LM 2417 Pineland Lane Virginia Beach, VA From: Kerstin Roland-Maintal Translations To: City Council;Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Byler;George Alcaraz; Bryan Plumlee;John H.Coston;dhHorseley(avbgov.com;Marchelle L.Coleman Cc: kerstin(&rnaintaltranslations.com Subject: Decision on filling in Lake Conrad-Aug.9 Planning Commission Hearing Date: Monday,August 7,2023 7:14:05 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I wanted to express my opposition to the potential decision to fill in Lake Conrad off Great Neck Road, which is part of Great Neck Lakes, in connection with the sale by Wycliffe Church and allow the area to be developed. The City has been doing a great job in upgrading systems and trying to mitigate flooding problems in our City in response to the Dewberry Report and through funding from the Flood Protection Program, and I believe that if this lake is filled in, it will cause great harm to the downstream residents, the Great Neck community, and Virginia Beach. Additionally, Lake Conrad contains abundant wildlife, more than 140 mature trees, 3 acres of rolling hills and a 1-acre lake that is designated as part of Virginia Beach's stormwater retention and drainage system. Approving this project would not only set a dangerous precedent, but also create more stormwater problems for the City of Virginia Beach. Our city has made extensive investments in this property for more than seven decades, and any plan to fill in this storm water management facility would turn our tax payer investments over to a private land owner. In its 2021 Flood Referendum, the city committed to the residents that it would not approve any plans that added to the demand of our stormwater drainage system. Destroying an existing SWMF would be in direct contradiction with city objectives. Thank you for your consideration. Kind regards, Kerstin Roland, CT (757) 463-5543 (757) 236-3576 (Mobile) From: Wayne Steitz To: Marchelle L.Coleman Subject: Building in wetlands Date: Monday,August 7,2023 7:50:38 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. Stop the insanity!Residents will hold you responsible for your actions if collusion with developers is discovered! You will be charged. Sent from my iPhone From: freitoddCalaol.conl To: City Council;Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Bvler;Georae AlcaraZ; Drvan Plumlee;John H.Coston;dhHorselev(@vbaov.com;Marchelle L.Coleman Cc: Windy Crutchfield;Todd Freischlaq Subject: Lake Conrad#3 Date: Monday,August 7,2023 10:59:26 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to share my experience of living in our neighborhood since 1998 and the current consideration of reducing the capacity of the city's stormwater management facilities regarding a proposal to rezone an area designated for Church use and allow a developer to build in the area. As I assume you are aware the Lake Conrad system of lakes were developed during WWII using POW labor to build dams for the farmers in the Hog Neck area of what is now known as Great Neck. The dams built held naturally flowing streams to create ponds / lakes to allow for watering of livestock. We still have barbed wire between some of the trees in our yard. The ponds / lakes were not built or designed to be part of a stormwater management facility. When we purchased our home in 1998 from the original owners they shared many photographs and the history of the area, one of them was an amateur historian for the city. As we walked the property they pointed out sinking areas around the dam on the property. The dam has continued to erode and the emergency spillway has continued to crack and fall into the larger lake. When we moved in Lake Conrad 1 was consistently 6 feet deep across the entire area 7 August 2023 Planning commission statement: Neil E Rondarf, 2420 Pineland Lane. Captain, USN, (RET). Citizen of VB scene 1999. i have several comments to make with respect to the environmental considerations of the Wycliffe Development which is background for this discus- sion. I do have some qualifications to speak on this subject For two years I was president of the Great Neck Lake Asso- ciation which represents 100 home owners of the shore of the lake and the waters adjacent to the Wycliffe property. During my tenure we began a sampling program in coopera- tion with the Lynnhaven Now and created an opportunity to clean the lake by Hydro- racking the coves and areas near shore. I studied oceanography at the Naval Academy and spent 27 years as a Nuclear Submariner with a constant fo- cus on environmental discharges. After retirement I was chairman of the International Cable Protection Committee which represented 97 % of the submarine telecom and pow- er cable mileage around the world and dealt with mainte- nance, installation and environmental rulings world wide. in addition, I was founding member of the international Elec- trotechnical Commission - Committee 114 which deals with the rules for developing all off shore renewable energy tech- nology and environmental elements of this industry. I was also a founding member of the Virginia Coastal Energy Re- search Consortium which began economic and environmen- tal work for off shore wind energy in Virginia. 1 . Since the water sampling program began almost 6 years ago, the Great Neck Lake has improved in stability and test result to the point that Lynnhaven Now reduced the sampling from 6 points to 3. This is due to the positive re- sponse of the citizens and them paying attention to runoff and waste, 2. Over the years the lake has had algae blooms to the point that the algae growth clogged the spillway to the Lynnhaven and during a major storm threatened flooding of the homes on the shore. The Hydro-raking cost the home owners thousands of dollars but removed tons of debris and silt which fostered the growth. in addition we have a treatment program done in the early spring to con- trol the algae to a great extent. None of this is financed by the city. 3. The developmentconcept being discussed includes a concept to fill in wetland areas to provide additional area for development. The Lake Association cannot more strongly oppose such an action. These wetland areas provide a buffer for for filtration and sedimentation settling that protects the health of the lake. We realize there is a concept to "equitable acreage" to be maintained in Vir- ginia Beach. Providing an equivalent wetland in Pungo does nothing to protect Great Neck Lake. The precedent of allowing wetland fill to provide acreage for development is a serious threat to the overall wetland ecosystem of the coastal area encompassed by Virginia Beach. Thank you for your consideration r Y Neil Rondorf 2420 Pineland Lane, Virginia Beach, VA 23454 IR . SY . ••. a, :'S^ .— :. .r+.. r fir• r.. ...y :'.:.!' From: Jennifer Snyder To: City Council plannina Administration Subject: Please Deny the Wycliffe Church Modification of Use Application Date: Tuesday,August 8,2023 9:19:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Members of the Virginia Beach City Council and Planning Commission, I am writing to voice my opposition to the application requesting a modification of conditions to fill in parts of Lake Conrad to create parcels by Wycliffe Church.My name is Jenny Snyder and I am homeowner along Shore Drive who frequents the Great Neck Corridor. The lake provides a natural solution for storm water collection,a growing concern in the area. By filling the lake in,you are decreasing the capacity of the overall lake to manage the natural flow of water,forcing the water to go elsewhere. The City just spent$11 million to restore stormwater issues. In this case,you have the opportunity to prevent similar issues from occurring. We all know that an ounce of prevention is worth a pound of cure. Let's show the citizens that we have learned from previous mistakes and are holding our developers to higher standards for our beautiful city. I understand the church has a right to sell their land however I ask that you help secure a more appropriate plan for the area through a reduction in the number of structures in such a manner that retains the lake. I will be paying close attention to how you all vote, as I did for the Westminster Canterbury tower and the zoning change request Marlin Bay Apartments in Ocean Park. I am an active voter in our local elections and meaningful, environmentally-focused decisions,particularly related to our waterways,are a top priority for me. Thank you. Jennifer Snyder,MPH,CHES Jennifer Snyder,MPH From: Jeannine Price To: City Council;1-lolly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Bvler;Georae Alcaraz; Bryan Plumlee;John H.Coston;DHHORSELEYCa�VBGOV.COM;Marchelle L.Coleman Subject: Wycliffe Church&Bishard Homes Development Project Date: Tuesday,August 8,2023 9:55:23 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. Have any of you been to this property to see what is going to be destroyed? This is a wetland habitat! It is a beautiful area that I have enjoyed for over 39 years. I grew up on Cedar Bark Road where my parents still reside. The thought of all the animal life that will be destroyed to add new homes over top of this lake is unfathomable. Turtles, birds,otters,snakes, raccoons, opossums, squirrels, etc. will no longer have their homes or ecosystems. How is this even legal? Please do not allow this to happen to our beautiful community. The problems that this will cause should give pause for thought. Flooding will be huge, homes settling that are built over top of the lakes will be detrimental to the building structures, and all the wildlife that will be destroyed. Thank you for your time and please do not allow this to go forth. It will be a huge mistake! Please consider stopping by Red Bridge to admire the beauty they want to destroy. It would only take 5 minutes to see what we all have fallen in love with at this beautiful, legendary area! Jeannine Bourgeois Office Manager Bayshore Roofing Inc. 3322 Virginia Beach Blvd#103 VA Beach VA 23452 757-486-5096 757-486-0087 fax jeannine@bayshoreroofing.hrcoxmail.com From: KATHLEEN TESKE To: Marchelle L.Coleman Subject: Lake Conrad 2 Date: Tuesday,August 8,2023 10:21:52 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments 1 unless you recognize the sender and know the content is safe. We are very concerned that the City of Virginia Beach is putting developers' profits over the needs of the citizens and taxpayers of the city. As you know, the beautiful green space of Lake Conrad 2 is potentially slated to be destroyed and replaced with homes on the infill. This area is part of Great Neck Lakes and part of the city's own Storm Water Management Facilities. Simultaneously, the city is frantically expanding water retention areas in other parts of the city. Evidently, city management is very aware of the problem of street/property flooding. All citizens, including people working in city management, use these roads that are flooding in ordinary rain events, to say nothing of what will happen in the next hurricane. Yet new lawn, concrete, and asphalt are allowed to proliferate. These surfaces absorb little to nothing, and the rain collects in the streets. (Derelict currently- developed property could be creatively redeveloped and green spaces left green.) Please consider the seriousness of this situation and the need to put common sense above profit. Preserving the beautiful asset of Lake Conrad 2 is not only desirable, it is a necessity. Kenneth and Kathleen Teske From: freitaddPaaol.corrl To: City Council'Holly CuellaG JVaomi Estaris;Michael Clemons;Michael Anderson;George Alcaraz;Divan Plumlee; John H.Coston;S1hHorselev(@vbaov.com; Marchelle L.Coleman;Kathryn ByJer Cc: Windy Crutchfield Subject: Re:Lake Conrad#3 Please Read Date: Tuesday,August 8,2023 11:15:41 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. (CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments IL unless you recognize the sender and know the content is safe. I am writing to share my experience of living in our neighborhood since 1998 and the current consideration of reducing the capacity of the city's storm water management facilities regarding a proposal to rezone an area designated for Church use and allow a developer to build in the area. Background As I assume you are aware the Lake Conrad system of lakes were developed during WWII using POW labor to build dams for the farmers in the Hog Neck area of what is now known as Great Neck. The dams built held naturally flowing streams to create ponds / lakes to allow for watering of livestock. We still have barbed wire between some of the trees in our yard. The ponds / lakes were not built or designed to be part of a storm water management facility. When we purchased our home in 1998 from the original owners they shared many photographs and the history of the area, one of the owners was an amateur historian for the city. As we walked the property they pointed out sinking areas around the dam on the property. The dam has continued to erode and the emergency spillway has continued to crack and fall into the larger lake. When we moved in Lake Conrad 1 was consistently 6 feet deep across the entire area; now however it is frequently ankle deep except for the center where it appears to be 4 feet in depth. While the discharge into the lake has increased, the capacity to hold that water has decreased. My understanding after reviewing the city code and policies regarding storm water management is that the facility should be designed to handle a 100 year storm. The diagram the city provided to the property owners shows what should be in place to handle the water, the intake as depicted that would divert high water through a pipe into the larger lake has never existed. The "emergency spillway" is the only route there is for the high water. The max rate of flow over the spillway is extreme on a regular basis and a potential liability. Lastly, according the the state of Virginia dams shall be designed and constructed to hold back a 100 year storm. If water flows over the top of a dam that is essentially and emergency and dangerous situation. The water flows over the dam at least 6 times a year, I submitted an emergency call a couple years ago to have it documented. Nothing has been done and there apparently are no plans to do anything. The owners on Lake Conrad 1 each received a written warning to remove vegetation with in 10 feet of the water edge or be fined $32,500 per day. Once the state DEQ got copies of the letters they contacted the city to inform them that the city does not have jurisdiction. Current Concerns Reading the 2040 Comprehensive Plan there is welcome discussion and efforts to increase the Urban Forest. Removing acres of trees and disrupting wildlife does not support that plan. In addition to the significant and increasing sedimentation with the current 3 lakes, removing a critical link in the systems will only add to concentrating sedimentation into Bradford Cove, reduce the ability of the facilities to remove phosphorus, and add pressure on an already maxed out system. Over the past 10 years the amount of algae and aquatic weeds has increased exponentially. If not for the efforts of the property owners all of Lake Conrad 1 would be covered in several feet of weeds. We remove by hand 10s of tons for proper disposal. The same growths are occurring in the coves of the larger lake and will increase if Lake Conrad 3 is filled in. Many of the residents are elderly, I am a 30 disabled veteran on a fixed income and I will not t be able to continue the work as it gets worse. Final Thoughts If you have read this in its entirety I.thank you. If have refrained from any negative comments of any individuals involved and speak only for myself based on living here for decades. The capacity of the Lake Conrad system has decreased and allowing for additional construction WILL make it worse. The water quality of the Lake Conrad system is degraded and allowing for additional construction WILL make it worse. There are significant regulatory and policy issues that have been ignored at many levels that may place the city at risk if they are not addressed or if made to be worse. I respectfully ask that you do not approve a rezoning request and do not allow the lake to be filled in now or ever. From: Svlvia To: Planning Administration Subject: Aug 9,2023-Wycliffe Presbyterian Church request to reduce the boundary of the church Date: Tuesday,August 8,2023 10:56:51 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, We live in Great Neck Estates and do not agree with a developer filling in Lake Conrad in order to build 12 houses. We are concerned that flooding will become a problem for Great Neck Road and our neighborhood. Todd and Sylvia Betz From: Planning Administration To: '1archelle L.Coleman Subject: FW:Wycliffe church property Date: Tuesday,August 8,2023 2:11:18 PM Original Message From:R White<daddo6816@gmail.com> Sent:Tuesday,August 8,2023 1:41 PM To:Planning Administration<PlanAdmn@vbgov.com> Subject:Re:Wycliffe church property 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. Please don't approve this project As a lifelong resident of this area, I want to see this property stay as it is Actually,my original email did not originate outside of the city as I have lived here my whole life and grew up across the street in Great Neck Manor.Please don't destroy this in the name of progress R White Sent from my iPhone 1 From: Judith Johnson To: Marchelle L.Coleman Subject: Proposal to change Wycliffe property designation... Date: Tuesday,August 8,2023 2:18:21 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. Please share my following concerns at the August 9th meeting. Good afternoon, I'm vehemently opposed to the City of VB changing the designation to part of Wycliffe Church's property in Great Neck Estates from religious/church use to residential use. All so that they can sell land to a developer,who plans on filling in part of Lake Conrad(that is a wetlands lake)to build 12 houses!! This makes absolutely no sense to anyone who cares about all the potential problems such as water flooding and/or future drainage issues. Who in their right mind builds on a filled in lake. Or wants to buy a house on such property? To say nothing of the ecological impact. There are plenty of aquatic animals,trees,and flora that will be displaced at best or totally destroyed at worst! Please vote down this proposal! Show that the city of VB cares more about its residents and the impact on nature, than it does about the city's desire to collect tax dollars and the developers's desire for the almighty dollar!!! Sincerely, Judy Johnson VB Resident-6+decades Sent from my iPhone From: Jamie Curran To: Marchelle L.Coleman;dhH.r • Snol;John H.Coston;bPlumber(@vbgov.corrl;George Alcaraz;Michael Anderson;Michael Clemons;Naomi Estaris;Holly Cuellar;Christopher Taylor;City Council Subject: Wycliffe Development Date: Tuesday,August 8,2023 3:06:14 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern, Good afternoon. I am writing you to voice my opposition to the Wycliffe Development proposition. My wife and I have lived in Great Neck Estates for 30 years and raised two children here,who are now 26 and 29 years old.The idea of filling in a lake and wetlands to satiate the greed of a developer is astounding.The lake at Red Bridge handles to rainwater and storm runoff for Great Neck Estates, Great Neck Manor, and the Reserve as well as the commercial entities on both sides of Great Neck Road,from Mill Dam Road to Shorehaven Road(Cox High School). From a taxpayer point of view, we need not look any further than Asheville Park on Princess Anne Road to see what the cost of fixing irresponsible development is....$11 million dollars to the taxpayer and how much for developer(that's a rhetorical question.) Please exercise responsible judgement and not allow this destruction of a natural wetlands stormwater prevention system that has been in place for longer than most of us have been alive.To allow this development to go through would be a crime against nature for the sake of a dollar. We are praying that you see the development plan for what it is. Do Not Destroy Wetlands For Development Sake please help us maintain the quality of life in Virginia Beach. Respectfully, James M Curran 757-580-9052 From: Pan Edsall To: Marchelle L.Coleman Subject: Wycliffe Application Date: Tuesday,August 8,2023 4:22:57 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I am writing in regard to the Wycliffe modification of use application. I am a homeowner in the Great Neck Estates community. Please do not change the conditional use permit on the property to convert it back to residential housing. This application is tied to a proposal by a developer. The developer plans to fill in wetlands and build homes on top of it. There is a lot of wildlife in this space. It helps with storm water run-off. This space must be preserved. It could be turned into a beautiful park. Thank you respectfully, Daniel Edsall,Great Neck Estates home owner (757)846-0640 ,a ?4, Vir : t!./ :." y .,_ . • . . . . .. .._• ,.,,.. .. , .. „., •,. ...„,.. t .1/4.,_, ,. ,. . ., , , _1 . *". 41 �,,NCI► • t t -,i 11 I II Mt . , z . ik i f ,:'I, r�. tom_ i Sent from my iPhone w From: Linda orr To: Marchelle L.Coleman Subject: Lake Conrad Date: Monday,August 14,2023 9:28:11 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 Mr.MColeman,Please do not allow the property of Lake Conrad to be filled in,we already have enough flooding in our area and this will just add to that problem.Thank you Linda Orr Sent from my iPad ---.. / , N fl,6 �'�� ~ NB 2 ,./. --------/..(iiii----_____ '''' , �fj .< ' ,QjL ()- --------___ c3r _ /:,/ --,,,,__, R-1 0 — & f B --------___ -----------_,.. ' 0 / Al 8 _.-______--___----�___.__ Old/Providence A 3 fi --- Road -_ r 4 site Burnette Baum Development Corporation • ', Property Polygons 6213 Indian River Road II Zoning Building Feet 0 1530 60 90 120 150 180 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: BURNETTE BAUM DEVELOPMENT CORPORATION [Applicant] VIRGINIA BEACH INVESTMENT COMPANY, LLC [Property Owner] Conditional Use Permit(Car Wash Facility)for the property located at 6213 Indian River Road (GPIN 1456336782). COUNCIL DISTRICT 1 MEETING DATE: September 19, 2023 • Background: The applicant is requesting a Conditional Use Permit for a Car Wash Facility at 6213 Indian River Road. The applicant will develop an approximately 3,500- square-foot single-tunnel car wash with 20 vacuum stations on the site. The required number of parking spaces are provided on-site and the applicant is proposing a minimum six-foot tall privacy fence with Category IV plantings along the west side of the property to screen the site from the adjacent residential neighborhood. Access to the site will be from Indian River Road. While a secondary entrance exists at the rear of the parcel on Old Providence Road, that entrance will be utilized for emergency vehicle access only. • Considerations: This property is located between a residential neighborhood to the west and a commercial node at the intersection of Indian River Road and Providence Road. An existing 20-foot wide drainage easement on the west side of the subject property separates the residential neighborhood from the proposed development. The landscape screening proposed by the applicant will be installed on the interior edge of this parcel. Additionally, the applicant has located all the proposed vacuum stations along the eastern property edge that is adjacent to other commercial properties and has oriented the exit of the car wash tunnel towards Indian River Road, which has six lanes in this area. The vacuum stations will be single-turbine units that will turn on and off independently of each other, thereby limiting noise. Proposed hours of operation are between 7:30 a.m. and 8:00 p.m. in the spring, summer, and fall and between 7:30 a.m. and 7:00 p.m. in the winter. Condition 16 was added post Planning Commission to specify the hours of operation. This is agreeable by the applicant and is underlined below. Recommended Condition 10 would limit dumpster service to the property to between the hours of 8:00 a.m. and 6:00 p.m. The overall site and operational design are thoughtful in mitigating potential noise impact on adjacent properties. The design of the car wash building has a similar scale to adjacent properties and will use high-quality materials. Further details Burnette Baum Development Corporation Page 2 of 3 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 August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The site shall be developed in substantial conformance with the submitted site plan entitled "Cool Wave Car Wash — Virginia Beach, VA Conceptual Development Plan," dated July 15, 2023, prepared by Timmons Group, and "Cool Wave Car Wash — Virginia Beach, VA Conceptual Landscape Plan," dated July 15, 2023, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The car wash building shall be constructed in substantial conformance with the submitted elevations as prepared by the applicant and as exhibited in the staff report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development 3. A Category IV landscape buffer shall be installed between pay lanes and the drainage easement as shown on the conceptual landscaping plan. 4. A minimum six-foot tall privacy fence similar in style and material to Sherwood Fence Panels shall be installed as part of the Category IV landscape buffer referenced in Condition 3 and along the southeast property line between the vacuum spaces and adjacent properties. 5. The vacuum stations shall have an all-white assembly with blue hoses, white trash receptacles, and white posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 6. Vacuums shall be single turbine, not central turbine. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. The vehicular access at the rear of the site onto Old Providence Road shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated). Non-emergency vehicular ingress and egress shall only be from the Indian River Road access. Burnette Baum Development Corporation Page 3 of 3 10.Dumpster service shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Dumpster service shall only access the site from Indian River Road. 11.AII on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 12.Pay station signage shall be constructed in substantial conformance with the submitted drawing as exhibited in the staff report as prepared by the applicant and as exhibited in the staff report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 13.There shall be no portable or nonstructural signs or electronic display signs on the site. 14.Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. 15.All outdoor lights shall have static lighting and shall be natural hues (e.g., white light). 16.The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 8:00 p.m. daily in the summer, spring, and fall and to the hours of 7:30 a.m. to 7:00 p.m. daily in the winter. • 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 DepartmentCAA40.--) City Manager:fi� \&3Applicant Burnette Baum Development Corporation Agenda Item Property Owner Virginia Beach Investment Company, LLC Planning Commission Public Hearing August 9, 2023 City Council District 1 Virginia Beach Request Conditional Use Permit(Car Wash Facility) Staff Recommendation ; . 1 Approval ' I Staff Planner ° Elizabeth Nowak 4 ' 1 Location 4.4 - 6213 Indian River Road Z 'J GPIN 1456336782 Site Size 1.3 acres �'" -� 5 AICUZ Less than 65 dB DNL 411010`.. *9 \ : R. I Watershed S Chesapeake Bay \ , o / 3 Existing Land Use and Zoning District Undeveloped lot/B-2 Community Business 174 Surrounding Land Uses and Zoning Districts /,� ' , 0 3 , , ; North w . \ I , .ik a z Indian River Road :4oa.'' ,* rt, $,' , Not .T ry• d Shopping center,auto sales/ B-2 Community { °k I; ,Qo 4 , A• F Business4iiiii South ti '' Old Providence Road 'Retail/ B-2 Community Business ' ' ' - ! , "East . i 3R -Ali y -, Auto sales, automobile repair garage/B-2 � ? 11� o 144.4,,c • yCommunity Business - v ? r tr >:. t+ '-� West r„• �° U r ":+;..- oLD PROVIDENCEg Retail,single-family dwellings/ B-2 Community lif,' ,! 1 , „ Business, R-10 Residential ' ��`! " Burnette Baum Development Corporation Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Car Wash Facility to develop a single-tunnel automatic car wash on a 1.3-acre property zoned B-2 Community Business District. It was previously the location of a drive-thru bank. • The applicant is proposing to construct an approximately 3,564 square-foot building near the center of the parcel. Customers will enter the site from an existing access point on Indian River Road and will flow around and then through the Car Wash Facility. Exiting the car wash tunnel, customers will either proceed back onto Indian River Road or to vacuum spaces located along the southeast edge of the property. • The proposed building will have a modern combination of white,gray, and blue cladding.The single-tunnel building will have an anodized aluminum storefront system along the east and west elevations. Blue and white Dryvit Modulite panels will be located above the storefront system.A decorative wave element and columns will provide depth to the facades.The primary and rear elevations,the north and south elevations respectively,will be clad with Belden Alaska White Velour brick to provide some material contrast. • Three pay lanes and stations will be located on the west side of the building. While the applicant plans to reuse much of the previous circulation pattern from the old bank building,the existing pavement will be expanded to accommodate all three pay aisles.The station closest to the residential neighborhood to the west will be dedicated for member use only.The member-only lane will be restricted via license plate readers which will scan for member details. No traditional payment options will be available at this third station. • There is an existing 20-foot drainage easement parallel to the northwestern property line. Category IV landscaping, as shown on the exhibited conceptual plan, is placed on the interior side of this easement. • Three parking spaces are proposed for the single-bay car wash, as required in Section 228.1 of the Zoning Ordinance. Additionally, 20 vacuum spaces are also proposed on site. • The proposed vacuums will be single turbine units. Such vacuum units have individual motors which turn on while in use. Customers will receive a code for a set amount of vacuum time with the purchase of a car wash service.The vacuums will not be free use; an initial time credit will be provided with purchase of a carwash service, but additional time or standalone vacuum services will require payment. • A dumpster is proposed at the southwest corner of the property with landscape screening, as required by the Zoning Ordinance. • The property has an existing access point to Indian River Road and another along Old Providence Road. • The proposed hours of operation will be from 7:30 a.m.to 8:00 p.m., daily, in the spring, summer, and fall.Winter hours of operation will be between 7:30 a.m. and 7:00 p.m.The facility will employ six full-time employees with two to three employees working on a maximum shift. ' Burnette Baum Development Corporation Agenda Item 11 Page 2 w Rr it. e� ;��4 / Zoning History ij. --'-'6% 11. A „, 40 a/ 440. \\» , 4 , �� 1 / A Irst # Request o + i ' �' ,,� l! 1 CUP(Church)Approved 11/23/2007 • ` y� 2 CUP(Church)Approved 03/13/2007 ,* ice/ �. 3 CRZ(B 2 to Conditional A 36)Approved 01/23/2007 ' / f 4 CRZ(R-10 to Conditional B-2)Approved 01/11/2005 5 STC(Portion of Old Providence Road)Approved 1 2 2 0 /08/ 00 �/A __`` '' rn 6 CUP(Automobile Repair Garage)Approved 07/8/1998 -is '� __ �-:_' 7 CUP(Motor Vehicle Sales)Approved 04/10/1993 . n„, Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Car Wash Facility is acceptable. The site is located in the Suburban Area of the City as defined by the Comprehensive Plan. In this area,commercial and service-oriented uses should be located along busy thoroughfares that are easily accessed from nearby residents,such as this site along Indian River Road.The Comprehensive Plan also includes recommended Design Guidelines for development in the Suburban Area.The proposed one-story,one-tunnel car wash adheres to most of these guidelines, including its complementary massing and height to adjacent buildings, using color as an accent rather than a major feature, and the proposed circulation of the site to bring activity to the rear and sides of the site.The use is also compatible with other businesses in this portion of Indian River Road. The proposal seeks to minimize noise from the site as much as possible. While the parcel is adjacent to a residential neighborhood,there is an existing 20-foot drainage easement along the western property line.As the easement must remain clear,this provides additional space between the actual Car Wash Facility and the residential properties. The applicant is proposing to install a 6-foot tall privacy fence along the western property line and plantings along the interior of the fence to both beautify and screen the site.The closest pay lane to the residences will be the Member- Only Lane,which should have fewer customers than the other traditional pay lanes. The tunnel exit,which will have a higher noise impact than the entrance,faces Indian River Road,which has six lanes and a left turn lane near the subject site.The applicant is also proposing individual turbine vacuum stations. Unlike central vacuum stations, each unit operates independently so noise from the turbines is not constant. Lastly, Condition 10 is recommended to limit dumpster service to the hours of 8:00 a.m.and 6:00 p.m.to minimize disruption to adjacent residents. There are two existing access points to the site: one from Indian River Road and one from Old Providence Road.The site has been designed so that the circulation into and out of the facility will occur at the Indian River Road access. While the access point at Old Providence Road will be retained for fire safety, it will typically be gated off and will not be available for customer or employee use. Staff's analysis of potential traffic impacts, as reported below, indicates that there will be no adverse traffic impact on Indian River Road given the expected number of average daily trips and the current traffic volume in the area. Burnette Baum Development Corporation Agenda Item 11 Page 3 Given the careful site configuration to minimize impacts on nearby residents and the overall compatibility of the use in this area,Staff recommends approval of this request subject to the recommended conditions and exhibits in this staff report. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted site plan entitled "Cool Wave Car Wash— Virginia Beach,VA Conceptual Development Plan," dated July 15, 2023, prepared by Timmons Group, and "Cool Wave Car Wash—Virginia Beach,VA Conceptual Landscape Plan,"dated July 15, 2023, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The car wash building shall be constructed in substantial conformance with the submitted elevations as prepared by the applicant and as exhibited in the staff report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development 3. A Category IV landscape buffer shall be installed between pay lanes and the drainage easement as shown on the conceptual landscaping plan. 4. A minimum six-foot tall privacy fence similar in style and material to Sherwood Fence Panels shall be installed as part of the Category IV landscape buffer referenced in Condition 3 and along the southeast property line between the vacuum spaces and adjacent properties. 5. The vacuum stations shall have an all-white assembly with blue hoses,white trash receptacles, and white posts,as depicted in the graphic as exhibited in the staff report and prepared by the applicant,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 6. Vacuums shall be single turbine, not central turbine. 7. No window or outdoor advertising banners, pennants,streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. The vehicular access at the rear of the site onto Old Providence Road shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles (e.g., gated). Non-emergency vehicular ingress and egress shall only be from the Indian River Road access. 10. Dumpster service shall be limited to the hours between 8:00 a.m. and 6:00 p.m. Dumpster service shall only access the site from Indian River Road. 11. All on-site signage shall meet the requirements of the City Zoning Ordinance.Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. Burnette Baum Development Corporation Agenda Item 11 Page 4 12. Pay station signage shall be constructed in substantial conformance with the submitted drawing as exhibited in the staff report as prepared by the applicant and as exhibited in the staff report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 13. There shall be no portable or nonstructural signs or electronic display signs on the site. 14. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended,shall be submitted to the Department of Planning and Community Development for review and approval. 15. All outdoor lights shall have static lighting and shall be natural hues (e.g.,white light). 16. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m.to 8:00 p.m. daily in the summer,spring, and fall and to the hours of 7:30 a.m.to 7:00 p.m. daily in the winter. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located in Suburban Area of the City.The Comprehensive Plan recommends a mix of commercial and service-oriented uses be developed along commercial nodes and at edges of residential areas to support the development and maintenance of Great Neighborhoods. It also recommends that adequate measures be taken to properly screen the adjacent residential uses from potential noise issues emanating from the property to ensure compatible development with residential areas. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.This property is located outside the Resource Protection Area. No historical or cultural resources will be affected by this proposed development. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Old Providence Road No data available 9,900 ADT 1(LOS a"D") Existing Land Use 2-725 ADT Indian River Road 26,600 ADT' 55,500 ADT1(LOS a"D") Proposed Land Use 3-500 ADT 1 Average Daily Trips 2 as defined by a 1.3-acre 3 as defined by a single-bay 4 LOS=Level of Service property zoned B-2 Community automated Car Wash Facility Business Burnette Baum Development Corporation Agenda Item 11 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Old Providence Road is a two-lane local roadway that is not included on the City's MTP. This roadway serves both residential and commercial traffic. Indian River Road in the vicinity of this application is a six-lane major urban arterial street. The MTP shows this section of Indian River Road as an eight-lane roadway in a 155-foot right-of-way.There are no CIP projects the area of this development site. Public Utility Impacts Water This site must connect to City water.There is an existing 20-inch City water transmission main along Indian River Road. There is an existing eight-inch City water main along Old Providence Road. Sewer City sanitary sewer is connected to City sewer.There is an eight-inch City sanitary sewer gravity main along Old Providence Road.Sewer and pump station analysis for pump station $411 is required to determine if future flows can be accommodated. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 5, 2023 and September 12, 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 September 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.Rov/city-council on September 15, 2023. Burnette Baum Development Corporation Agenda Item 11 Page 6 8 0 0 vi 0 0_ to '. ,! • le,�• T SITE DATA: r C- s ivtl:�». . __ ''' •RECORDED IN THE CIRCUIT COURT OF THE CITY OF 0 411010 ,, r- e i a�. 'O +ram ,v VIRGINIA BEACH W DEED BOOK 1274 AT PAGE RS • 3I / r i sy; r„, r •SITE ADDRESS:6213 INDIAN RIVER ROAD y�' ..._1 •EXISTING ZONING:0-2 - �� '� r ", ' •` Zi4�'•.Jr, •SITE AREA:57,300+/-SF 11.3+/-ACRES) _ �_ T. • -L ,,, •EXISTING USE:VACANT LAND �` �/ '' j �� w �� + -� r ~'� ! aft •PROPOSED USE:AUTOMATIC CAR WASH!CONDITIONAL USE) I_ ' I .:x�:�?? _-, PO •� 'p^ MINIMUM LOT AREA: 20,000 SF i I, u y , MINIMUM LOT WIDETH: 100 LF • MINIMUM FRONT YARD SETBACK: 35 FT ice• y q {l _- — J ,t-I I ''•.`, . I T �` MINIMUM SIDE YARD SETBACK: 0 FT LI' k MINIMUM REAR YARD SETBACK: 0 FT Q l�` • ), C sa a �t • PARKING REQUIRED: ONE SPACE PER EMPLOYEE O 1rTIAIIC f�c^" PARKING PROVIDED: TWO(2)STANDARD PARKING SPACES = ONE(1)ACCESSIBLE SPACE -^-� o �... •ROPOSE: _ . 1t0:41/ n •- •-_ • C, ^mac'l 1 J. nib J MN IN / ndm 410 ' Y 03 Ta I Q s ki' 1 .d MINOR ' ) 4 kii,,i53 .+ .•EC: •- . ill @FM ,e Q, :(aa 4 kip." a) 444* la, (D COOL WAVE CAR WASH - VIRGINIA BEACH, VA c CONCEPTUAL DEVELOPMENT PLAN-July 15,2023 - TIMMONS GROUP 3 > rD 01:1 _ CD m n - 0 CO - - -0 CM 3 41 CD I, 5. v I- 7 0 -0 0 In (D IZ v) ,. m # . CONCEPT PLANT vSCHEDULE r 1''� .,T EOGOESTF Of * arFnr..SC Nannlnl miwO,nFn ruS on CL zEE.oM.ecaaa.asncE cacE��warw�zanwn Uf @ SINEE,IRp TN E'NCL-SK 491EUB lY n 'E. 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VIRGINIA BEACH LANDSCAPE REQUIREMNTS MnKIIO LOT AM W n cµfatAnONS 4. 41-! �~'-`4 ., .. )O SF PUNTED NSAPOt O1N01V(39iiMGi PLt]t•ICD o % 6 P•OPOSE�D `\ wA0SC WI N1ENNIM uxuaM:,NtOulaO >.Mtn aR - GC1@G7G1E'G \\ ms mp,twcaFSCEai IatFFIE,wrtcoveuc�FOa.NEn Q , 0- Mn..c I m FMFNO•TX,OUNITTTwcwsn STOP.. �� { Ci (Nn V fAKN4ff KOr I%SR R4M11TNF4 F MPNRO OI iNEF C1MNTT'P4GV�E0' aTiEM �} ncx�n�m Jr art 1 s Q Ilkie CO CD lily C pSi' T Ilk, c%, 4.*Iltfilt* fD COOL WAVE CAR WASH - VIRGINIA BEACH, VA 0 CONCEPTUAL LANDSCAPE PLAN-July 15,2023 0?CONCEPTUAL GROUP 3 D cD cto a, —, O n a O Di -z 7/ a) O � = -, co _rt N O co N = Proposed Elevation Plan i e i dig 4 E E m \, _g = a �_ \ fp O 7.e.., "5111\ 1111 / I ____ P,Q o a a S Y S U V • ° a Burnette Baum Development Corporation Agenda Item 11 Page 9 Proposed Elevation Plan ,. .........,.,... . . . r 1 ( ri r‘,1 pliP7 11111,- b i , I 1111 ON ani .11 (....,.....?„.A!I P i .t OIA' " sa 1- 1 eA g -: LI g cir,..... mii,s,i ij , .ry E LL \:1- E ill . . • } -P nal v fNE ,O I ' \ \ .,:11 it .� ` \,,.3 1 ONO . \it :.\ rdl Burnette Baum Development Corporation Agenda Item 11 Page 10 Proposed Pay Stations W• U : Z - cc (I ° F- " W z = [, f titl , NIJs � w aaw � �,' I1 , eNOltd-LS Nrld 1 o ` 1le .. i. 4: F F 1 _,,........_0:r 1 - S.-' [No [ [ ' 7...:1—.'' t \ .., r a YN . .,„. . . ______ „ 1 , ,., . , .... . ...,, , .., W• ,.. ... ,, ., .... ,:;,,,,,. .,., el it a eel . . '' --- NOI1 6 156 Burnette Baum Development Corporation Agenda Item 11 Page 11 Proposed Vacuum Stations . . I I 1 • / fr........-•I-111.10,. , p.emma!• -.......1.;al Alit-P'''Ttillill lii . 01. --"ildil:alli*A '1 ' . ralIVINITOM , '4!.......•5911:--—I'M"! I / . -IL issuga ‘ / 0 i v . . tm !11111—dim) / ., . . .-- rmi 1 MAW l 'f. 1, PP) • . I mit in iiimappial • __h.,. mar 4. ., • . . - , ( a ... WI .. , . II, IIIIIIIIMIIIIIIIIININIK . . i Burnette Baum Development Corporation Agenda Item 11 Page 12 Site Photos j' �.. ; � .} • •I .,s � k, I ti ' w� ti ▪ T 11 y'4ci ,_ tt' { .tip f'o {ye .- ._1, yr r T + !` . ..a- •4 444 4 4f'ay'�K • •j. �I # 1 . \I!ap . ..4 ♦ ▪ilk k '`�r ;+1'if "'A • a it ! A F fq�,4C• r1 ,� S: ' j.:1.4...:40,1011.m7.0 -—' — ler P1'1411111111:: . l''''' .''' -- .... .a- ....... ..... .. ,a'I '. -----_— _ — —1 .,fie:• 1 ' •�c hP .41-1.fr •1'.. ' � n`'.„ + L{I r , p'-o Burnette Baum Development Corporation Agenda Item 11 Page 13 Site Photos . • - -- 4�• _ - "d.:. •4' y r 4 a,•�D o+4' .'. .4 "Y?�.q.,�Yy` i..fn•.,• .}2' . iw. �r Tar "Ei:.� r` ,,dye g T4,` �f T. 4. eti zt` 4 n • t �.''AL ;' +k. `^,h " ^` • ,# T n r k f ''-, yr 6 lv •• s.i,f „ .i. ..3�} > .�+"Y► f i'W y, ,i i } i ';,, , „4 .. ., At I, s- 4 F/ ', t, .w�' �* to •;r ` Y`''.1+' ' ° - ,j s rLL .;. '''• '... '0°^s' F f • r -4Y {1 py Iv.. �L',,� 'tl ..� J^`�Y,i�`r•' F u4•` ' a \.5 i fit' `ti, l f. ,3� Vz.- .-.,",p a: �' i';•tj ,`�i 4 '. �'' �w.4 ' , ..• x?a.+,Y f I.,- 'i'.,t 'i. :..E r+" •fir y y�i; ',,,..,„,..,At l • • ..;,:II a1 �' r p°�� • � y I. , . 1 ,. �U Syr j s • ,, • Z .aSr, .,.fit. _ .. � �, r .. '.. J. -II " • Y •a .. 4!4 t'I • t. a • 'r. F' , a.`•i' 7 *s 'i",r • air... Burnette Baum Development Corporation Agenda Item 11 Page 14 Disclosure Statement ;. r : .Disclosure,;Statement � •. L L A` tY'� w7� 8krri 7��,... o- 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 Bumette Baum Development Corporation Does the applicant have a representative? *Yes 0 No • if yes,list the name of the representative. Nicholas Baum Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Nicholas Baum and William Bumette • if yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A t• '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship indude that the same person or substantially the same person own or manage the two entitles;there are common or,commingled funds or assets;the business ( _ entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 i p a g e Burnette Baum Development Corporation Agenda Item 11 Page 15 Disclosure Statement F _ r 4 i i• %v`. Disciosure�Statement ,; 1 , 'U3 f.. i1, `'� ,1, , ' ' r.+i..M_ - Icy, . .y,mot . ..y-'w..'r- 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?NI Yes ❑No • If yes,what Is the name of the official or employee and what is the nature of the interest? William Burnette from Baum Burnette Development Corp.is a member of the Virginia Beach Chesapeake Bay Preservation Board Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of st,cross-cotlateralizatio ,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,Identify the financial Institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. Timmons Group Engineering/David Taylor 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers, Revised 11.09,2020 2 1 P a g e Burnette Baum Development Corporation Agenda Item 11 Page 16 Disclosure,5tatement, � - City urepvirur Rauh 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 I No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑ No • If yes,identify the firm and individual providing the service. Timmons Group Engineering /John Zaszewski 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Sykes.Bourdon,Ahern&Levy/Eddie Bourdon 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. -1Zc 1 , p is'deer t - Applicant Signature Nicholas Baum,President Print Name and Title May 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 1 No changes as of 8/28/2O23 s'°"t"R wa, "r"""""` 'Eli eth Nowak Revised 11.09.2020 Disclosure Statement Burnette Baum Development Corporation Agenda Item 11 Page 17 Disclosure Statement Disclosure�Statement�- s • I -. - t � Planning&-Commimity� f�r'"� �" Development Owner Disclosure ;_= Owner Name Virginia Beach Investment Company LLC Applicant Name Burnette Baum Development Corporation is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?■Yes El No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached Members of Virginia Beach investment Company,LLC • If yes,list the businesses that have a parent-subsidiare or affiliated business entity°relationship with the Owner. (Attach a list if necessary) N/A Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U 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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles 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. - L Revised 11.09.2020 5 I P a g e Burnette Baum Development Corporation Agenda Item 11 Page 18 Disclosure Statement IDisciosureStatement Planning&;Community ^1 pmep Owner Services Disclosure 1. Does the Owner have any existing flnandng(mortgage,deeds of trust,cross-collateralizadon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Ell 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. Larrymore Organization,Inc.-I.William Berger,Broker 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?I Yes ❑No • If yes,identify the firm and individual providing the service. Beth Moore&Associates,CPA /Beth Moore 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?0 Yes •No • If yes,identify the firm and individual providing the service, - 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ■No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Illi 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 Wage Burnette Baum Development Corporation Agenda Item 11 Page 19 Disclosure Statement • :: ,,, , , 4.D.S. i leSateen ; � 1. x casum ,,,x4. f N fr, t. ii " ; {yP]annuig&Commurtv . ,,\,,ti . .Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,Identify the firm and individual providing legal the service. Williams Mullen /Howard Gordon 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. \\\I --------4 Owner Signature I.William Berger,Managing Member Print Name and Title May 31,2023 Date i i Revised 11,09.2020 ? I P a g e 1 Burnette Baum Development Corporation Agenda Item 11 Page 20 Disclosure Statement VIRGINIA BEACH INVESTMENT COMPANY,LLC • 6477 College Park Square,Suite 306 Virginia Beach,VA 23464 MEMBERS: Lawrence J.Goldrich Marital Trust Janice T.Goldrich Irrevocable Trust—2000 Danielle:Pariser Allison Weinger William Twomey Estate.of Joseph Twomey Estate of Maurice Twomey David Ackerman Kyle II Bart Malanspn Kyle ' Michael Twomey Kathleen Schaub Mary Kelly James Twomey Patrick Twomey Diane Alson Revocable Trust Mathew Firman Revocable Trust U/A dated 5/19/21 James P.Firman Frost Legacy Holdings LP Richard K.Friedman Family Trust u/a dated 9/8/2004 Richard L.Sirow Daniel E.Sirow Linda Show Doreen M.Gottstein Rhoda J.Joelson,Summer Palace Trust u/a dated 3/16/96 I.William Berger Inter Vivos Trust u/a dated 6/13/1994 Danielle B.Pariser Trust U/A of the Gail C.Berger Revocable Trust dated 4/9/09 Allison B.Weinger Trust U/A of the Gail C.Berger Revocable Trust dated 4/9/09 Andrew J.Goldrich Revocable Trust Vicki E.Goldrich Lauren J.Goldrich TOTAL: 100.000 % Burnette Baum Development Corporation Agenda Item 11 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • 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. Burnette Baum Development Corporation Agenda Item 11 Page 22 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 11 Burnette Baum Development Corporation RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item is number 11, Burnette Baum Development Corporation, Virginia Beach Investment Company, is the representative here? Mr. Willis: Good afternoon, Bobby Willis. Owner-operator of Cool Wave Car Washes. Mr. Horsley: Are the conditions acceptable? Mr. Willis: Yes sir. Mr. Horsley: Thank you. Is there any opposition to this application? Thank you, sir. Seeing none, we've asked Commissioner Estaris if she would read this one. Mr. Estaris: The applicant is requesting a conditional use permit for a car wash facility to develop a single-tunnel automatic car wash on a 1.3-acre property zoned B-2 Community Business District. The applicant is proposing to construct approximately 3,564 square-foot building near the center of the parcel. Three parking spaces are proposed for the single bay car wash as required in Section 228.1 of the Zoning Ordinance. Additionally, 20 vacuum spaces are also proposed on this site. A dumpster is proposed at the southwest corner of the property with landscaping screening as required by the Zoning Ordinance. As this has come with no opposition, the Planning Commission has agreed to place this on the consent agenda. Mr. Horsley: Thank you, sir. So, Mr. Chairman, I'd like to place a motion that we approve item number one, City of Virginia Beach; item number five, London Bridge Development, LLC; item number seven and eight SHJ Construction Group, LLC; item number 11, Burnette Baum Development Corporation; item number 13, Speedgearz, LLC; number 14, 15, 16, 17 and 18 Short term rentals. Mr. Alcaraz: Thank you, Mr. Horsley. All right. Do I have a second on that motion? Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. By a vote of 10 to zero items 1, 5, 7, 8, 11, 13, 14, 15, 16, 17 and 18 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE i .„.„------'----- LL_____ i 1 -,,, / / I1 F---] (i) / NJ IC R5D , I, 1 / , I 0 1 _______ 1 r_ 4...„ /..../11 1 1._ _ 1 1 j.• . 1 _ 1 . , _ , --1 , .......„ . Eza Site Kids Adventure Property Polygons �� - 5408 Larissa Court 77 Zoning Building Feet 0 510 20 30 40 50 60 �� Sf 4� rj bd J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KIDS ADVENTURE [Applicant] SIKIRU ADEDOYIN [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 5408 Larissa Court (GPIN 1466201213). COUNCIL DISTRICT 1 MEETING DATE: September 19, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home within her single-family dwelling in the Newlight neighborhood. The 5,339 square foot parcel is zoned R-5 Residential District. A Family Day-Care Home with four or less children is permitted by-right in residential districts. When the number of children cared for increases to five or more, excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. • Considerations: While the applicant intends to care for up to six children, Staff and the Planning Commission typically recommend approval for up to 12, as over time it has been common for applicants to increase the number of children, thereby requiring a modification and additional consideration by both the Planning Commission and the City Council. The ultimate number will be determined by the Department of Social Services based on their permitting criteria. Concerns related to possible traffic congestion and noise were raised by an adjacent neighbor at the Planning Commission hearing. As such, the Planning Commission recommended reducing the number of children to six as that is the number the applicant intends to care for. In-home daycare is a valuable service to the community and is consistent with the Comprehensive Plan's vision of creating and maintaining "great neighborhoods" which are sustainable, stable, and supported by complementary non-residential uses. There was one speaker in attendance at the Planning Commission Hearing who raised concerns specifically related to the potential increase in traffic, safety of school aged children walking to the bus stop along Larissa Court, and noise. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Kids Adventure Page 2 of 2 • Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to O. 1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence. 2. The Family Day-Care Home shall be limited to a total of t��o'�24 six (6) children, other than children living in the home. 3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in the home, or on the premises at any time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The arrival and departure times shall be staggered to avoid vehicular congestion. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • 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( ,y City Manager: Applicant Kids Adventure Property Owner Sikiru Adedoyin Agenda Item Planning Commission Public Hearing August 9, 2023 rlry y City Council District 1 12 Virginia Beach Request Conditional Use Permit(Family Day-Care Home) L Staff Recommendation 1 ,- Approval . GI ' • Staff Planner , Michaela McKinney Sadie McNaughton `> • 4 1 _ Location •a 5408 Larissa Court GPIN 1466201213 r - Site Size 5,339 square feet • AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-5D Residential NS�N , �" M t 'f` �. + Surrounding Land Uses and Zoning Districts _ 41 , i -,A '-� 1' North r Single-family dwelling/R-5D Residential South . ;, # Single-family dwelling/R-5D Residential • 4 i�, w -; to - IN u, East — " ;;L Larissa Court . # - 't` ,� — { ,_ rt -. Gib Single-family dwelling/R-5D Residential !rt+I� A , ., • - West le t,`- '' Single-family dwelling/R-5D Residential .F : •ai A .1' ,,_ iar t ; " Kids Adventure Agenda Item 12 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Family Day-Care Home for up to 12 children within a single-family dwelling in the Newlight neighborhood.The 2,318 square-foot parcel is zoned R-5D Residential. • The pick-up and drop-off time will be staggered between the operating hours of 6:00 a.m. and 8:00 a.m.to avoid traffic congestion in the cul-de-sac. • The applicant has 12 years of experience caring for children. According to the applicant,the home daycare will provide care for children between one and five years of age. • The outdoor play area for the children is provided in the rear yard of the home.The back yard is enclosed by a six- foot tall wooden privacy fence,as depicted on the site layout exhibit on page 5 of this report. 50 T„a+,pwwaw Zoning History I � " i # Request J 1 CUP(Religious Use)Approved 08/24/2004 Il! A A 2 SVR Approved 08/10/1993 Cr • R� , L[i d[1 0 ; n k 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 Conditional Use Permit for a Family Day-Care Home, in Staff's opinion, is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well-kept, successfully promoting the policies intended to ensure the maintenance and substantiality of great neighborhoods.A similar application for a Family Day-Care Home in the adjacent subdivision, Birnam Woods,was approved by City Council in 2021. A Family Day-Care Home with four or less children is permitted by-right in residential districts.When the number of children cared for increases to five or more,excluding the provider's own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. While the applicant intends to care for up to eight children, Staff typically recommends approval for up to 12, as it has been common for applicants to increase the number of children over time,thereby requiring a modification and additional consideration by both the Planning Commission and the City Council. The ultimate number will be determined by the Commonwealth of Virginia during the childcare licensing process. However, no more than 12 children will be permitted,due to ages of the children and whether an assistant is employed, as well as other policies established by the Department of Education. Kids Adventure Agenda Item 12 Page 2 Staff is recommending a condition that pick-up and drop-off times be staggered to avoid the potential for congestion in the right-of-way.Additionally,Staff recommends Condition 2 to limit the number of Home Occupations to one to further minimize traffic impacts on the street. In Staff's view,the Family Day-Care Home will provide a needed and valuable service to the community and will not be detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation,the Family Care-Day Home, operating on the property associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12)six(6)children, other than children living in the home. 4. No more than one (1) additional employee/volunteer,who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1)square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license will result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 identifies this site as being located within the Suburban Area of Virginia Beach.The general planning principles for the Suburban Area focus on creating and maintaining"great neighborhoods"which are Kids Adventure Agenda Item 12 Page 3 sustainable, stable,and supported by complementary non-residential uses.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity, and relationship to the surrounding uses. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Larissa Court No Data Available) Existing Land Use 2-10 ADT Proposed Land Use 3—58 ADT 1 Average Daily Trips 2as defined by a single family 3 as defined by a single-family a LOS=Level of Service house and a day care with 12 children Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Larissa Court in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this area. • Public Utility Impacts Water&Sewer The site is connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 5, 2023 and September 12, 2023. Kids Adventure Agenda Item 12 Page 4 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 1, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Kids Adventure Agenda Item 12 Page 5 Existing Site Layout 6 ft tall privacy fence Aks - - - - '1 1 I 1 l 1 I 1 L. - - Existing Dwelling 2,300 square feet I I r^' Larissa Ct Kids Adventure Agenda Item 12 Page 6 Site Photo • w - • it • i -- • _ n • Sir s,r Kids Adventure Agenda Item 12 Page 7 Disclosure Statement Disclosure StatementNI3 eds a/t'WNo Rae, 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 1 DV 1(v Does the applicant have a representative? LA Yes �No • If yes,list the name of the representative.(((((( M VI))t4241 /Yk DSDi�t ADED Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes /No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a g e Kids Adventure Agenda Item 12 Page 8 Disclosure Statement Disclosure Statement Ills'L1,15g46'4,Aadi Planning&Community. Developm- 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 7 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-collateraiization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes )'No • If yes,identify the financial institutions providing the service. 2. Does the applicant�.,( have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes YJ 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'n 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 provd in connection with the subject of the application or any business operating or to be operated on the property?El Yes 01 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 P P Kids Adventure Agenda Item 12 Page 9 Disclosure Statement Disclosure Statement N/13 rVy 415ryinia ft * Planning&Community .^ °' Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating 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. 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 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 Print Name and Title Modinat Adedoyin Date Is the applicant also the owner of the subject property? ❑Yes 11.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 ® Nachanges as of Date 08/31/23 Signature .f.. _1 A• A. ZtC/l.CZa,C,lL uu�y Print Name Michaela D.McKinney Revised 11.09.20i 3 I E • Kids Adventure Agenda Item 12 Page 10 Disclosure Statement Disclosure Statement Vi3 Cay of Yin Jima Bach Planning&Community Development `F. Owner Disclosure Owner Name Sikiru Adedoyin Applicant Name Kids Adventure Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?D Yes II No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-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 II No • If yes,what is the name of the official or employee and what is the nature of the interest? a"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. ^"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(fii)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 11.09.202c 5 Kids Adventure Agenda Item 12 Page 11 Disclosure Statement ph:: Disclosure StatemenNiii3 t Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing in co ection with the subject of the application or any business operating or to be operated on the property? ❑Yes ONO • 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 n connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provide9n connection with the subject of the application or any business operating or to be operated on the property?0 Yes Fr o • 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 Kilo • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor i connection with the subject of the application or any business operating or to be operated on the property?0 Yes No rri • If yes,Identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,identify the firm and individual providing the service. Revised 11.09.2010 6 1 P a't Kids Adventure Agenda Item 12 Page 12 Disclosure Statement Disclosure StatementV13 eirvqf 554vosr brocA .. Planning&Community Dev:. rr t 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?0 Yes • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title 22,MtH 23 — — Data Revised 11.09,2020 7 I i-"F Kids Adventure Agenda Item 12 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Kids Adventure Agenda Item 12 Page 14 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 12 Kids Adventure RECOMMENDED FOR APPROVAL Madam Clerk: They're WebEx. Yeah, agenda item 12, Kids Adventure is an application for a conditional use permit for a family daycare home at 5408 Larissa Court in District one. Mrs. Modinat Adedoyin. Mr. Alcaraz: Please, if you can take the conversation outside so we can finish. Thank you. Alright, can you hear us? Ms. Adedoyin: Yes sir. Mr. Alcaraz: Go ahead and state your name and your application. Ms. Adedoyin: My name is Modinat Adedoyin., I am a childcare provider for Kids Adventures and I am already certified by Navy CDH for childcare, which in my house now in 5408 Larissa Court, I have four kids, which I do take care of. And I am here today for my conditional use permits to get a state license together with my CDH certification. Mr. Alcaraz: Okay. Thank you. I think we one we speaker. Madam Clerk: We have one speaker yes via WebEx. Mr. Alcaraz: Okay. We have another speaker that's gonna speak and just hold on please. Madam Clerk: Calling Milena Mektesheva. Mr. Alcaraz: Hello? Can you hear us? Ms. Mektesheva: Hi. Yeah,:l can hear you. Hi. Mr. Alcaraz: Address. Ms. Mektesheva: Sorry? Mr. Alcaraz: We need your address. Ms. Mektesheva: Yeah. I live in 5408 Larissa Court next to the proposed daycare house. My main concern is the proposed daycare might have up to 12 children, so the traffic, we might potentially have like 12 cars coming in and out of our little dead end and it's not that the house is located like at the very, at the entrance of the street. It's located like at the end of our dead end and, we have like a few elementary school and middle schoolers that will walk to their bus stop all the way along the Larissa Court. So I'm kind of worry about the safety with increased traffic and my second concern is noise level. Our dead end, like our core little core has a very good acoustics. You,can hear everything basically. So, I can ask our neighborhood kids who play here like, move somewhere else, but I don't know what the daycare, what the level of noise will be. And my last concern is about the property values. Will it increase it, will it decrease it? That's it. Mr. Alcaraz: All right, thank you. Madam Clerk: That's our only other speaker for this item. Mr. Alcaraz: Is she still on? Madam Clerk: Calling back Modinat Adedoyin. Mr. Alcaraz: Hello? Ms. Adedoyin: I'm here. Mr. Alcaraz: Did you hear her concerns? Ms. Adedoyin: Yes. My daycare, although I got the letter from the state that I'm allowed to have up to 12 but with the CDH, the Navy CDH, we are only allowed to have up to six, including one of my own child that is not up to eight years old. So with me having extra kids outside, I'm only allowed to have five with the Navy CDH, because we only go with what the Navy says, not with the amount of space the state gives me. I'm only allowed to have up to six kids and for the traffic, excuse me, for the traffic, my parent only comes in at different hours. Some comes in 6:00 AM why, some comes in 10 o'clock and they each pick up their kids at different times. So none of them, ever since I started, since May, none of them have ever met each other here, they come in one time after the order. Mr. Alcaraz: Okay. Thank you ma'am. Is there any other question? Ms. Adedoyin: If there's anything called traffic in my space, I have a four parking space in front of my house and that does not even include the parents does not come at the same time. They come in different time. I have 6 o'clock that comes in, which I have another 8 o'clock, so they'd never meet here. Mr. Alcaraz: Okay, thank you. Hold tight. Is there any commissioners that'd like to ask any questions? None. Thank you. Oh, I'm sorry. We have one question. Hang on. Mr. Anderson: I just wanna be clear on the number of children. She's agreeing that there's only going to be six children in her care at any given point, and that's a condition that's part of this request or it's not? Madam Clerk: So typically what we've done with similar family daycare home is we allow up to 12 to be in line with the state, and that would, if anybody decides to add d additional kids in the future,it would prevent them having to come back to do a modification just to increase the number of kids. So that's been our standard practice for similar applications. • • Mr. Anderson: Is she saying that she's willing to agree to six as a limit'? Mr. Alcaraz: You may ask her. Ms. Idadutwin: Yes. I agree to only have six. Yes, because I'm with the CDH, I'm certified with the e Navy CDH as childcare development home so we are only allowed to have up to six in our house, no more than six. Mr. Alcaraz: Okay. Thank you. Any other questions from the commissioners? None. All right. Thank you ma'am. All right. We're closed. Any discussion'? If not, I will take a motion. • Ms. Eyler: I will move that it would be approved but it would be limited to six, not 12 children. Mr. Alcaraz: Thank you, I have a motion by Ms. Byler. Mr. Parks: Second. Mr. Alcaraz: Second by Mr. Parks. Madam Clerk: The vote is now open. By a vote of nine to zero with one absent, this item has been recommended for approval. _ AYE 9 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston ABSENT Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE C, 4) C, VN 0 � ' r .10 rj/ Site Speedgearz, LLC t4'• I Property Polygons 212 Dorset Ave 171 Zoning Building Feet 0 510 20 30 40 50 60 xu 4 4`i-".: CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: SPEEDGEARZ, LLC [Applicant] COVINGTON FAMILY TRUST [PROPERTY OWNER] Conditional Use Permit (Automobile Repair Garage) for the property located at 212 Dorset Ave (GPIN 1477041749). COUNCIL DISTRICT 4 MEETING DATE: September 19, 2023 (Deferred on September 5, 2023) • Background: The applicant is requesting a Conditional Use Permit for an Automobile Repair Garage in order to service up to 10 motorcycles daily on this 13,389 square feet site along Dorset Avenue. The site is currently developed with a 2,295 square- foot building with garage doors located at the back of the building. The rear yard is enclosed with a privacy fence with the dumpster located behind the building. Motorcycle services will include maintenance services such as oil changes, repairs, bodywork, and customizations. Motorcycle bodywork includes exterior alterations such as replacing turn signals, the seat, and headlights. Bodywork does not include heavy-duty work such as replacing transmissions or engines. Customizations include enhancing the aesthetic of the motorcycles with aftermarket products such as different color panels and various headlight designs. • Considerations: This site will be in conformance with the Comprehensive Plan, as the Central Village District within the Pembroke SGA envisions small businesses being vital in creating a socially and economically focused area. Auto-oriented uses in this vicinity include a collision center and a used car dealer. The minimum parking requirement is exceeded by one space and the proposed repair garage will generate a traffic volume that is consistent with other commercial uses that are permitted by-right in the B-2 Community Business District. No alterations to the interior or exterior of the building are proposed with this application. However, the applicant is proposing to add evergreen shrubs along the parking lot adjacent to the pharmacy. At the September 5th City Council hearing, opposition was present. There was 1 speaker who stated concerns about gambling machines on site, customers parking on the adjacent property and the dumpster being placed on the adjacent property. Based on the concerns of the opposition, Council recommended a deferral until Speedgearz, LLC Page 2 of 2 September 19th to further investigate the concerns addressed by those in opposition. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 10-0. 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 2. No motor vehicle repair work shall take place outside of the building. 3. No motor vehicles associated with the Conditional Use Permit shall be parked within any portion of the public right-of-way. 4. There shall be no outdoor storage of equipment, parts, tires, or materials. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the 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. • 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(n( v City Manager: )r-p Applicant Speedgearz, LLC Agenda Item Property Owner Covington Family Trust Planning Commission Public Hearing August 9, 2023 \I3 City Council District 4 1. 3 Virginia Beach Request Conditional Use Permit(Automobile Repair Garage) \\ i i I `��_ 1—n \ Staff Recommendation W p Approval ... 4 _I__4-_4 _ .,,JEA NE T 3 Z F� ° Staff Planner 1_S-BROADiST<_ = d Q Michaela McKinney ce a Sadie McNaughton _ - ___ i t Si . ,. i /Location CLEVELAND ST 212 Dorset Avenue N I SOUTHERN BLVD p- GPIN o 1477041749 rim, _. ySite Size a 13,386 square feet AICUZ , >` i . s •' \ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District - Z( IB --` Automobile Repair Garage/ B-2 Community it ,, i I , L Business w ' n �' _r i Surrounding Land Uses and Zoning Districts - ° :r e , , •i ` j, cI North vo. M,,,,. Retail,Automobile Repair Garage, Used Car ' 1 °'�' , r -,, 0"- �: South Bank/B-2 CommunityBusiness r F i , . ., _ 1 "*' ..<_4 Automobile Repair Garage/B-2 Community y 'I� ,3y�i Business, 1-2 Heavy Industrial • r t ' East _ Retail, Car Wash,Car Dealer/B-2 Community '` �' *�-'"- CLEVELANVsT Business ..- "" % r , r - -=-, nrrT West a Dorset Avenue Automobile Repair Garage/B-2 Community Business Speedgearz, LLC Agenda Item 13 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automobile Repair Garage on Dorset Avenue. The 13,386 square feet property is zoned B-2 Community Business. • The applicant is proposing to operate the Automobile Repair Garage within an existing 2,295 square foot building. The applicant intends to perform standard motorcycle maintenance services such as oil changes. Other motorcycle services,such as repairs, body work and customizations will also be performed. Motorcycle body work includes exterior alterations such as replacing turn signals,the seat, and headlights. Body work does not include heavy duty work such as replacing transmissions or engines.Customizations include enhancing the aesthetic of the motorcycles with aftermarket products such as different color panels and various headlight designs.The applicant anticipates 5 to 10 motorcycles will be serviced daily. • All work and storage of materials will occur inside the building. • No alterations to the interior or exterior of the building are proposed with this application.The applicant is, however, proposing to add evergreen shrubs along the drive aisle that divides the property from the adjacent Pharmacy. • The applicant is keeping the current signage displayed on the building. • The hours of operation are proposed between the hours of 10:00 a.m.to 6:00 p.m.,Tuesday through Friday, and 10:00 a.m.to 5:00 p.m. on Saturday.Three to six employees are anticipated. • Per Section 203 of the City Zoning Ordinance,one parking space per employee on a maximum working shift is required and three parking spaces per bay door.The Conceptual Site Plan shows nine parking spaces, exceeding the minimum required parking by one space. 4 3 Zoning History Bz # Request _ 1 CUP(Motor Vehicle Sales and Service)Approved Vl 07/03/2012 •, 0 , A o L ] 2 CUP(Tattoo Parlor)Approved 08/14/2001 v\\\ • 2 3 CUP(Automobile Repair and Car Wash)Approved 02/01/2000 I1 I 4 CUP(Motor Vehicle Sales)Approved 05/26/1992 5 REZ(B-2 to I-1)Approved 11/08/1982 _-. CLEVELAND ST 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 Speedgearz, LLC Agenda Item 13 Page 2 Evaluation & Recommendation In Staff's opinion,this request for a Conditional Use Permit for an Automobile Repair Garage is acceptable.The proposed use is consistent with the Comprehensive Plan's land use policies for the Central Village District within the Pembroke Strategic Growth Area, as the master plan envisions small businesses being vital in creating a socially-and economically focused area. In Staff's view,the use will provide a convenient and needed service to the community, and it is complementary to other auto-oriented uses nearby. Multiple zoning violations relating to Bulk Storage were issued to the previous tenant operating within this building, as vehicles were stored on the property without a Conditional Use Permit for a Bulk Storage Yard.The applicant has occupied this building since October 2022 and was made aware of the need for a Conditional Use Permit in December 2022 to operate an Automobile Repair Garage has since been taking steps to improve this site by removing the existing cars and debris in the vacant space located in the back of the building while maintaining the existing landscaping.To improve the aesthetics of the site and to provide additional screening to the adjacent property owners,the applicant is agreeable to Staff's recommendation of additional plantings consisting of shrubs along the drive aisle. In Staff's opinion,the traffic generated by the proposed motorcycle repair will result in a total of 48 average daily trips. The existing data shows a generation of 48 average daily trips for the one-acre B-2 zoned lot.The proposed use will generate a traffic volume that is consistent with other commercial uses that are permitted by right in the B-2 Community Business District. In sum,the proposal is consistent with the Comprehensive Plan and is a compatible use with adjacent properties along Dorset Avenue;therefore,Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 2. No motor vehicle repair work shall take place outside of the building. 3. No motor vehicles associated with the Conditional Use Permit shall be parked within any portion of the public right- of-way. 4. There shall be no outdoor storage of equipment, parts,tires, or materials. 5. All on-site signage shall meet the requirements of the City Zoning Ordinance.There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs. 6. There shall be no portable or nonstructural signs or electronic display signs on the 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. 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 Speedgearz, LLC Agenda Item 13 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as located in the Central Village District of the Pembroke Strategic Growth Area (SGA).The vision for this subarea is to weave a plethora of activities and interests into neighborhoods while supporting small businesses. According to the SGA Plan,small businesses will be a vital element to creating a social and economically focused district. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. No historical or cultural resources will be affected by this proposal. Traffic Impacts StreetName: :: _Present'Volume �' s Present.Ca 0acit Generated Traffic i Dorset Avenue 3,250 ADT1 9,900 ADT 1(LOS 4"D") Existing Land Use s-48 ADT Proposed Land Use 48 ADT 'Average Daily Trips 2 as defined by an auto repair 3 No information available in the 4 LOS=Level of Service center ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Access to this site is currently from Dorset Avenue,which connects to Cleveland Street within the limits of the Cleveland Street Phase IV project,which is scheduled to begin construction in 2027. Public Utility Impacts Water&Sewer The site is connected to both city water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. Speedgearz, LLC Agenda Item 13 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26,2023 and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 22, 2023 and August 29, 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 August 21, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Speedgearz, LLC Agenda Item 13 Page 5 Proposed Site Layout lal I Jr ,,' �.-.. g I 1 yfi f ,u) % tip . A , ,, . , tIs. ,r, Ks 1 • Z iR 1 i r ,Itt -t 0 11/1 ' - I, .,-.1 :,, .. . , - t '''''-. -- - litie' 4#Fe'i .; Rear Yard e i �,. axe ^'... :, • 4 i 7 Dumpster ;,,A; } d Location 1 . i ' t i it; Building "� '1 will , . ; ill' 1.1 t IN Et • Proposed , � ` - �. _ ...�iiiirldr�,�,? Plantings �: ,.., _ .�. - r..r ' ,-- Parking Lot * I ,.... Dorset Ave Existing • > . Plantings s` , Speedgearz, LLC Agenda Item 13 Page 6 Site Photos at 1. e„ =� Te +�a, °" ,. - 11, Y.1'H s F. Speedgearz, LLC Agenda Item 13 Page 7 Disclosure Statement Disclosure Statement Cxy of,; nkBova • 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 rZ.Apyeit plicant Name S . Does the applicant have a representative? F Yes ❑No • If yes,list the name of the representative. r 071-1.5-fr hc-t Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes t NO • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I P a Speedgearz, LLC Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement 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?0 Yes XNo • 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? ❑YesVo • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ,�No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes KNo • 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 Ail° • If yes,identify the purchaser and purchasers service providers. 2 I r Speedgearz, LLC Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?0 Yes XNo • 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?0 Yes 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 ANo • 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 Co ncll,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applic444rz nature Chaa's+ph.ele fief eklue DLvn Print Name and Title is the applicant also the owner of the subject property? 0 Yes lip No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must bo updated two(2)weeks prior to any Planning Commission and City Council meetin_ that pertains to the applications ® No changes as of Dace 08/22/2023 signature ?y D. Print Name --- —� Michaela D.McKinney 11.09.2020 3 I P a g Speedgearz, LLC Agenda Item 13 Page 10 Disclosure Statement Disclosure Statement .._ 1/3 Ciiy of VI giio Beath Planning&Community Development Owner Disclosure Owner Name Covington Family Trust Applicant Name SpeedGearz,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?in Yes El No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Gloria H.Covington-Trustee • 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 ❑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 Speedgearz, LLC Agenda Item 13 Page 11 Disclosure Statement Disclosure Statement 1A3 Virvieauw Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes D No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ❑No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. 6 I i Speedgearz, LLC Agenda Item 13 Page 12 Disclosure Statement Disclosure Statement 1213 (Ito of vast..Bard, Planning&Community Development 8. is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing legal the service. 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 publicc body or committee in connection with this application. Uvc-sr F.L l��r �/fl. 1 u.d� ._. Owner Signature CT � (�/D ria 17 1 6(I,• Nei/(A. Print Name and Title //c7/4 Date 7 I r Speedgearz, LLC Agenda Item 13 Page 13 • Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Speedgearz, LLC Agenda Item 13 • Page 14 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 13 Speedgearz, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item on consent is item number 13, Speedgearz LLC, Covington Family Trust, is a representative here? Mr. Heidelberg: Good afternoon, Christopher Heidelberg, owner operator of Speedgearz. Mr. Horsley: Are the conditions acceptable? Mr. Heidelberg: Yes sir. Mr. Horsley: Has any opposition to this application? Seeing none. We've asked commissioner Byler if she would read this one. Mr. Heidelberg: Thank you. Ms. Byler: The applicant is requesting a conditional use permit to operate an automobile repair garage on Dorset Avenue. The 13,386 square foot property is zone B-2 community business currently. The applicant is proposing to operate the automobile repair garage within an existing 2,295 square foot building. The applicant intends to perform standard motorcycle maintenance services, such as oil change and other motorcycle services; however, no heavy duty work such as replacing transmissions or engines. This will largely be customizations and aesthetic work on motorcycles. The applicant has agreed to the conditions recommended by staff and there is no known opposition. Therefore, it is appropriate to be on the consent docket. Mr. Horsley: Thank you, sir. So, Mr. Chairman, I'd like to place a motion that we approve item number one, City of Virginia Beach; item number five, London Bridge Development, LLC; item number seven and eight SHJ Construction Group, LLC; item number 11, Burnette Baum Development Corporation; item number 13, Speedgearz, LLC; number 14, 15, 16, 17 and 18 Short term rentals. Mr. Alcaraz: Thank you, Mr. Horsley. All right. Do I have a second on that motion? Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. By a vote of 10 to zero items 1, 5, 7, 8, 11, 13, 14, 15, 16, 17 and 18 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE Zoning Complaint File ID: ZCMP-65393 GPIN: Complaint By Complainant Name Phone Complaint Address 212 dorset AVE Business Name Subdvision Date Received 07/18/2011. Received By Complaint Demolished and rebuilt load bearing walls and have Description done electrical upgrades without any signs off permit. Nature of Complaint Violation Description Action Taken 7/19/11 Detail Shop in back unit and no work going on. Owner of front unit is at 200 Dorset Ave. He showed me the front unit and it is being used as storage. No electrical going on. Results No futher action required by Electrical Inspector Compliance Date Court Folder No. Inspection Date Inspection Type Inspector Inspection Result Result Comment Thursday, September 07, 2023 Zoning Complaint File ID: Z0MP-65624 GPIN: 14770417490000 Complaint By Complainant Name Phone Complaint Address 212 dorset AVE Business Name Subdvision Date Received 08/05/2011 Received By Complaint doing major structural changes to the building without a Description permit. Nature of Complaint Violation Description Action Taken Previous complaint 65393 Results Compliance Date Court Folder No. Inspection Date Inspection Type Inspector Inspection Result Result Comment Thursday, September 07, 2023 Zoning Complaint File ID: ZCMP-66796 GPIN: 14770417490000 Complaint By Complainant Name Phone Complaint Address 212 DORSET AVE Business Name Subdvision Date Received 03/20/2012 Received By Complaint BuLK STORAGE; NO CUP Description Nature of Complaint Violation Description Action Taken 3/20/12-30 DAY LETTER CERTIFIED SENT TO P/O AND PROPERTY BLIND TO BOTH. - Results 3/20/12- DIARY 30 DAYS. APRIL 25, 2012 3/28/12- SPOKE TO P/O. STATED THAT THE GUY AT THE CORNER WAS RENTING THE LOT FOR AUTO DETAILING WHICH IS DONE IN THE BACK OF THE PROPERTY. NO BUSINESS LICENSE AT THAT ADDRESS AND NO CUP FOR BULK STORAGE. EXPLAIN Compliance Date 04/18/2012 Court Folder No. Inspection Date Inspection Type Inspector Inspection Result Result Comment Thursday, September 07, 2023 - - t r Jam. ^_ C ,, NI i ,._ ------- TW''''''''''' __,_ , B2 {� -- 26 _ ...._________--1,2 p/r! _____________. ._____ .....i ----- t 0 .-------- 74„ ._------- GA---''' ,--li .‘i 1,./7,,,, ....., ,,_ „low ___,„,,- i c / ,... ,,,,,,....,.,„--- _______,....._ i ,f /// 1 . _ r f ^B�1 r ram; c rr • I. 11 12 o0 :u + / l i r? r_f-pBZ B2 / # / • / r I , --- R1:02 4 jR19 12 . K / Site W-rit I Property Polygons London Bridge Development, LLC - ' NE Zoning 130 London Bridge Road Building Feet 0 40 80 160 240 320 400 480 U,6 4`, `µV�f CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: LONDON BRIDGE DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 130 London Bridge Road (GPIN 2407048646). COUNCIL DISTRICT 6 MEETING DATE: September 19, 2023 (Deferred on September 5, 2023) • Background: The applicant seeks a Conditional Use Permit for a Bulk Storage Yard to operate a temporary laydown yard to support the construction of the Coastal Virginia Offshore Wind (CVOW) project. The 18.25-acre property is zoned I-1 Light Industrial District. Materials such as manholes, cable reels, PVC conduit, vibratory caissons, transmission poles, and operational vehicles, such as forklifts and crane trucks, will be stored on the property. Access to the site is from an existing single access point along London Bridge Road. As conditioned and agreed by the applicant, flexible posts that are affixed to the pavement will be installed to prohibit left turns onto London Bridge Road. Due to the temporary nature of the request, Staff has conditioned that the approval of the Conditional Use Permit would be for a period of 3 years with the option for two, 1-year extensions. A site plan was recently approved for this site for the construction of an office/warehouse complex, which will begin construction upon expiration of the Conditional Use Permit. While bulk storage yards are typically required to be screened on all sides with fencing and landscaping, the applicant is requesting a deviation from these requirements since this is a temporary use. The applicant has agreed to install a privacy fence along the west property line to screen the site from London Bridge Road. Since the applicant recently worked with the City to clear out a homeless encampment from the property, staff from the Planning Department and Police Department have agreed to delay the installation of the fence until a later date, to be agreed upon by the Police and Planning Departments. • Considerations: The Planning Commission concurred with Staffs recommendation that the proposed use of a temporary laydown yard to support the operations of Dominion Energy and the CVOW project, is acceptable. The Planning Commission also supported the request to deviate from the bulk storage yard screening requirement since materials will be stored in the interior of the site to minimize the visibility of the materials from London Bridge Road and the site is well screened by existing vegetation to the north, east, and south of the site. London Bridge Development, LLC Page 2 of 2 The request was deferred by City Council at the applicant's request as he was unable to attend the public hearing. There was a speaker in opposition to the request at the City Council public hearing regarding the sale of the property. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. • Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Layout exhibit entitled, "Conceptual Site Layout — London Bridge Laydown Yard," dated June 22, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain valid for a period of three years from the date of City Council approval. Prior to the 3-year expiration period, the applicant, upon written request to the Director of Planning, may request a one- year extension of the Conditional Use Permit approval. Approval of such extension shall be subject to the review and approval of the Director of Planning. No more than two, one-year extensions shall be granted. 3. Except as depicted on the Conceptual Site Layout, perimeter fencing and Category VI landscaping shall not be required. This is a deviation to Section 228 of the Zoning Ordinance. 4. A 6-foot tall privacy fence, depicted on the Conceptual Site Layout, shall be installed at a time agreeable to both the Virginia Beach Police Department and the Department of Planning and Community Development, at which time the existing chain-link fence along London Bridge Road shall be removed. 5. The applicant shall install flexible posts that are affixed to the pavement or a method approved by the Department of Public Works on Commerce Parkway to prevent motorized vehicles from making left turns onto London Bridge Road. The posts shall be maintained for the duration of this use. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DepartmentlAgency: Planning Department City Manager: Applicant & Property Owner London Bridge Development, LLC Agenda Item Planning Commission Public Hearing August 9, 2023 City Council District 6 5 (.„„,,, Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation `` t ` Approval Jr W Staff Planner �� ' Hoa N. Dao ONES,,,) Location ,,,,,, - Ifil..7 0, IP 130 London Bridge Road GPIN 2407048646f ¢ 2 Site Size o M Por,ERSRO 18.25 acres " o '--r. 4 AICUZ �"yc C ,,,„,E". a am Greater than 75 dB DNL;APZ-1 r . �ONf>DN Si [C.,Watershed ° E` _ ,,,R„F si o Chesapeake Bay Existing Land Use and Zoning District Vacant parcel/I-1 Light Industrial ; ; : ; :..!— . ate ; h w J Surrounding Land Uses and Zoning Districts ' �� = 'aG�N �'' North � r� • ; a ' •.„„h . ;;I Interstate 264 .. / y � 4 . .�► r r South , 1. r, d, ' ,.. ' Abandoned railroad ..ii1 "�. ►•-�'° +1. } Cultivated land, undeveloped parcel/1-2 Heavy f� fi* o . MEaCE � ; Industrial, R-10 Residential ro kli ' sI East '�, ;; y t0 + t+ v . Wooded parcels/B-2 Community Business, 1-2 �` z:, .;,'� ,* ."+ Heavy Industrial , . ;w ,' ': Y. West w.::+-..,„I ►�41,. 'I'* , ' - .•t . ,. London Bridge Road zG' ; Plant nursery/B-2 Community Business =' �, � ` „ p �� London Bridge Development, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Use Permit for a Bulk Storage Yard to operate a temporary laydown yard to support the construction of the Coastal Virginia Offshore Wind (CVOW) project.The 18.25-acre property is zoned I-1 Light Industrial District and is located within the Lynnhaven Strategic Growth Area (SGA). • Materials such as manholes, cable reels, PVC conduit,vibratory caissons,transmission poles, and operational vehicles, like forklifts and crane trucks,will be stored on the property. • This site recently received site plan approval for construction of an office/warehouse complex, which will begin construction upon expiration of the laydown yard.The durational need of the proposed laydown yard is estimated to be for three years with option to extend it for two additional years. • Access to the site is from an existing single access point along London Bridge Road. ` � • �� ' Zoning • r---- History �,j % # Request B � 1 CUP(Tattoo Parlor)Approved 02/15/2022 .-----;::1---4 ' P. 2 CRZ(B-2 to Conditional I-1)Approved 01/20/2015 / CUP(Indoor Recreational Facility)Approved 01/25/2005 '2 '2 CUP(Outdoor Recreational Facility)Approved 'i//Jj///B2 06/10/1997 ez 1 CUP(Religious Use) Denied 06/28/1994 3 CUP(Motor Vehicle Sales)Approved 10/12/1993 . ,_ ..�i 4 CRZ(R-5 to Conditional B-2)Approved 10/10/1980 ; 4 -10 1) 1 12 12 i•Fop U Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—LandUsePlan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation This proposal for a temporary laydown yard to support the operations of Dominion Energy and the CVOW project, in Staffs opinion, is acceptable. It is Staff's opinion that the use will be minimally intrusive to adjacent property owners. The site is bounded by Interstate 264 to the north, an abandoned railroad to the south,wooded parcels owned by the United States Navy to the east, and London Bridge Road to the west.As previously stated,this is a temporary use of the site for a maximum of five years, after which it will be developed as an office/warehouse complex. All materials are proposed to be stored in the interior of the site to minimize the visibility of the materials from London Bridge Road with operational vehicles to be parked in the existing paved parking area. Section 228 of the Zoning Ordinance requires Bulk Storage Yards to be fully enclosed by a privacy fence and Category VI landscaping.As this is a temporary use and the site is well screened by existing vegetation to the north, east,and south,the applicant seeks to deviate from Section 228 requirements. Instead of the required perimeter fencing and Category VI landscaping,the applicant proposes to replace the existing six-foot chain-link fence along London Bridge Road with a six-foot privacy fence as depicted on the Conceptual Site Layout. Staff is agreeable with the requested deviation. In addition,the London Bridge Development, LLC Agenda Item 5 Page 2 applicant recently collaborated with the City to clear out a homeless encampment on the property. Due to concern of potential crimes and reoccurrence of the homeless encampments,the Police Department has requested to delay the installation of the privacy fence until a later date,which is addressed in Condition 4 below. Access to the site will be from the existing entrance on London Bridge Road. Flexible posts that are affixed to the pavement are proposed to be installed to prohibit left turns onto London Bridge Road. Staff is agreeable to utilizing flexible posts for this temporary use. While London Bridge Road is already overcapacity,the proposed use is not expected to generate significant traffic volume.Stormwater review has been completed for the future buildout of this site for an office/warehouse complex and the proposed temporary laydown yard does not meet the threshold for a stormwater impact analysis. Based on the considerations described, Staff recommends approval of this request,subject to the conditions listed below. Recommended Conditions 1. Operation of the site shall be in substantial conformance with the submitted Conceptual Site Layout exhibit entitled, "Conceptual Site Layout—London Bridge Laydown Yard," dated June 22, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. This Conditional Use Permit shall remain valid for a period of three years from the date of City Council approval. Prior to the 3-year expiration period,the applicant, upon written request to the Director of Planning, may request a one-year extension of the Conditional Use Permit approval. Approval of such extension shall be subject to the review and approval of the Director of Planning. No more than two, one-year extensions shall be granted. 3. Except as depicted on the Conceptual Site Layout, perimeter fencing and Category VI landscaping shall not be required.This is a deviation to Section 228 of the Zoning Ordinance. 4. A 6-foot tall privacy fence, depicted on the Conceptual Site Layout,shall be installed at a time agreeable to both the Virginia Beach Police Department and the Department of Planning and Community Development, at which time the existing chain-link fence along London Bridge Road shall be removed. 5. The applicant shall install flexible posts that are affixed to the pavement or a method approved by the Department of Public Works on Commerce Parkway to prevent motorized vehicles from making left turns onto London Bridge Road.The posts shall be maintained for the duration of this use. 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. London Bridge Development, LLC Agenda Item 5 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Lynnhaven Strategic Growth Area (SGA).The Comprehensive Plan designates this as one of the eight urban areas in the City that is envisioned to accommodate future growth and adopt a more urban style in the City.The land use plan for the subject area is designated for industrial use, in the "innovation zone" of the SGA. A temporary storage and laydown yard would be in keeping with the vision of this area. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. No historical or cultural resources will be affected by this project. Traffic Impacts ;Street Name; r Present Volume Present Capacity zf Generated Traffic , . Existing Land Use 2a—0 ADT London Bridge Road 38,040 ADT' 32,700 ADT 1(LOS 4"D") Existing Zoning 2b-1,390 ADT Proposed Land Use 3—No Data Available 'Average Daily Trips 2a as defined by a vacant 18.25- 3 No information available in the 4 LOS=Level of Service acre parcel ITE Trip Generation Manual for event venues 2b as defined by an 18.25-acre parcel zoned I-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road is a divided four-lane Major Suburban Arterial roadway and is included on the Master Transportation Plan as a future divided roadway with a bikeway on a 120-foot right-of-way section. Public Utility Impacts Water City water is available to the site.There is an existing 12-inch City water main along London Bridge Road and eight-inch City water main that has been extended to the property. Sewer City sanitary sewer is available to the site.There is an existing 16-inch HRSD force main along London Bridge Road and six-inch City force main that has been extended to the property. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. London Bridge Development, LLC Agenda Item 5 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 22, 2023 and August 29, 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 August 21, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. • • London Bridge Development, LLC Agenda Item 5 Page 5 0 0 vil IV a N - (1 " I— a OTT FID VIBRATORY �. w..:r CAI$sOI.S -��_- LEGEND , �B aP"`� N d '—�{_ Y ..-» �+ �A ��_ MN DOUBLE-STACKED AND CRIBBED 0 _ hit��+—�■�� 31%T VIBRATORY CAISSONS C"*" .,b • J . ��1%I/IIII��BIIB�eror elms ` IOW e) for Div hR v6RATt�c`.r _ n DOUBLE,STACKED TACKED AND CRIBBED ' V M,"°r 8 ,-CAI$$0N9 ,� R�IRR� R� $ 17% f1B VIBRATORY CAISSONS (CITY NM) _ ' , —_ `� DOl1BL STACKED AND CRIBBED J ' f ��' 'K `-R --��' f I SE%6'F7C VIBRATORY CAISSONS igirr DOl1BLESTACKED AND CRIBBED ce. .- 1 _.. 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MINIM MMMIIII f— - -- avERirA vRc-mn FxcxarlR----- "" - —i-- pow p ]pNR. _ -- »'- I)'S CONCEPTUAL SITE LAYOUT O s an , 11V co !t ' '/ 1 • GLON DON BRIDGE LAYDONM YARD BEAD, VIRGMIA a a _ _ ro ®®lir�Lei . - A. 0 rD D r(D °0 o m• 10 CU• rD al rD rn vt n Proposed Site Layout • ‘ n • f ' 3�,, p a ' ! {u (I 4' t • # ', ` 1. y' k ' ',', - '.,- — . : '; r .; --- '' k i'' .` • _J 1j1 1Fi.el 4d. t . ` ~ C _ yy di 1 i.,...' `4 *"" 1 . i - , W2m Nik ' . i ..• 4 : ,,,..elkz,o, .40 3.-4 7.,"‘ : ': .„2,..1., ---, r _ie ‘.44411"..11......,.. .. .0.,...,„... .. r_..... •.,............ . ,, .. . -, a i IsS _ c.. .. _ -I'`-+ t,. .� -t.. ♦ gp 1.16 -t �•i l� f lit ` �p ... 0 }ice� y• 1 .. . ,. •` si.♦,� London Bridge Development, LLC Agenda Item 5 Page 7 Site Photos 1' a,- b r. 9 _ ' • s ^ ' y London Bridge .,. — _ __ _fir ..- �� _ .....a^ _ t ` _^` -- ! , r , '� . 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'''1•4.:''' ,. ..- '!. .. -•• . ., .. . :.... ..,, .N.. i London Bridge Development, LLC Agenda Item 5 Page 9 Disclosure Statement Disclosure Statemen City 44'iryimu Bmrh 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 London Bridge Development,LLC Does the applicant have a representative? IN Yes ❑No • If yes,list the name of the representative. William"Bill"DeSteph Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?U Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Bill DeSteph-Managing Partner • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) No '"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 London Bridge Development, LLC Agenda Item 5 Page 10 Disclosure Statement Disclosure Statement City of Virginia Barth 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 MI 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 UN No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes I No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Cherry Bekaert LLP 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?II Yes ❑ No • If yes,identify the firm and individual providing the service. Robyn Niss-Kimley Horn 5. Is there any other pending or proposed purchaser of the subject property?❑Yes lU No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I London Bridge Development, LLC Agenda Item 5 Page 11 Disclosure Statement Disclosure Statement Ciry of Virginia aearil 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?II Yes ❑No • If yes,identify the company and individual providing the service. Bay Legacy Construction 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?III Yes ❑No • If yes,identify the firm and individual providing the service. Kimley Horn•Robyn Niss 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature William R DeSteph Print Name and Title c0.l?-3 Date Is the applicant also the owner of the subject property? It Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No changes as of Date 2023.09.08 sienatm• „//J - Print Name Hoa N.Dao 3IF London Bridge Development, LLC Agenda Item 5 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. London Bridge Development, LLC Agenda Item 5 Page 13 Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 5 London Bridge Development, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you Mr. Chairman. The first item on the consent agenda today is item number one, City of Virginia Beach. And it's the,,we need to take a vote on the Planning Commission's annual report. I don't think we need anybody to read anything into the record. We just need to have a vote on that. All right, the second item on the consent agenda is item number five, London Bridge Development, LLC. The representative is here? Bill DeSteph: Commissioners, Mr. Horsley, good to see you sir. Mr. Horsley: Nice seeing you, sir. Are the conditions acceptable? Bill DeSteph:Yes sir, they are. Mr. Horsley: Thank you, sir. Anybody in opposition to this item? If not, we've asked Mr. Plumlee to read it into records. Thank you, Senator. Bill DeSteph: Thank you, commissioners. Thank you Mr. Horsley. Mr. Plumlee: This item is for approval of a laydown yard at 130 London Bridge Road. This is a yard associated with the coastal Virginia Offshore Wind Project. It's on 18.25 acres, which is already zoned light industrial. It's currently a zoned office location. This use is temporary. The initial period of approval is three years with the ability to amend and add an additional two years, one year at a time and there is no opposition and it appears best to be approved through consent. Mr. Horsley: Thank you, sir. So, Mr. Chairman, I'd like to place a motion that we approve item number one, City of Virginia Beach; item number five, London Bridge Development, LLC; item number seven and eight SHJ Construction Group, LLC; item number 11, Burnett Baum Development Corporation; item number 13, Speedgearz, LLC; number 14, 15, 16, 17 and 18 Short term rentals. Mr. Alcaraz: Thank you, Mr. Horsley. All right. Do I have a second on that motion? Ms. Cuellar: Second. Mr. Alcaraz: Second by Ms. Cuellar. Madam Clerk: The vote is now open. By a vote of 10 to zero items 1, 5, 7, 8, 11, 13, 14, 15, 16, 17 and 18 have been recommended for approval. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE t t 5 1' 1 \ t l \ \ \ t 4 t �t 'i1" t t tit t\ tt t t \ . ,,, . • , 1 t �� • C .,, \ ----- _ -_ _ Street /// Site Frances Robbins-Oman \Nei Property Polygons 907 Pacific Avenue 5 Zoning Building Feet 0 510 20 30 40 50 60 / -� 1 �; ..ems,, s, J,, Pik:^: CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: FRANCES ROBBINS-OMAN [Applicant] FRANCES ROBBINS-OMAN AND KYLE OMAN [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 907 Pacific Ave (GPIN 24272444111000). COUNCIL DISTRICT 5 MEETING DATE: September 19, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom Short Term Rental unit within the Pacific Place condominium. • Considerations: The applicant is requesting to operate a one-bedroom, 285-square-foot Short Term Rentals within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 13 approved Conditional Use Permits for the operation of Short Term Rentals. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. There is one assigned parking space associated with this unit. Pacific Place 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. 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 August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling units addressed 907 Pacific Avenue the Short Term Rental use shall only occur in the principal structure. Frances Robbins-Oman 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 physically 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. Frances Robbins-Oman Page3of4 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 effect at the time 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 Frances Robbins-Oman 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 Departme nt/Agency: Planning Department • City Manager: Applicant Frances Robbins-Oman Property Owner Kyle R. Oman & Frances Robbins-Oman Agenda Item Planning Commission Public Hearing August 9, 2023 14 city„1 City Council District 5 Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation sy. Approval t Staff Planner r , Pamela Witham ii-14 swsx Location 907 Pacific Avenue 1 s GPIN _,--es' ' 24272444111000 Site Size 34,984 square feet gT 1 Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts ,-- . , 1 North `' ,.� Multi-family dwellings, commercial parking lot/ • «i`" • °°' OR Oceanfront Resort �� , South 4 9th Street e/ , , ' - , Municipal parking garage/OR Oceanfront ➢m ,�,,�'. M Resort It\i‘ ' .1% . 1 ' ,f�A East J' r`1 • Retail shops/OR Oceanfront Resort •*I .,:,.. West `` Pacific Avenue nnecQiKavr O Off-street parking lot/OR Oceanfront Resort _ , ) : T ; ` y= .-, r. \--- % ,it ',44 / 1 • Frances Robbins-Oman Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Thirteen Short Term Rental Conditional Use Permit applications have been approved in this 56-unit condominium development. • 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 July 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 1- rr -. NORFOCKAV-E--.._ 9 , S ,1 �r i• - 4 gib '01111, \„ \ � 04� Short Term Rentals i' 0 lop, Frances Robbins-Oman Agenda Item 14 Page 2 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a short term rental in a one-bedroom,285 square-foot unit of the Pacific Place Condominium.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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of parking spaces provided on-site: 1 Zoning History # Request ;aNgs �, + 1 CUP(Short Term Rental)Approved 07/11/2023 . — CUP(Short Term Rental)Approved 05/16/2023 � ' \ CUP(Short Term Rental)Approved 05/16/2023 1 s,, CUP(Short Term Rental)Approved 06/12/2022 $ , S l oR CUP(Short Term Rental)Approved 04/05/2022 ¶,//J \ CUP(Short Term Rental)Approved 11/09/2021 oR 0 '; CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 ', CUP(Short Term Rental)Approved 06/09/2020 -- vas CUP(Short Term Rental)Approved 04/06/2020 NoaFOjK""a _ _---____\ \\ CUP(Short Term Rental)Approved 02/04/2020 2 CUP(Short Term Rental)Approved 12/13/2022 °R CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions 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 one-bedroom, 285 square-foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 13 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance,Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further,such properties are unable to provide the required parking on-site. For these condominium properties,the Zoning Administrator may, at his 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 Frances Robbins-Oman Agenda Item 14 Page 3 Zoning Administrator shall find that there is no public inconvenience with the current parking design." Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore,only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor,which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. 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 907 Pacific Avenue 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 physically 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 Developmentfor 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. Frances Robbins-Oman Agenda Item 14 Page 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 effect at the time 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. Frances Robbins-Oman • Agenda Item 14 Page 5 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023,and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by State Code,this item was advertised in the Virginian-Pilot on Tuesdays,September 5, 2023, and September 12, 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 September 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Frances Robbins-Oman Agenda Item 14 Page 6 Site Layout & Parking Plan \‘ Vt. , , ,,, ..;,_.: . , .11,k ,,/z ,_„...--- , a It 4' ,`,' - // 'A'.' '.' '7' 1 \ i _ .- L \\\\ t y y Assigned Parking Space =" b 1 .. .gam .A. G. \ 4 t •• One assigned space in the ' Y parking lot . - I • Historical exemption to 1 e ,111 As requirements; only one space 1 r, t - needed Frances Robbins-Oman Agenda Item 14 Page 8 Site Photo owe Ng I M _ It • r W. Frances Robbins-Oman Agenda Item 14 Page 9 Disclosure Statement Disclosure Statement Planning &Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the appikatlon 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 (�An /R 7,(((I,JI A I7� Applicant Name I ntv 1�'4 " 4✓1 n�i LAW/Vile/ Does the applicant have a representative? ❑Yes • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.- See State and Loral Government Conflict of Interests Act,VA.Code§2.2.3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exist;when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner In the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Frances Robbins-Oman Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement \fi3 Planning&Community Development Known Interest by Public Official or Emolgyee 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 PNO • 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•collateralltatlon,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 I/No • If yes,identify the financial institutions providing the service. 2. Ooes the a poiicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes �No • If yet,rdentlfy the comnany and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of �the application or any business operating or to be operated on the property?0 YeS 'NncO • If yes,Identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?0 Yes X-I lO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ;Me • If yes,identify the purchaser and purchaser's service providers. 2( Frances Robbins-Oman Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement Planning&Community Develop[milt 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 TAP • 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? 0 Yes ,No • if yes,Identify the firm and individual providing the service. 8. is the applicant receiving legal services In con ection with the subject of the application or any business operating or to be operated on the property?0 Yes IO n • W yes,identify the firm and individual providing the service. Applicant Signature I certify that ell of the information contained in thNS Disclosure Statement rOrm is complete,true,and accur ate. I understand that, upon receipt of notification that the application has been scheduled For public hearing,I am responsible for updating the In( n atlon provided heroin two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board o any public body or committee In connection with this application. c.,:::10.\,os ()lino as,,n(aita DANvvi Print Name and Title Is the appll can t also the owner of the subject property? IJ(eS 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Ali disclosures must be updated two 12)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes nor 9/7/2023 signature �/ ,./ hint Name 3I Frances Robbins-Oman Agenda Item 14 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for 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. Frances Robbins-Oman Agenda Item 14 Page 13 STR VICINITY MAP FRANCES ROBBINS- OMAN \\ ,. , .....:.„.\._\ ,•,.._ _ ,, \ • -\\ _. .."-'"' .\ • VD , , ----;- -.. 4-1- \,'• - \, ,„. \ 1 \ 1 ' l Cr‘t ,I:_-- . 4,, _ o______: , .. : ---. --- ---. . ', % , _Wit , 0 :- 1 illtlyavil I if; INA° \ V t \ .. . , ‘.. \ , - • 7' -, fooP,-- t3 N 11.!,___. •1 1W110 1 or i4 )010 - , 1 , ,. ''- . ,* ' kiwi* 1111114 ,, '',. APAAIX'''' '\-- \\ \ _, -------4 „_----1 ,--- -I ,As \ lb . ,\ \ .. rkitoris \ . .-- - --- , Ilk i::_. ,... \ k Ow ...7i, \ Short Term Rentals , .... tt.;, ,, • STR Permits(22) ---- ----1.11" , _1:7:'" ----7 .:-.--.-- ' -r-T--------- ,. '\. ..„3.._\\.'... --' \ % Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Item # 14 Francis Robbins-Oman RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. The next item on consent agenda is item number 14, Frances Robbins-Oman. Ms. Robbins-Oman:Hello. I'm Frances Robbins-Oman, property owner. Mr. Horsley: Thank you. And this is short term rental and you have some conditions, are conditions acceptable? Ms. Robbins-Oman:Yes, I swear. Ms. Cuellar: Thank you very much. The applicants for agenda item numbers 14, 15. and 16 are requesting a conditional use permit for a short term rental. The properties are located in the Oceanfront Resort District. There is no opposition and the applicants agree to the conditions. Staff recommends the applications for approval, having met all the requirements, and the planning commission recommends the applications for the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE ‘, yi \\ \ . C� 11 9 0 va OR D 7 \ ____ ---- - - 9th Street r ,„ Site Jim Lutz .�1 OZoning Property Po1pgon5 921 Pacific Avenue, Unit A & 915 Pacific Avenue, Unit B •_ 11. 1 �c S) 4Qc.j t ) `.�,yv CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: JIM LUTZ [Applicant] LULU 1 LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 921 Pacific Ave Unit A and 915 Pacific Avenue Unit B (GPIN 24272444111125 & 24272444111070). COUNCIL DISTRICT 5 MEETING DATE: September 19, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate two one-bedroom Short Term Rental units within the Pacific Place Condominiums. • Considerations: The applicant is requesting to operate two, one-bedroom, Short Term Rentals within two, 450 square foot units in the Pacific Place Condominiums. Short Term Rentals are prevalent on this property with a total of 13 approved Conditional Use Permits for the operation of Short Term Rentals. The subject property lies in the Pacific Avenue corridor, which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather. Therefore, the use of the unit as a Short Term Rental is consistent with this purpose. The unit would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. There is one assigned parking space associated with each of these units. Pacific Place 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. 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 August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. The following conditions shall only apply to the dwelling units addressed 921 Pacific Avenue Unit A and 915 Pacific Avenue Unit B and the Short Term Rental use shall only occur in the principal structure. Jim Lutz 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 physically 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. Jim Lutz 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 effect at the time 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 Jim Lutz 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 Department�'t City Manager: /lb? Applicant Jim Lutz Agenda Items Property Owner LulU 1 LLC 15 & 16 Planning Commission Public Hearing August 9, 2023 cuyo City Council District 5 Virginia Beach Requests #15- Conditional Use Permit (Short Term Rental)—921 Pacific Avenue, Unit A #16- Conditional Use Permit (Short Term 1 Rental)—915 Pacific Avenue, Unit B "°r Staff Recommendation r Approval f� : Staff Planner pf DR ,� Pamela Witham a MAR OLKAY Location(s) A 921 Pacific Avenue, Unit A 915 Pacific Avenue, Unit B ,I,,vi..-e i. GPIN(s) 24272444111125 , „psi 24272444111070 -- Site Size 34,984 square feet tOSµ.S'i ,, . . , �.,1 r 1 Existing Land Use and Zoning District �� ;-,�. r . Multi Family Dwellings/OR Oceanfront Resort �' 1 ` �` ' , ,, Surrounding Land Uses and Zoning Districts - t a, North v, M Multi family dwellings, commercial parking lot/ I ' t, j ilk��-" 1°��, � � , ' = OR Oceanfront Resort l r f� South ' 9th Street . ' /`. Municipal parking ��p g garage/OR Oceanfront . . Resort �RFp�Kq� e • t , East Retail shops/OR Oceanfront Resort vs '� f �_ West 1_ . Pacific Avenue Off-street parking lot/OR Oceanfront Resort Jim Lutz Agenda Items 15 & 16 Page 1 Background & Summary of Proposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Thirteen Short Term Rental Conditional Use Permit applications have been approved in this 56-unit condominium development. • According to the applicant, neither of these properties were used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of July 17, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity ,.__ _ _ -1 ,. _ i.e.. „., ____ ,\ —1 '1, _ , \_____, 11 ,a 7e, _, 2:____ ‘ % , \ ts-- 43 6 '"� 1`rll � 1',+► , 1.17\ Alisiglai \,\ "-__...n 'c:-Ili lip \ , _i.. \1, \O- lityipp \-, N ilik 11 ii;,r rill\tisk," \,\\ �� Short Term Rentals srR a.rmno _., ,Voilitellill, flt l r 1 Jim Lutz Agenda Items 15 & 16 Page 2 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate short term rentals within two one-bedroom units on the subject property. Both are 450 square-foot units within the Pacific Place Condominium.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: 1 per unit • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 per unit • Number of parking spaces provided on-site: 1 per unit 921 Pacific Avenue, 915 Pacific Avenue, Unit A Unit B Number of bedrooms in the Short Term Rentals: 1 1 Maximum number of guests permitted on the property after 11:00 pm: 2 As recommended 2 As recommended in condition #17 in condition#17 Number of parking spaces required (1 space per bedroom required): 1 1 Number of parking spaces provided on-site: 1 1 Zoning History # Request \i(trt_ _ ' 1 CUP(Short Term Rental)Approved 07/11/2023 H� II (Short Term Rental)Approved 05/16/2023 Ili SCUP(Short Term Rental)Approved 05/16/2023 ' CUP(Short Term Rental)Approved 06/12/2022 $ s' OR CUP(Short Term Rental)Approved 04/05/2022 CUP(Short Term Rental)Approved 11/09/2021 OR 7 '. '' CUP(Short Term Rental)Approved 03/02/2021 'e CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 08/25/2020 \ , • \ i . CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 06/09/2020 -� ewe _f= +' CUP(Short Term Rental)Approved 04/06/2020 NotFouc Ave --- CUP(Short Term Rental)Approved 02/04/2020 _—1 • 2 CUP(Short Term Rental)Approved 12/13/2022 OR CUP(Short Term Rental)Approved 12/13/2022 --------N\ , CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 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 Jim Lutz Agenda Items 15& 16 Page 3 Evaluation & Recommendation The applicant is requesting to operate two,one-bedroom,450 square-foot Short Term Rentals within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 13 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space per unit in the condominium's parking lot.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." Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore, only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor,which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area.As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for the visitors and travelers wanting the Resort Area experience. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 915 Pacific Avenue, Unit B and 921 Pacific Avenue, Unit A 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. Jim Lutz Agenda Items 15 & 16 Page 4 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 physically 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 effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke Jim Lutz Agenda Items 15 & 16 Page 5 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023, and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by State Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 5, 2023, and September 12, 2023. Jim Lutz Agenda Items 15 & 16 Page 6 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on September 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Jim Lutz Agenda Items 15 & 16 Page 7 Site Layout & Parking Plan 'T-..• ' $. , . \ i Assigned Parking Space ' ,v for 921 Pacific Ave Unit A -,.r • ' L ' t ..� • One assigned space in the �` ` parking lot = • Historical exemption to eo T' requirements; only one space f` L needed .. _ 1 -. - s. ` l ? ti ; \� / t \ k ,\ ', - _ Assigned Parking Space for 1 �f „< 915 Pacific Ave, Unit B t, _ \ '' ':,,5-',,-\:, ..,, ,i. ---. - ' : . . . I- \. ' - L*4 ' -, '. • i\ \ , \1..\\ 0 .' "i' 1 '"4 \ , __ ,•• "V\ :\ :71:"7.'I'.. "-...' '.-.--:,.1 ' 'W.°likli.. '' ill illiV joiwka.:\. A'• - • :•, • One assigned space in the • parking lotI .. • Historical exemption to � 9` 04. A requirements; only one space needed .. Jim Lutz Agenda Items 15 & 16 Page 8 Site Photo "Ili-.INN 1111r— - 41 owe wow 7.:14 III Mile I I ••••••min I . tTa.1 1• Jim Lutz Agenda Items 15 & 16 Page 9 Disclosure Statement Disclosure Statement .. ....:.... Planning Sr 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 Reach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name ,) Irn LW ' Does the applicant have a representative? U Yes S'NO • II yes,list the name of the representative N YY\I t,oX Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act,VA.Code 4 2.?-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i 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(oil there in 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. Jim Lutz Agenda Items 15 & 16 Page 10 Disclosure Statement Disclosure Statement Planning&Commun' Development t._ 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 0 No • If yes,identify the financial institutions providing the sence 2. Ddevthe applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? D Yes ❑No • If yes,identify the company and individual providing the service. Dominlo11 Igo136.411 Olancuri JIm lute. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes CR N0 • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 2 No • If yes,identify the purchaser and purchaser's service providers. L . B 7Inniamaassirsosammox.wa Jim Lutz Agenda Items 15 & 16 Page 11 Disclosure Statement Disclosure Statement Planning&Commut_ Development°•,. f� 6. Does the applicant have a construction contract yin connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0.Nlo • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in con(ryection with the subject of the application or any business operating or to he operated on the property?❑Yes el No • If yes,identify the firm and individual providing the service. 8. Is the appl cant receiving legal services in nnection 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 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 appl.cation. Applicant Signature T(t n l�i Dwntie Print Name and Title 116119, Date / Is the applicant also the owner of the subject property? ❑Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No 9/7/2023 sivatwe • _ -.—_--, dunes as of Nil Print Name • Jim Lutz Agenda Items 15 & 16 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the 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. Jim Lutz Agenda Items 15 & 16 Page 13 STR VICINITY MAP JIM LUTZ „ ..._.., ,-:,,, \ r . . • \ t. , 1-k-"' ' .—,---- - ----s---:-: t,,, i/ .--1-1-cilg111% \ 1 ,.., , ,, A__ .,,----i \ '. 1 likgiofr#:%171 '; '•.--- - - il \ \ ',' , •___,1•1 k,,,. • o v ;mill_ , ,004 , \\ „..ak M._ 6 R _.0 K-AV , .111 . g14--S' 101%1' .11We rn,. _ . \ .; e Viglirth ' .L. Bliis;5----.\ .,---, is ' ...5.2, , 000 , - •_.....aill ' . .i;...-----' .4 CV " LS -- 's,.. .-.;.. e - • ti . . \ , . ____*, ,-_.Y-1,:. ;.ise .')0.,I• .,V.SI :.:::::IO-M...i,iltP_i__a%_,, O .,,T•-.,,-\ ,-'. \ \ Short R TPeerrmmit s Rentals '''-;t----rrOgIMW __________„-,-...r-------'. , in :,--- --T------___ • •. •,, .',. - . _. , . -._. — • ' % \ Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Items # 15 & 16 Jim Lutz RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Is here any opposition to this short term rental item? Thank you, ma'am. The next item is item number 15 and 16 Jim Lutz, the applicant, Jim Lutz. He is not present. I'm assuming that. We'll do the same thing with this one. So we've asked Commissioner Cuellar if she would read item number 14, 15, and 16 into the record on the consent agenda. Ms. Cuellar: Thank you very much. The applicants for agenda item numbers 14, 15 and 16 are requesting a conditional use permit fora short term rental. The properties are located in the Oceanfront Resort District. There is no opposition and the applicants agree to the conditions. Staff recommends the applications for approval, having met all the requirements, and the planning commission recommends the applications for the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE om-rj r`i Y , y JN 22nd Street �� • 74. . ---\\-\\_-_\____ . .vAeOR m OR 7R ` \\\ • • • • • • AtA : '. , _= Z rA Site Ascensions Group, LLC - 1 Property Polygons 400 22nd Street, 2106 Arctic Avenue v`r Zoning Building Feet 0 510 20 30 40 50 60 4:g Ij CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASCENSIONS GROUP, LLC [Applicant] & AG The Wave, LLC [Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 400 22nd Street & 2106 Arctic Avenue (GPIN 24270855670000). COUNCIL DISTRICT 6 MEETING DATE: September 19, 2023 • Background: The applicant is requesting a Conditional Use Permit to operate two,four-bedroom Short Term Rental units within a single-family dwelling and a duplex located on the same parcel. • Considerations: The applicant is requesting to operate two,four-bedroom Short Term Rental in two separate residential dwelling units located at 400 22nd Street and 2106 Arctic Avenue. The units were constructed in 1956 and are located along 22nd Street. Since the site is in the Oceanfront Resort(OR) Short Term Rental Overlay District, Short Term Rental use is expected. The surrounding area is a mixture of multi- family dwellings, single-family dwellings, and other resort-oriented uses. The parking plan for these applications provides the required four spaces per unit, utilizing the existing driveways on-site at the property. The parking plan does show portions of the required parking spaces located within the City right-of-way; however, the encroachment does not impede vehicular or pedestrian traffic. 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 received one letter of opposition from an adjacent property owner prior to the Planning Commission hearing, noting a general concern with the number of Short Term Rentals in the area. • Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Ascensions Group, LCC Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 400 22nd Street and 2106 Arctic Avenue 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 physically 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 Ascensions Group, LCC Page 3 of 4 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.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 effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum Ascensions Group, LCC Page 4 of 4 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 City ManagerW Applicant:Ascensions Group, LLC Agenda Items Property Owner: AG The Wave, LLC 17 & 18 Planning Commission Public Hearing:August 9, 2023 (0.1 City Council District 6 Virginia Beach Requests #17- Conditional Use Permit(Short Term Rental)-400 22nd Street #18-Conditional Use Permit(Short Term ' ' - '--t , = \ Rental)-2106 Artic Avenue 'b Staff Recommendation ,00001i Approval m 10110 o fix++ r a 2AZNS1 Staff Planner 22312,0 S-t O� Pamela Witham ' '� *a_� m m 11 T.▪ IA � N r� Location 264 A ?1oTHH,,,,sz m_ 4.400 22nd Street, 2106 Artic Avenue 2w ' GPIN T . • 18�x5;,0„µBA 24270855670000 N wR�'"1P BE1 wig m r Site Size 7,525 square feet Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort 4• ZZNp St/' '4 Surrounding Land Uses and Zoning Districts •• K North f ; IF s 22"d Street �': _.,.;'h�4' , a , 1 Single-family and multi-family dwellings/OR •:''''+ �... fi 7. °, Oceanfront Resort ,� 1 y �•" `' South ,r''!, i �^' r' 21stY2 Street(alley) c A��, * '°_` •s r Single-family and Multi-family dwellings/OR ,, tK 1 Oceanfront Resort A>p, k `' H;. '" ' _ Atr East * / ' r Arctic Ave '^' +;fit.;err"" Single-family and multi-family dwellings/OR ' ,,Nos' Oceanfront Resort t ; ' cam., '' West Single-family and multi-family dwellings, .p , ` business use/OR Oceanfront Resort Ascensions Group, LLC Agenda Items 17 & 18 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,525 square-foot lot is zoned OR Oceanfront Resort. • According to City records, both dwellings are 4-bedroom homes constructed in 1956. • Staff inspected the site on May 24, 2023 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 22nd Street and Artic Avenue. • No past violations and City Council action. • 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 June 20, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity 1. H1+�. l y --\ 4 t+ y vigi 4 - too- a�1 ig - _- --011„. rit‘. „vivo, ‘,_33 „....i. Short Term Rentals 1)! 4/ • °--. 11111 * i 1 &CUP ,t„ �� . �� , ,1 - % Ascensions Group, LLC Agenda Items 17 & 18 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate two,four-bedroom Short Term Rentals on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 per unit • Maximum number of guests permitted on the property after 11:00 pm: 8 per unit • Number of parking spaces required (1 space per bedroom required):4 per unit o Four of the parking spaces encroach into the right-of-way, but do not encroach into the roadway or block the sidewalk • Number of off-street parking spaces provided:4 per unit 2106 Artic Ave 400 22"d St Number of bedrooms in the Short Term Rentals: 4 4 Maximum number of guests permitted on the property after 11:00 pm: 8 As recommended 8 As recommended in condition#17 in condition#17 Number of parking spaces required (1 space per bedroom required): 4 4 Number of parking spaces provided on-site: 4 4 oR '-- / / 2.2Np SS I Zoning History 1"•, # Request 1 STR Approved 01/19/2021 t 2 ALT Approved 03 11 2014 o t , 3 NON(Reconstruction of a Nonconforming Use)Approved / 04 10 2 12 2 : ___. // 2�S 11,,, _ 1 ` OR , 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 Ascensions Group, LLC Agenda Items 17 & 18 Page 3 Evaluation & Recommendation The applicant is requesting to operate two,four-bedroom Short Term Rental units on the subject parcel. The dwellings were constructed in 1956 and are located along 221 Street and Arctic Avenue. Since the site is in the Oceanfront Resort (OR)Short Term Rental Overlay District,Short Term Rental use is expected. The surrounding area is a mixture of multi- family dwellings,single-family dwellings, commercial retail, and other resort-oriented uses. The units in question have not yet been advertised nor utilized as a Short Term Rental, according to City records and Host Compliance.The applicant has stated that they do not intend to use these units for Short Term Rentals prior to the approval of this application. Based on the information provided by the applicant,the units appear to comply with the STR regulations found in the Zoning Ordinance. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 400 22nd Street and 2106 Arctic Avenue and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(nu'mber of bedrooms times two (2)) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Ascensions Group, LLC Agenda Items 17 & 18 Page 4 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Ascensions Group, LLC Agenda Items 17 & 18 Page 5 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information • Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023,and August 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 July 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.virginiabeach.gov/pc on August 3, 2023. City Council • As required by State Code,this item was advertised in the Virginian-Pilot on Tuesdays,September 5, 2023, and September 12, 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 September 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Ascensions Group, LLC Agenda Items 17 & 18 Page 6 Site Layout & Parking Plan I k I Sits- � s 7.84i"_""' t. P 18.2 `'Parking for 400 33.0 22nd Street in 2 TY. FR. �; 1 Light Blue Boxes •� II �31! #40 22nd ST.) N 41 1 gi IR 1'_, co 7.8".40--0423 4 LOT 4 77, .._ P , , ; Z 7.7 20. c� _ _,.�_- i 1 Lu � 1 t .S' 11.2" Q.O' v .....,. L. i 1-.STY. BR. i"..,' V #21106(ARRc AVE.) •e„ Ce 44. ehi A i: icr 0.0. 1 1 .2' a . 132. 1 ' e" y.8' EM 0AC j +, • • Lc60 Ott` � - F� Parking for 2106 Arctic 21ST 1 /2 STREET Ave in Dark Blue Boxes (20' R jVi) Ascensions Group, LLC Agenda Items 17 & 18 Page 7 Site Photos . ., .. .. , . . ..4.- .-:‘.. 4,•*Oftt ' 4 .0. .. , . -.. -.• - , .....,, , „,. -"locos, .., • _.--t.._51-.• I ,.. ,„ .., , - - . , ,. • ,s, _.. , `•.•1... % It. '', • t'• '...4.1-.. - " - -,V` ' ' - (.... , P _' •;,):. " --' N L __ t - . , __ , — ,,, •...t,04, iti$044g:17-:-„,. ..,st:ars' , , ,N...i-- , ,..4„, ..,..,.,..t. t , ,. iz, ',. ... , ..4„ .i. ,-. --- . :i.-v,,,,,....- .,. ' I . .t__ '°(' ' ? ',..4,41k,.. 4t.,. ' . '',',,•-'-'4,-•,, '4',.., ,7:‘,....,.,," . 0 >, 101104$11ikt• _, ,-.40 .— --- -. -‘ -,-'i r-.. - • .' .-,•i-fq.„*.„,„,. •• ,,- ;'..,,,, - . -. ..417. -,,,, ,v '4,.• .,..- '' .' -'' '4,, •" --' t 4.'',' - " ' , ,, ,M.. : ' • :.'„,''.,• 1111,, ' 77,..i-0,- - -, .• , ,..„,„•••••••--; . . ..., _•.!:- • - -. .- . - -k-----•;- IA*,-,:.--c.• Arii.,... II -.. -•-••:•,.• ,.-11. . • -1,-....- • ...- . ,.:..is---r-i- -:- ,--:---, --,-..„.T-i* ---,.. .$!...',... -.:•..,. .1, -••• ' ' _.-,.-• - - ' . -..-- _,--... - ':•- ,,... ., ... ----"' Irk Ascensions Group, LLC Agenda Items 17 & 18 Page 8 Disclosure Statement dotivop pgmtimitw+!kM,1 Disclosure Statement .r dlvvne s..} —, Planning&Community De% lopmenI 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 V+rginia 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 reeu'ring action by the City Council or a City board,commission or other body. Arn4ic nlPis $Q MIrrt Applicant Na rne Ascensions Group[IC Does the applicant have a representative? ❑Yes N No • Ir yes,I.st the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? II Yes ❑No • I`yes, list the n me•.ni all rfficerit di'ertn-s rremherc,trustees,Ftr.below (Attach a list if necessary) Christopher Spraue' Peter Labonte ye Florio • lilies,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary; s"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-Cu)a controlling owner In one entity is also a controlling owner in the other entity,or(it)there is shared management or control between the business entities. Factors that should be considered in determining the existence of en 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act.Va. Code§2.2.3101. 1IPage Ascensions Group, LLC Agenda Items 17 & 18 Page 9 Disclosure Statement e, Planning&Communitp 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 proposers development contingent en the subject public action?E 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-collateralitation,etcl or are they considering any financing in connection with the subject of the application or any business operating or to be operated or the property? ❑Yes ■ No • I!yes,identify the financial Institutions providing the serice. 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. Kyle Florio OWN Realestate 3. Does the applicant have services for accounting and/or preparation of tax returns pros oed i'i co-rnecticr: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. CPA Margret Taylor 4. Does the applicant have services from an architect/landscape architect/land planner provided in collection with the subject of the application or any business operating orto be operated on the property?❑Yes ■ No • If yes,identify the firm and Indiv;coal providing the service 5. Is there any other pending or proposed purchaser of the subject property?13 Yes NO • If yes,identify the purct.a�.e-aid purchaser's service providers. 2lPaoe Ascensions Group, LLC Agenda Items 17 & 18 Page 10 Disclosure Statement Disclosure Statement A/13 • 4.up efl uyw!.aa�h 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.reentify the company and individual providing the service. Bran Meekins KVG 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?0 Yes II No • If yes.identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of tie app'ica;icn or any b.rsiress operating or to be operated on the property?❑ Yes • No • tf yes.identif the firm and iraividual providing the service. Applicant Signature ce'ti'v that all of the information contained in this Disclosure Statement Form is complete,true.and accurate. I understand that, uocn 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. J:1L,p r.MM C42L4r9G1C?_S;36 LQp!/I M"r•.,...�'.... Applicant Signature Christopter Spraue•Mgi Mbr Print Name and Title 30 March 2073 Date Is the applicant also the owner of the subject property? ❑Yes ® No • If yes.you do not need tc fill cut the owner disclosure statement. FOR CITY USE ONLY/NI disclosures must be updated two(2)weeks prior to any Planning ComrrssMn end fly Council meeting that pertains to the appioati ns ////No thegt.:a:o' DE' 9/7/2023 signature 'LZ4 i.g& Print Name Ascensions Group, LLC Agenda Items 17 & 18 Page 11 Disclosure Statement Disclosure Statement Ikko• x,.. Planning&Community --"4,14,,,s\ Development Owner Disclosure Owner Name AG The Wave LLC Applicant Name Ascensions Group LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?ltt Yes 0 No • If yes,list the names of all officers,directors,members,trustees,at.be uw. (Attach a list if necessary) Christopher Sprauer Pete Labonte Kyle Florio • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list it 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 deveropn'en: 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 po,tocsing more than 5D 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. S Page Ascensions Group, LLC Agenda Items 17 & 18 Page 12 Disclosure Statement Disclosure Statement 4VI,,4/Sawn:,r»xh Planning&Community -"""***„,,,\Development . Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraliration,etc)or are they considering any financing in connection with the c.ihject of the application or any cosiness operatng or to be operated or the property? ❑Yes I No • If yes,identify the financial institutions providing the service. 2. Does the Owne-have a real estate broker/agent/realtor for Lip rent and anticipated future safes of the subject property? ■Yes ❑ No • If yes,identify the company and Individual providing the service. Kyle noiro Own Realestate 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • if yes,identify the firm and individual providing the service. CPA Margret Taylor 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers, 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the company and individual providing the service. Brian Meekins KV6 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes M No • If yes,identify the firm and individual providing the service. Ascensions Group, LLC Agenda Items 17 & 18 Page 13 Disclosure Statement 071 np slcv:ue.nrtll_rl. • Disclosure Statem (Ito.'5 ss.'w awls Manning&Community Development A. 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 NI No • If yes,identify the firm and individual providing legal the service. Owner Signature I cert+iy 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 tor public hear+ng,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Boa rd or any public body body or committee in connection with this application. Anted MAV71 r77 ru tr./ Owner SignatureSignature Christopher Sprauer Mgn MBR Print Name and Tide 30 March 23 Date 7 I d 1 Ascensions Group, LLC Agenda Items 17 & 18 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ascensions Group, LLC Agenda Items 17 & 18 Page 15 STR VICINITY MAP ASCENSIONS GROUP, LCC 'Crn:t '1__A:\, __ __ --:_.--_-:::::.:1„,.,..-_:;---:-- -\\.ty: \ 44 SI • - ` ` 'I. ••' 1 t y II t ..11-1S-A._ __ J t Z .fk\. _\ _..--' . ---k lit% 3-,,\-- :\ *P'.---- .. %, . .% _ __. _.x.,410-,-;,,,, fik II* ..----.:- '-' ' '.• --- --V ‘ ' •'''.1e1OVIP1' '------_-_::,-- :11-------- - -'i , 10 ) . - -:',? et-T-tt:$1----- -ik. ili \---- ',', \\ __,,,,--.-- ill A, 1_,....f.„._. .:, ) v \\ ________„:_,...__ \ ,, ____if.„-,--_-„-,,--ast . \ \\, Air 0----------- -.\ .- .,,. \‘...77,„:„-_,:,-,11;---..-.. ty, Igo 4 ' ____ . ',TS ,v,:7 \ le ii ‘, �,,..1-�.-- Short Term Rentals _ 4' t ' * `�'• \', • STR Permits(107) Virginia Beach Planning Commission August 9, 2023, Public Meeting Agenda Items# 17 & 18 Ascensions Group, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. The next item is item number 17 and 18 Ascensions Group LLC, AG The Wave, LLC. Mr. Brower: Yes sir. Chris Brower represent Ascensions Group and AG The Wave LLC, owner, applicant. Mr. Horsley: Are the conditions acceptable'? Mr. Brower: They are. Mr. Horsley: Is there any opposition to this short term rental? May I ask Commissioner Plumlee if he read this in the record? Thank you, sir. Mr. Brower: Thank you. Mr. Plumlee: These are agenda items 17 and 18 for the addresses 422nd Street and 2106 Arctic Avenue. There is no opposition to the short term rental request. There's been no past violations shown that these addresses, and therefore it appeared to be appropriate for the consent agenda. Ms. Cuellar: Thank you very much. The applicants for agenda item numbers 14, 15 and 16 are requesting a conditional use permit fora short term rental. The properties are located in the Oceanfront Resort District. There is no opposition and the applicants agree to the conditions. Staff recommends the applications for approval, having met all the requirements, and the planning commission recommends the applications for the consent agenda. AYE 10 NAY 0 ABS 0 - ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Horsley AYE Parks AYE Plumlee AYE From: Michele Shears To: Pamela D.Witham Subject: 7-12-23/Public hearing Date: Monday,July 10,2023 8:46:04 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. Hello Pam Whitham, Please accept this statement for the hearing on : 7/12/23 400 22nd Street 402 22nd Street Keep Balance, and Quality of Life, for the Local Community ! In this instance ,Allow one and deny the other. 400 22nd St and 402 as short term rental. Is this possible ? There are 11 New STRs in the 400 block alone, not counting the 10 at 22 Neptune East. When a newcomer speculator, developer, investor comes to a neighborhood. Could this Planning Commission Represent,conscious,more bearable growth, and preserve our neighborhood. I have been a resident of 22nd Street since 1973 when my parents bought this home. I purchased 405 22nd St, from my mom in 2012. I bought it to live here long term, a family home with history that is important to me. This is my home, a residence I have cared for,maintained and invested in. I have history here and A community that knows me . I was here first. Please acknowledge my concern for the loss of community in my neighborhood. When making your decision please keep in mind the long term residents. Don't just tell us to move. Locals are a Key factor in the success of the STR industry. Balance must be included in this decision. I have lived on this property for 50 years and have no desire to sell it, or flip it,or compete with the Hotel industry. I ask you to consider the residents. Be sure you represent us at the table with the large real estate developers and new STR entrepreneurs. As long term residents, we provide affordable housing , attend meetings ,and have valuable contributions. We appreciate your consideration in this Variance. Thank You Michele Shean 405 22nd Street 757-667-9714 -- _" OR �J 1 ,t \0 _ - StreetNall ` `\ 20 \ so \ \ * • ♦♦• LD ♦ \13 --- \ c.. c. CD 1111 OR ♦t .______------\ OR ♦: \ \ \ -,,, - \ A '♦ 1 ' J street 2011 �� Site W -'E Property Polygons Nicholas luliano :-�. Q Zoning 505 20th 1/2Street s Building Feet 0 510 20 30 40 50 60 ,w YT s; 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: September 19, 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 application was deferred at the June 20, 2023, July 18, 2023, and August 15, 2023 City Council hearings. A minimum of three parking spaces are required for this application. The parking plan for this application provides the required three spaces, utilizing two-onsite parking spaces and additional leased space from 301 20th Street, a property located approximately 0.23 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 existing Short Term Rentals in the area, limited parking, and enforcement. This item was deferred by City Council at their June 20, 2023 hearing to allow the applicant to further discuss the concerns with the neighbors. Since that time, the applicant has advised Staff that he has been in contact with the neighbors and addressed their concerns and opposition. • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Regular Agenda, by a recorded vote of 8-0. 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. 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. A third 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. 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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 3of4 10.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. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.AI1 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the 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 effect at the time 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 Nicholas luliano Page 4 of 4 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. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (2) Lease Parking Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departments, City Manager:/ 7 Applicant: Nicholas luliano Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach 12 ('try nl. Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation f,7 ,. Approvala -" t' • P11 Staff Planner ,rtVe$ - , • ' :ili 1. Garek Hall Hannigan ...moil Villi B 87 �Location 4� ' 505 20TH 1/2 ST � .rr� �^ai � _ GPIN �a1"' • 24270709520002 Site Size - 3,900 square feet �� ` 4461 r . Existing Land Use and Zoning District '�' Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts �.� *.E.— r North St 20th%Street (alley) Single-family dwellings/OR Oceanfront Resort . South +pI .,i , 20th StreetIi100$1' + • 20t Ty,W4F ' it .;.•e Single-family dwellings/OR Oceanfront Resort ` �"' 9► r "'� East k •n 1 IV �' �_ Single-family dwellings/OR Oceanfront Resort , , I .� :s Lrt" :.', West ,. ', Attached single-family dwelling/OR Oceanfront , ` r ; hI,! 4 Resort ; ' '�' ;, ili 1 1 qA •fir~ t ` , if ,N l , 44., 4.talit fiJ< , Nicholas luliano Agenda Item 12 Page 1 Background & Summary of Proposal Site Conditions and History • This 3,900 square-foot lot is zoned OR Oceanfront Resort. • According to City records,this three-bedroom home was constructed in 2017. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on April 12,2023 to observe site conditions. • According to the applicant,this property was not used for Short Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of April 17, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No Short Term Rentals in the Vicinity _ ti _,....-._: a 0,6 swii,,-er 4 ilk* loi ,-',...i:av,ilorwia-glow: - - - ris ', -.' is law „,cidivalus. ,„„fr,ii,t ,_,,...0.,t - ,_., 11.10,01, ou Oi l 1 riss,d • 1:;' •-dill \litgal t Wilinni$ _ -.-_--- W 4\ 'f,i ir rIatvw, ,,ttos. I, ..11. t. .40. 0 ilovitil-wsilwir_iiiv--:., , -„-- Short Term Rentals4 -f_i 1 A ; * �t� • ,,,, .i.- 7,1 Nicholas luliano 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 - - 201 _ — " # 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 _ - _ $- 3 SALT Approved 06/19/2018 ii , � r v. �k 4 ALT Approved 05/14/2013 ' %$ÁØ, ', 5 SVR Approved 10/08/2013 -"`- - ALT Approved 10/08/2013 (/� 6 ALT Approved 08/17/2021 --%" 3\ 7 NON Approved 04/27/1993 i \ 8 SVR Approved 09/06/2016 7 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, 505 20th%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. Street a pr-operky located ito Staf[has �-�.��opv�cT,vcacca ap^p^r^viilmately—�IT11Ie6 fr9m�M2 5�H�3}@E�om�cay-rnyy Nicholas luliano Agenda Item 12 Page 3 The minimum parking requirena.e-nt fer#-h1s a-pp-l+cation is eeff st ee# n� �g-sic-ems. T,^,^spaces ^r this pplication arc provided on site; however,the third parking space will need to be off site. The applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. The applicant will need to provide a--Bening compliant parking plan p4ie-r to o a-i-ning their yce-rly SIR permit^r-beginning operation. The parking plan for this application provides the required three spaces, utilizing two onsite parking spaces and an additional leased space from 301 20th Street, a property location approximately.23 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. 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 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 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 physically 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 Nicholas luliano Agenda Item 12 Page 4 b) Copies of the Commissioner of Revenue's Office receipt of registration;and. c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 effect 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 Nicholas luliano Agenda Item 12 Page 5 such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable'permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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 State Code,this item was advertised in the Virginian-Pilot on Tuesdays,September 5, 2023,and September 12, 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 September 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Nicholas luliano Agenda Item 12 Page 6 Site Layout & Parking Plan— Revised September 7, 2023 11 , } j .1L....Ls,, 4 ", I o \ ti i. 507 20h 1/2 Street �P X -- -- • .10 II IIII/IIIIIII ♦.`I♦If♦ ♦♦ ♦ ♦♦ I I I I. I. ;� Ch: CA 507 Space 507 Spat- ; �' ~ 505 20th 1/2 Street _3 - ; " 505 Space 505 Space _ J S 1351 55" C 130" V1 2 -, Nicholas luliano Agenda Item 12 Page 7 Site Layout & Parking Plan— Revised September 7, 2023 ' �' k rt si t �►�► ;it . 1, : a • y t. o k 2 �� Iiirir t tArl� • � T C. •{ob• a . ` ` r — Illitti Teased Parkins Spaces, 215' `� yC • Ai, i 30120thStreet • - • • • • -- ''r . Ill . . . rt• 11 -• ' 1\ ' Subject Site *1aIt. >:Y. . .•-- / .I." ' .' k 1. f �- _ ' , ;' +�. \ i . s .23Mites - .�•,d}Mf' - �•''..p. . ' ~41 y 'ire R .. 1 %t 2Q. awF, ', �• ' pSNSi '.�� „, t ,► tit" • � 2 r., F ' + 3 t - x '• l+b, .ti j \ J 1. 1 ,' \ 4 1 , f ', f :.. ' . -- �� " -- v! tc t 1i :., ' 't't .` a, ' • ' l h w J't s lialli ,' Nicholas Juliano Agenda Item 12 Page 8 Site Photo - :- i r., .: .., A . , . I .. 4.2. . ,,,,,,.,, t .:4 ! n -. i ' • .a ' ' i is X ...._. _ ./►, ems. L i \ rft - t Li .f i1 :'r- x ..y . IIIItII l�l.� ti 1 Nicholas luliano Agenda Item 12 Page 9 Disclosure Statement l7YICJ5ip�Fn�a 1��p E73176W.Ef CSJE11-8Ef A-75379119GA.IS Disclosure Statement NA3 say Yi7",�w.r.A Planning&Community Des ekipment:- The disclosures contained in this fort 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 CO board,commission or other body. Applicant Disclosure Applicant Name Nicholas luliano Does the applicant helve a representative? 1111 Yes 0 No • If yes,list the rarre of the representative. hicote Pace Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ■ No • If yes,Ilst the names of all officers,directors,members,trustees,etc.oelow. {Attach a kst If necessity) • i r yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant (Attach a fist If necessary) "parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation_" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary reutionsliip,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 controll.'rg owner In the other entity,or Oil there Is shared management or control between the business entices. Factors that should be considered in determining the existerce of an affiliated D.,siness entity relationship incluot 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 amities there the use 01 the stone offices or employer..or othar wive share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the ent t i&s." See State and Local Government Conflict of interests Act,V'a. Code§2.23101. Revised 11.09 2020 1(v age Nicholas luliano Agenda Item 12 Page 10 Disclosure Statement -..I,,,-.,:". :,, :.. ,,: _E'1 FF--f.cr t9CP<1A 7f, Disclosure Statement tea. Planning&Community Known Interest by Public Official or Emp]ofee Does an official or empioyee ce the City of Virginia Beach have an interest in the subject led or a^y proposed devriopmrnt contingent on the subject public action?0 Yes R 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 applic ant have any existing financing(mortgage,deeds of trust,cross-oogatsraliratioes,etc]or are they considering any financing in connection with the subject of the application or any business operating or to be operated OCT the property r ■Yes ❑No • If yes,identify the financla Institutions prord ire the service. Pe.1ryMat F;nanc'al Services(mortgage holderl 2 Does the applicant have a real estate broker/agent/reattor la current and anticipated future saes 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 proration of tea returns orcv(ded in c nr Ec iron wi:r the subject Of the application or any business operating or to be opt rates on the property?0 Yes •No • If yes,Identify the firm and rrldrvioraal providing the wince 4 Does the applicant have ser ces from ar architect/landscape architect/land planner:rov:!e•c ill connection with the subject of the application or any business operating or to be operated on the property?0 Yes III[ No • If yes,Identify the firm and;ndividua!providing the-service. 5 Is there ary other pending or proposed purchaser of the subject property?❑Yes •No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.094020 l I P d g e Nicholas luliano Agenda Item 12 Page 11 Disclosure Statement UucuS,gn_rrr_iuµ-IC 5 2.;6fftA L•":^.%♦i..!•IN-!-t ,1>+bill l'11:4,1 i1 Disclosure Statement A/B 1 Yly,�tbtYip iC,ab kianniatg&Community Devek3} went 6. Does the applicant have a construction contractor,n connection with the sublet of the application or any business operating or to be operated on the property/CI Yes I No • 14 yes,identify the company a"d indvidual providing the service, 7 Does the applicant have an enginee'/suneyor/agent ^connection with the subject of the appiicatior o1 any business operating or to cw ooecated on.the property:C Yes IIIr No • I+yes,iaenvify the firm and individual providing the service. 8. Is the applicant re telrtng legal services in connection with the subject of the application or any business operating or to be operated on the property?D Yes ■No • If Yes.identify the firm and individual providing the service. Applicant Signature I certify Ih.:1 at of the inforrnatlun+u•.I,1 rr::it i rh,y Diaciosure Statement Form is complete,true:and aerate I u'1Junt.+rid�'•.A. upon receipt c'notification it a:the applicat or has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks poor to the meeting of Plant.ng Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committer in connection w th this application. r�C I Ltr.Asu.A2 Applicant Signature Nick I:.lianc Print Name and title j 23 2'J 3 Date Is the applicant also the owner of the subject property? III Yes ❑No • If yes,you do nos need to fill oar the owner disc.Ios.re statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that perlams to the applications No changes a of Dale 9/7/2023 Sgrvlure • Remised11.O9.2O2O Wage Nicholas luliano Agenda Item 12 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Nicholas luliano Agenda Item 12 Page 13 STR VICINITY MAP NICHOLAS IULIANO --------------7--ri---- \,'%11141116._ 421, , \\ ', : . , - ._.,..._--- ---. ..,-:, : ' \,,,,-- .:.' ,, \lir-44040 ','\ ....s\-v------ _. _, -, - '..-7--' _--:--Ojiltlk„:, 1-.'. '• ' \ --- - Zi---%-1-- i .' iii \ -6- ,._ii i-----1 l r '_ -::ram'. -I.‘. " __ -a lam. 51 y N ' 1 _ _ mil' •1 _ , _ , , , ,, , , , r._ irk - . 1i ) ------ -.,11---------161111 r-110,_11* '' \ y:\ij-2'-' ------.:-f- _.:y2P------- 1 '''. .;,, _____---':::::10---1-tw---g41:i''..:.- -----\--\-----1\ \14f---'*. , ----., . -st-:"--- - , •. ''''''AS ( r _--:..'-.--- ..'. ' 'i IF'. -''-. .-..---.c'''.'.,-..n. --A V. -- 1)- w: + \ , ,\ r - - - l 1 T ' - -- _ ' '-i b_1'_ ..--1.-:\__ . , 1111..v \ :\, v., . _____.,._. * 'T 7 _.T_1.. _ , - - -.....7g '' _ L ' TrT Short Term Rentals. G1N1A 0. r---v;1 `� =VAR ( `IA ' STR Permits (88) 1 \ \ �t. - - —. ^'C` ', 4 ` —,--fi t 1 1 '' 1 1 i 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 I 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. I 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 e 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, I 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 I 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 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 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. From: Sandy Deiderich To: Planning Administration Subject: OPPOSITION for Conditional Use Permit Requests for 505 and 507 20 1/2 Street and 505 and 507 20th Street- May 10,2023 Date: Thursday, May 4,2023 6:22:41 PM Attachments: jmage,ong jmage.ong CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention Planning Administration: We are in our opposition to the request for Conditional Use Permits for a four-unit building located at 505 and 507 20th 1/2 Street, and 505 and 507 20th Street. We reside at 518 20th '/2 Street, and these Conditional Use Permits directly negatively impact our neighborhood and streets. This housing structure encompasses two streets with very limited parking. The duplex for 505 and 507 20th Street offers no driveways for parking, only street parking which is inadequate (reference photo 1). The duplex at 505 and 507 20th 1/2 Street has very tight parking spaces, assuming this provides enough parking for guests for those two duplexes (reference photo 2). However 20th 1/2 Street is an alley which has limited passage for cars and absolutely no street parking. Should Conditional Use Permits be granted to these four units and they fill to capacity, there is limited outdoor space for guests to congregate because the units are attached and there are only small front spaces; certainly not enough to accommodate large groups of guests. Our frustration is that no one specifically takes responsibility for oversight of Short Term Rentals; it's more of a kick-the-can down the road issue. The Police hands are tied. and the City's Planning Commission is having issues defining the rules and regulations; and does not enforce them. After attending the Beach Resort Civic Association meeting on Monday, April 24th, it was very illuminating regarding Short Term Rentals; both from a Sergeant of the 2nd Precinct and the Planning Commission. The Sergeant explained when there are issues with large gatherings and parties that exceed the number of permitted house guests; there is no recourse from the Police unless a crime is committed. It was also confirmed that the Zoning and Planning Commission have not revoked a single Conditional Use Permit for an owner. This means that as homeowners in our neighborhoods we have no recourse against owners of STRs. The signage for STRs has a number that goes to a voicemail. So if there are issues with a large party or noise, there is no way to have the issue addressed with an owner. Another valid concern, is the owner at 526 20th 1/2 Street, continues to operate an illegitimate short term rental. This house has never been provided with a Conditional Use Permit, and yet the owner continues to ignore the City's rules and regulations and operates however he chooses. Again, there are no consequences for violating the rules and regulations. In the past, we have experienced numerous incidents with Short Term Rentals. A particular incident was a grill fire on a porch that my husband extinguished because the guests were not supervising. Another incident involved an out of control party with 100 people that ended with 10 police cars and no arrests. Additionally, the owner of the STR house located at 518 21st Street, whom we share green space with, lives in Texas. Again, there is no oversight as to how to address issues when they arise. As homeowners residing in this neighborhood, we are discouraged and disappointed that we have no voice or recourse regarding Short Term Rentals. Short Term Rentals alleviates neighborhoods; they just become rental properties. As permanent residents, our desire is to have our neighborhoods remain neighborhoods, not just tourist destinations. We respectfully request that you consider a recommendation that the Planning Commission place a density cap for each block to restrict the number of Short Term Rentals. Thank you for your consideration in not granting Conditional Use Permits for these four housing units. Respectfully, Howard and Sandra Deiderich 518 20th '/2 Street, VB 571-319-1135 sdeiderichgmail.com Photo 1 505 and 507 20th Street(No Driveways) so J 1 , ter• - • K ... Photo 2 - 505 and 507 20th 1/2 Street ' "4: '... 1101. ' • j II.IX\ , 4. Tr I= •� AP`till 7' 4i1ti1J11 -: www� n .'1`lt a 1 • May 2, 2023 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the four (4) proposed short-term rentals at 505 and 507 20 and 20 1/2 Streets. I stand in opposition of these proposed Short- Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21st St. & 525 20th St.) or unpermitted (524 20 1/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, south side of 21st streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had one at 516 20 1/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 4 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. Renters routinely park in the driveway that belongs to the houses in our condo community on 21st street and the owner have had to approach the STR occupants to move their cars so they can go about their business. I moved to Virginia Beach and into my home in May 2019. I purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing this new set of 4 addresses to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. 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Welch 522 20 1/2 St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 DocuSign Envelope ID:A72BEA57-AD78-433D-B6C8-C46B67F7EE14 Informal Parking Lot Lease Agreement and Waiver of Liability This is an informal lease agreement between BRAVA, LLC, &ASSIGNS ("Lessor") and NICHOLAS IULIANO ("Lessee') for the rental of ONE (1) parking space at the surface parking lot located at 301 20th Street, Virginia Beach, VA 23451. Lessee will be using said parking for a Short Term Rental property located at 505 20th 1/2 Street, Virginia Beach, VA 23451. The term of this agreement shall be for one (1) year and shall commence on the same date as the Lessee's Short Term Rental Zoning Permit issued by the City of Virginia Beach. An annual reservation fee shall be due in advance and paid in full within thirty (30) days of Lessee's Conditional Use Permit application approval date. This fee is non-refundable and is subject to change on a yearly basis. In addition, Lessee shall arrange and pay for parking sessions in advance. Daily parking rate is based on market rates and is subject to change. Upon payment, Lessor shall provide Lessee a parking pass. Said pass must be clearly displayed on the vehicle's dashboard. Lessor shall not be liable for any user who has been towed from the parking lot for failing to display said parking pass or for using an expired pass. No oversized vehicles such as trailers or RVs are allowed. All notices to be mailed to a party to this agreement shall be mailed by certified mail, return receipt to the following agents for each party: LESSOR: Brava, LLC ATTN: January Windrow 507 N. Birdneck Road Virginia Beach, VA 23451 LESSEE: Nicholas luliano 505 20th 1/2 Street Virginia Beach, VA 23451 Either party may change its address by giving written notice to the other party in the manner provided herein. Any notice, request, demand, or other communication made pursuant to this agreement shall be deemed to have been received by the addressee at such time as it is delivered. This agreement releases BRAVA, LLC &ASSIGNS from all liability relating to injuries or damages to person or property that may occur during said parking lease. By signing this agreement, Lessee agrees to hold BRAVA, LLC &ASSIGNS entirely free from any liability, including financial responsibility for injuries or damages incurred to person or property, regardless of whether injuries are caused by negligence. DocuSign Envelope ID:A72BEA57-AD78-433D-B6C8-C46B67F7EE14 By signing below, Lessee forfeits all right to bring a suit against BRAVA, LLC &ASSIGNS for any reason. Lessee fully understands and agrees to the above terms, which may be subject to change. LESSOR: BRAVA, LLC MEMBER NAME: Deborah M. Kassir r--DocuSigned by: SIGNATURE: Vti'oraiA, rat„ .SSir `—FCA3E67F51 CE42F... DATE: August 25, 2023 EMAIL ADDRESS: dkassir@ohpva.com AGENT EMAIL ADDRESS: jwindrow@ohpva.com OFFICE PHONE #: 757.491.0044 LESSEE: NICHOLAS IULIANO DocuSiyned by: SIGNATURE: I�{GA.6�,aS vtituAb 2DC144B7FB214DE... August 25, 2023 DATE: EMAIL ADDRESS: nickiuliano23@gmail.com CELL PHONE: 757-362-6138 II!P"' - I IR — t, --- s street \ \ OTh "al 2 i \ \ \ 1 „ / \\, C_:_I________— ii .R \\\\ //, OR ,1 I \ . 0 , ?r/- 201 h street � N�j V„ Site 401 E Property Polygons Jamie George s f Zoning 507 20th 1/2 Street Building Feet 0 510 20 30 40 50 60 Sl 2 ;„ 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: September 19, 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 7/2 Street. This application was deferred at the June 20, 2023, July 18, 2023, and August 15, 2023, City Council hearings. A minimum of three parking spaces are required for this application. The parking plan for this application provides the required three spaces, utilizing two-onsite parking spaces and additional leased space from 301 20th Street, a property located approximately 0.23 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. This item was deferred by City Council at their June 20, 2023 hearing to allow the applicant time to further discuss the concerns with the neighbors. Since that time, the applicant has advised Staff that she has been in contact with the neighbors and addressed their concerns and opposition. • Recommendation: On May 10, 2023, the Planning Commission passed a motion to recommend approval of this item on the Regular Agenda, by a recorded vote of 8-0. 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. 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. A third 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. 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. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. Jamie George Page 3 of 4 10.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. 11.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13.Accessory structures shall not be used or occupied as Short Term Rentals. 14.No signage shall be on-site, except that each Short Term Rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15.The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 16.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19.The property owner, or their representative, shall provide to the 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 effect at the time 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 Jamie George Page 4 of 4 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. 20.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Opposition (2) Lease Parking Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: rba Applicant:Jamie George Agenda Item Planning Commission Public Hearing: May 10, 2023 City Council District 6,formerly Beach City of N13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Ns; ' 31-, .+`'f 26044 4 Approval R as St , 0S 15SH NAB Staff Planner " y 26SN�``➢`14TNST A Garek Hall Hannigan 1- Garek , 1!F°SI 1,'Tk dap S1 a 1 m Location $�S°, 61 F 507 20TH 1/2 ST ��, s r 2c�H > >, . ' GPIN ,at"ss ' 24270709130002 17tµ":`f S pLM''`Y V 1RG V 6 N.a E Site Size 3,900 square feet ' ---\-- -::::fr-, <,•,.. ,.., \ vivr,5t Existing Land Use and Zoning District Attached single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts , North 2,,sz o *' 20th 1/22Street (alley) - ;� Single-family dwellings/OR Oceanfront Resort fig, 4, y." e South 20th Street •� " _'� i' h i ., ,Lf.r I_. w Single-family dwellings/OR Oceanfront Resort •Ir. ` N ,t t East 1 4 t l'''.:1vo ` � kSingle-family dwellings/OR Oceanfront Resort ,.4 % Westitil 1,,, ► " Attached single-family dwelling/OR Oceanfront i Resort ' r • 2pTH; 11 a•. 1) f)*41141111illk+ .• s�1J,y �� f A . ; - '1 :. 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 ,..„.„\, \lk lecl'-' 011t• ilp7,: ' - ---'- .-- - ---;"--- IIZ 1440,14--i la la'''• '. "A __-f-----,1144110_- Aliks_ ---0,1111?, gig - ' ' %WW1.,-*- .0--011410 1`.17tt — , -"VitaRIA\ , 1.00.1114 c„--;-„-;--iiiiit.3 oviiv, Itn,...! i_ 0-0144, %lir, lc. i t,, �� i 11 ,. Syr, � ! l-%%101 1 - --\. . 00 Ali ___\. to _.ii i --10 a v. • II 44 - • a�t1l I. f it . i".14111 ' Wk.UPI!!.—' ‘ 1 . Shorti • ' ertnRen41• - , f .w.° ----._-,‘_-_,m_'__,..0-16-W7u1 1114W.4,1.1,1__0,I 11 11iL_ 10 1';'i1.-,_.-4-- 1 v, r.t ^GUP 5� t�� - 4, ter 1, }, '.--- . , _ 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 s sJ8 f_ 'J��J 1�• # Request �� 1 CUP(Short Term Rental)Approved 10/20/2020 • o. 1 `1ia CUP(Short Term Rental)Approved 10/20/2020 ' — 2 CUP(Short Term Rental)Approved 07/12/2022f oa 3 ALT Approved 06/19/2018 �' 4 ALT Approved 05/14/2013 oR ,, 5 SVR Approved 10/08/2013 ALT Approved 10/08/2013 _ti • `~ 6 ALT Approved 08/17/2021 --�_--- 7 NON Approved 04/27/1993 _ _ n th 8 SVR Approved 09/06/2016 °R v. , ' 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%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. 4'3treet,a property-located aftproximately.1 miles from the subject site.- r s Jamie George Agenda Item 13 Page 3 The minimum parking requirement for this application is three off street parking spaces. Two spaces for this application arc provided on site, however,the third parking space will need to be off site. The applicant is working to secure a third parking space within a quarter of a mile from the property per the Zoning Ordinance. The applicant will Reed to provide a zoning compliant parking plan prior to obtaining their yearly STR permit or beginning operation. The parking plan for this application provides the required three spaces, utilizing two onsite parking spaces and an additional leased space from 301 22nd Street,a property located approximately.23 miles from the subject site. Staff has reviewed this parking plan and has found that it meets the requirements of the Zoning Ordinance. 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 physically 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. Jamie George Agenda Item 13 Page 4 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 o 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 effect 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. Jamie George Agenda Item 13 Page 5 21. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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 State Code,this item was advertised in the Virginian-Pilot on Tuesdays,September 5, 2023, and September 12, 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 September 1, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 15, 2023. Jamie George Agenda Item 13 Page 6 Site Layout & Parking Plan— Revised September 7, 2023 / iv 3 5 K yy 5" ' 30' 8. -` —Y�y� !t-X X-A-��x X X X X— 1 y w_ ', O a Q qN 507 20th '/z Street • X �-x,- 7j ♦i ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 4 ♦ N I44PAV IrIiIril41,Iil4 I. °s Do �rf��s,.*r�i ��: •�_ ° try . 407 Space 507 Space -' ~ 505 20th 1/2 Street V „ 1 y � 505 Sp. '- 505 Spa „, ce S411# ♦♦ ♦♦ iNI ~ III♦III 1 ♦♦♦ ♦♦.►♦♦♦♦♦♦♦� IIII•II✓IIIIIIII 5 1 T"5 i 55 r i O. ♦ z Jamie George Agenda Item 13 Page 7 Site Layout & Parking Plan— Revised September 7, 2O23 - & rl ji Subject Site pr .23 Miles Jamie George Agenda Item l3 Page Site Photo 1, �,, T,;L It i +4', , N 0. _ 4111/11E I 4 1 1 urn i;ii Iii C t - 1 aa• 71: —— 114111, __ I - t' S 111111 -wry , I 1 + s f . -. .. I Jamie George Agenda Item 13 Page 9 Disclosure Statement DowSign tnve`cpe.III 51114A71iA 9779 41-81 917E EI445nf9C7E38 Disclosure Statement CH4,4l x5a rpnr eea Planning&Community Development The disclosures contained in this form arc necessary to inform public officials who 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 h oarc,commission or otter bocy. Applicant Disclosure Applicant Name Jamie George Does the applicant have a representative? ®Yes ❑No • it yes,list the name of the representative, Nicole PJCC Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes J No • I+yes, ist the names o' officers,directors,members,trustees,etc.below. (Attach a list if necessary • If yes,list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 42.24101. "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 offs dated business entity relationship include that the same person or substantially: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 relationship between the entitles." See State and local Government Conflict of interests Act,va Code§2.2-3101. Revised 11.09.2020 1 I P a p,. Jamie George Agenda Item 13 Page 10 Disclosure Statement fkialSln Ervelope ID:B1 B4A2BA o779-4 111 9178 B445Driiicn B8 Disclosure Statement Manning&Community Tiopment Known Interest by Public Official or Employee Does ar official or employee of the City of Virginia Beach have an interest in the subject land or any proposed developrnen: contingent or the subject public action?Li Yes No • if yes,what is the name of the oft.cial or employee and what is the nature of the interest? Applicant SeMMces Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any}Malang in connection with the subject of the application or arty business ope axing or:o he operated o'i the rroperIs% ®Yes ❑No • tf yes,identify the financial institutions provid`rig tt a ce v`re. PennyMac Financial Services(mortgage holder) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the sublet(property? ❑Yes ®No • tt 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 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 indivinual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • if yes,identify the firm and individual providing the service. S. k there any other pending or proposed purchaser of the subject property?❑Yes ®No • it yes,identity the purchaser and purchaser's service providers. Revised 2109.7020 Jamie George Agenda Item 13 Page 11 Disclosure Statement D3o.iSipn Enuclone!D. 18?A2BA4??5-4 Et t-t I?d-P.aa fiDUtC-"765 Disclosure Statement <a.tyt:e..a•bs 1""*"114414\14"' - Planning&Comtnunity 1 elopmcslt 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 art engineer/surveyor/agent in connection with the s;ibjett o`me application or any business operating or to be operated on the property?0 Yes ®No • If yes,identify the frm and individual providfrigthe service. S. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to bra operated on the property?0 Yes ®No • r yes,identify the firm and individual providing the service. Applicant Signature I certify that all o'the information contained in this Disclosure Statement Form is complete,true,and accurate. u-uers:and he, upon receiat 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,USDA,CBPA,Wetlands Board or any public body or committee in connection with this application. pfCa�t,St nature Print Nuns end lttle i-CY1 , ILtI I ant) _ 11301 23 Date is the applicant also the owner of the subject property? ®Yes 0 No • I,yes,you do rot need to fill out the owner disclosure Statement. FOR CITY USE ONLY/All disclosures must be updated two(2i weeks prior to any Planning Commission and City Council meeting that pertains to the applications NO tna'saw if:Or Date S1R,latire 9/07/2023 he 7 Revised 11.09.2020 3 ! r r Jamie George Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Jamie George Agenda Item 13 Page 13 STR VICINITY MAP JAMIE GEORGE -,---. 1*-liV.C.---- _L'ilf---..ASI' '";;.--17-7-C.: ..----- ---)1------rali 1- \ -- .:: . .• tr� r ,� v ellfitA 0..\ ,. ...\-_--\77---"':'-:: .-- -1 1111011114\- IP" al. . IP' -4,--,, = iic.ti tttl O11 tttiliskii ' y. ..,----- ....--/-)i-- \ __ - r p _ y - _- TT-- .--- 4 -,\'''' - .1-tV ''.. \ ---- ----- --- --- - % • _--,-.f:,- ----T , , ‘ \Iiii\CD st ---_- ____Ii-tvier. _ \\1/4:,,:,1\--.:_\__. \_____\:13,_r...----- ,1.0_,-.... ,,,,...,.‘tit' :'__,..7 ,e. Y"' t‘‘St yr:--1" \ \ ,' \ , IS 1pi . . ; 1'i 't �' ` ~ " � 1Ti =" It ''' � __- Short Term Rentals -: 1 ttt • STR Permits,, ��. 'E •1 is(88) 7---- \ \----J6 ---rr'r" ��'• i \ _- fit. ` '% DocuSign Envelope ID:DA84F953-9BE6-483E-9A1 F-A6F844183CA8 Informal Parking Lot Lease Agreement and Waiver of Liability This is an informal lease agreement between BRAVA, LLC, &ASSIGNS ("Lessor") and JAMIE GEORGE ("Lessee') for the rental of ONE (1) parking space at the surface parking lot located at 301 20th Street, Virginia Beach, VA 23451. Lessee will be using said parking for a Short Term Rental property located at 507 20th /2 Street, Virginia Beach, VA 23451. The term of this agreement shall be for one (1) year and shall commence on the same date as the Lessee's Short Term Rental Zoning Permit issued by the City of Virginia Beach. An annual reservation fee shall be due in advance and paid in full within thirty (30) days of Lessee's Conditional Use Permit application approval date. This fee is non-refundable and is subject to change on a yearly basis. In addition, Lessee shall arrange and pay for parking sessions in advance. Daily parking rate is based on market rates and is subject to change. Upon payment, Lessor shall provide Lessee a parking pass.. Said pass must be clearly displayed on the vehicle's dashboard. Lessor shall not be liable for any user who has been towed from the parking lot for failing to display said parking pass or for using an expired pass. No oversized vehicles such as trailers or RVs are allowed. All notices to be mailed to a party to this agreement shall be mailed by certified mail, return receipt to the following agents for each party: LESSOR: Brava, LLC ATTN: January Windrow 507 N. Birdneck Road Virginia Beach, VA 23451 LESSEE: Jamie George 507 20th '/2 Street Virginia Beach, VA 23451 Either party may change its address by giving written notice to the other party in the manner provided herein. Any notice, request, demand, or other communication made pursuant to this agreement shall be deemed to have been received by the addressee at such time as it is delivered. This agreement releases BRAVA, LLC &ASSIGNS from all liability relating to injuries or damages to person or property that may occur during said parking lease. By signing this agreement, Lessee agrees to hold BRAVA, LLC &ASSIGNS entirely free from any liability, including financial responsibility for injuries or damages incurred to person or property, regardless of whether injuries are caused by negligence. DocuSign Envelope ID:DA84F953-9BE6-483E-9A1 F-A6F844183CA8 • By signing below, Lessee forfeits all right to bring a suit against BRAVA, LLC &ASSIGNS for any reason. Lessee fully understands and agrees to the above terms, which may be subject to change. LESSOR: BRAVA, LLC MEMBER NAME: Deborah M. Kassir DocuSigned by: SIGNATURE: Rboraik, ILL, 6ssir FCA3E67F510E42F... August 25, 2023 DATE: EMAIL ADDRESS: dkassir@ohpva.com AGENT EMAIL ADDRESS: jwindrow@ohpva.com OFFICE PHONE #: 757-491-0044 LESSEE: JAMIE GEORGE ' DocuSigned by: SIGNATURE: ;9aa,it, 't,brot, 6815FCF875C4483... August 25, 2023 DATE: EMAIL ADDRESS: jmeleigh515@hotmail.com • 757-439-9929 CELL PHONE: 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, I 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. M .s 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 e 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 '/z 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. From: Sandy Deiderich To: Planning Administration Subject: OPPOSITION for Conditional Use Permit Requests for 505 and 507 20 1/2 Street and 505 and 507 20th Street- May 10,2023 Date: Thursday,May 4,2023 6:22:41 PM Attachments: irnaae.onq Unaae.onq .CF•i 1 ir 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. Attention Planning Administration: We are in our opposition to the request for Conditional Use Permits for a four-unit building located at 505 and 507 20th 1/2 Street, and 505 and 507 20th Street. We reside at 518 20th ,/ Street, and these Conditional Use Permits directly negatively impact our neighborhood and streets. This housing structure encompasses two streets with very limited parking. The duplex for 505 and 507 20th Street offers no driveways for parking, only street parking which is inadequate (reference photo 1). The duplex at 505 and 507 20th 1/2 Street has very tight parking spaces, assuming this provides enough parking for guests for those two duplexes (reference photo 2). However 20th 1/2 Street is an alley which has limited passage for cars and absolutely no street parking. Should Conditional Use Permits be granted to these four units and they fill to capacity, there is limited outdoor space for guests to congregate because the units are attached and there are only small front spaces; certainly not enough to accommodate large groups of guests. Our frustration is that no one specifically takes responsibility for oversight of Short Term Rentals; it's more of a kick-the-can down the road issue. The Police hands are tied, and the City's Planning Commission is having issues defining the rules and regulations; and does not enforce them. After attending the Beach Resort Civic Association meeting on Monday, April 24th, it was very illuminating regarding Short Term Rentals; both from a Sergeant of the 2nd Precinct and the Planning Commission. The Sergeant explained when there are issues with large gatherings and parties that exceed the number of permitted house guests; there is no recourse from the Police unless a crime is committed. It was also confirmed that the Zoning and Planning Commission have not revoked a single Conditional Use Permit for an owner. This means that as homeowners in our neighborhoods we have no recourse against owners of STRs. The signage for STRs has a number that goes to a voicemail. So if there are issues with a large party or noise, there is no way to have the issue addressed with an owner. Another valid concern, is the owner at 526 20th 1/2 Street, continues to operate an illegitimate short term rental. This house has never been provided with a Conditional Use Permit, and yet the owner continues to ignore the City's rules and regulations and operates however he chooses. Again, there are no consequences for violating the rules and regulations. In the past, we have experienced numerous incidents with Short Term Rentals. A particular incident was a grill fire on a porch that my husband extinguished because the guests were not supervising. Another incident involved an out of control party with 100 people that ended with 10 police cars and no arrests. Additionally, the owner of the STR house located at 518 21st Street, whom we share green space with, lives in Texas. Again, there is no oversight as to how to address issues when they arise. As homeowners residing in this neighborhood, we are discouraged and disappointed that we have no voice or recourse regarding Short Term Rentals. Short Term Rentals alleviates neighborhoods; they just become rental properties. As permanent residents, our desire is to have our neighborhoods remain neighborhoods, not just tourist destinations. We respectfully request that you consider a recommendation that the Planning Commission place a density cap for each block to restrict the number of Short Term Rentals. Thank you for your consideration in not granting Conditional Use Permits for these four housing units. Respectfully, Howard and Sandra Deiderich 518 20th '/2 Street, VB 571-319-1135 sdeiderich©gmail.com Photo 1 505 and 507 20th Street (No Driveways) /\..., ,..._ •:.•-., . -,- . A- - ---- . - "'"..'1'I''''7:-- WAI • E � Iliiil' II °' _ <.�:iit . ''I ,'i l .�.e S-- ..4 .... --...,,,:', Photo 2 - 505 and 507 20th 1/2 Street , , , / . n II X \ VI, ... - . . , • , -11''• . ... . •- /..'• . 4'•' .•0.4114' ' --, ol• ,.. 1 - .. • .11,k j' ,_ --- 1 t IRI r 4ii .=- -, . ..-' :"- - - - P . . • 41.,' \ ;triTi` 11. L - . ..:. i -. =Wye • ii Yid . •MI -fl _..._„ II 1111111 ., '''• A lokit . .,........,,....... . " , - '''.'-`?':4..7,',-.„...:::,;-,,,,-,* '''''--''''. -t'''-. ''f'-',...,-,A. , ...;,i • -.. , ...k. . ., ,..,.,... , •-•• -...... .,,,,. :,....,....,.:•,,,,,,..., ...... ,. . ._,,!,,•-4_,,,;;.' .. 'rX1'..*.4f.' May 2, 2023 To: City of Virginia Beach Planning Commission My name is Sarah Welch and I reside at 522 20 1/2 Street down the street from the four (4) proposed short-term rentals at 505 and 507 20 and 20 1/2 Streets. I stand in opposition of these proposed Short- Term Term Rental (STR) conditional use permit (CUP) requests. My rationale for this opposition is our street is already active with several homes that are either active as legal permitted (518 21st St. & 525 20th St.) or unpermitted (524 20 1/2 St.) short-term rentals. There are 35 houses between Mediterranean and Baltic on north side of 20th, 20 1/2, south side of 21 St streets. With the current number of STRs, we have had situations of loud tenants, parking issues, and the lawns unkept. (I have in the past submitted photos of parking and lawn issues.) We also had one at 516 20 1/2 street where the owners tried short-term renting (for a very short duration), they personally pulled it, and sold the condo because they had issues with renters where the police were called in to manage the situation. Regularly, especially through the 100 days of summer, there are parking issues on move in and move out days. I believe based on the code of 1 parking space per bedroom there is not ample parking. In this situation of 4 addresses, it may cause even greater parking issues on move in and move out days. I personally experienced a situation where had a renter came to my home and ask if they could pay me to park in my driveway. Renters routinely park in the driveway that belongs to the houses in our condo community on 21st street and the owner have had to approach the STR occupants to move their cars so they can go about their business. I moved to Virginia Beach and into my home in May 2019. I purposefully bought this house in this neighborhood as it was in a single-family home area with homeowners in most of the houses. I did not buy in other locations in Virginia Beach due to the high concentration of investor real estate properties. As a homeowner, on this small street (basically an alley way) I am concerned with the potential for too many investor properties in a half block situation. I am also concerned about the potential of property value degradation, home upkeep, and safety within our neighborhood with too many homes as investor real estate properties. I am requesting that you consider not allowing this new set of 4 addresses to become short-term rentals. If we must continue to have investor real estate in the Ocean Resort district, I am requesting that this council consider a density cap to ensure that no one neighborhood turns into an area where the propensity of homes is investor-owned and short-term rentals. I believe that no more than 5-10% of the homes in each location should be investor and short term rental. I respectfully request you take my feedback into consideration as you make your upcoming decisions. Thank you in advance for your time. VBgov.com Map Center Open Data $T 2013 c 2011 D ._I.Y" 508 504 me20D9 516-B .:.I rISTST _ 516 G tiy4126,1 26 r 1 m 2007 L--- 526 524 522 512 2008 - 3-CM 516� I. 508-B '-"1 a-- ��,�-... 522-CM 530 !1 ' 432 530 21 ST ST -. 522 510iali ' \- - 2005 Z St4 _ w, 429CM m 1 Y r-" �"�$ 20o4 BALTIG AVE V. 2003 --mot r, l _ n ,, ^._`' r_ WI-- - 5t I 'I:, 507 SOS 2002 BALTIC AVE K, I 2001 515 509 2062 S 19 \"'pj°� 523 SDS 1 523CM 517 P 513 507 D 1 Z i S_ ." 20TH SS \ T. ; 5116 564 S02 11106 '. \ 5143TH ST SN j g1 516-A 516-13 514 512 yt>- I m 51tl S 516CM Z.Z 516CM1 Ne T' 1907 1. \I I \ Z 1 507-A 516-C 1911QBALnCAVE S16-D 1 4 1905 `-� ••'of 4 irginia Leach,VITA,Esri,HERE,Garmin,INCREMENT P,US Sarah R. Welch 522 20 1 St. Virginia Beach, VA 23451 srwelch64@icloud.com 704.609.1590 M. 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CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/05/2023 PAGE: 1 R H H C L H OR A H T W W U E L EMRU A I O CDNCMMOL Y L 0 C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N I. CITY COUNCIL'S BRIEFING A. LEGISLATIVE AGENDA PROCESS Brent McKenzie, (Requested by Vice-Mayor Wilson and Council Legislative Affairs Members Ross-Hammond and Taylor) Liaison II. CITY MANAGER'S BRIEFINGS A. SPORTS TOURISM DEVELOPMENT Nancy Helman, UPDATE Director—Convention and Visitors Bureau B. 21"STREET LIBRARY UPDATE L.J.Hansen,Director —Public Works C. PENDING PLANNING ITEMS Kaitlen Alcock, Planning Administrator III-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL AND FORMAL SESSIONS AUGUST 15,2023 H. MAYOR'S PRESENTATIONS 1. DISABILITY VOTING RIGHTS WEEK Mary Mathena,Mayor's Commission of Persons with Disabilities 2. MOUNT TRASHMORE 50t°ANNIVERSARY ADDED Michael Kirschman,Director— Parks and Recreation I. PUBLIC HEARINGS 1. CHANGE THE CENTRAL ABSENTEE NO SPEAKERS PRECINCT LOCATION FOR THE NOVEMBER 2023 AND MARCH 2024 ELECTIONS to Building 23 within the Municipal Center 2. LEASE OF CITY PROPERTY NO SPEAKERS 2089 Indian River Road—Residential Dwelling to Haleigh Harper Krause 3. LEASE OF CITY PROPERTY 1 SPEAKER 1,143 square feet of gravel parking area along Ocean View Avenue to B&J,Ltd.of Virginia K.1. Ordinance to AMEND City Code Section 10-1 re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y change the Central Absentee location to CONSENT Building 23 for the November 2023 /March 2024 Elections CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/05/2023 PAGE: 2 R H H C L H OR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.2. Ordinance to AMEND City Code Sections 5-311, ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 5-500,5-501 and 5-520 through 5-529 re animals CONSENT K.3. Resolution to ADD Student Members to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Open Space Advisory Committee(Requested by CONSENT City Council) K.4. Resolution to APPROVE the FY-2024 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Performance Contract with the Commonwealth of CONSENT Virginia re mental health,developmental and substance use disorder services / ACCEPT, APPROPRIATE/TRANSFER State funds K.5. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing an improved portion of CONSENT right-of-way adjacent to 204A,204B/202 75th Street K.6. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing an improved portion of CONSENT right-of-way adjacent to 7406 Atlantic Avenue K.7. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing portions of unimproved CONSENT rights-of-way adjacent to 203 75th Street K.8. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 205 75i°Street K.9. Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 209 75'h Street K.10 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 211 75th Street K.11 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 213 75'h Street K.12 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 215A/215B 75t Street K.13 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 217 75th Street K.14 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 7500 Atlantic Avenue K.15 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 208A/208B 76th Street K.16 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 210 76'h Street • CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/05/2023 PAGE: 3 R H H C L H OR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.17 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 214 76`s Street K.18 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 216A/216B 76th Street K.19 Ordinance to EXTEND thedate for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a portion of unimproved CONSENT right-of-way adjacent to 218A/218B 76m Street K.20 Ordinance to EXTEND the date for satisfying the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re closing a 334 square foot portion of CONSENT unimproved right-of-way adjacent to the rear of 317 45m Street K.21 Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Treasure Canal,located at the rear of 2240 Windward Shore Drive re construct/ maintain a boat lift,wood dock and a portion of a wood pier DISTRICT 8 K.22 Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Lake Holly located at the rear of 703 Arctic Avenue re construct/maintain a vinyl bulkhead and a timber pier DISTRICT 5 K.23 Ordinance to CARRY FORWARD and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$10,145,169 to the FY 2023-24 CONSENT Operating Budget re purposes previously approved in FY 2022-23 K.24 Ordinance to APPROPRIATE$1,164,299 from DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Tourism Investment Program (TIP) Fund INDEFINITELY,BY Balance to the FY 2023-24 Convention and CONSENT Visitors Bureau Operating Budget re conditional payment to ESM VBSC,LLC (Deferred from August 8,2023) L.1 SHJ CONSTRUCTION GROUP, LLC / APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ATLANTIC SHORES BAPTIST CHURCH for MODIFIED/ a Modification of Conditions re religious use and CONDITIONED,BY CUP re car wash facility at 1861 Kempsville CONSENT Road DISTRICT 7 L.2 FRANKLIN JOHNSTON GROUP WITHDRAWN,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT&DEVELOPMENT,LLC/ CONSENT ADDLE S. VANDERMEL REVOCABLE TRUST&ET AL,WILLIAM E.&PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS,LLC fora Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District with Workforce Housing Overlay District / Modification of Proffers re expand and add 176 additional units for a portion of 2737 Princess Anne Road&eastern adjoining parcel,2520 Allie Nicole Circle DISTRICT 2 (Approved July 8, 2014) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/05/2023 PAGE: 4 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L 0 CYL 0 I OUML S T AGENDA HE EMCN S A OCIE ITEM# SUBJECT MOTION VOTE I R YBK DENRNN L.3 SPEEDGEARZ, LLC / COVINGTON DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y FAMILY TRUST for a CUP re automobile SEPTEMBER 19, repair garage at 212 Dorset Avenue DISTRICT 4 2023,BY CONSENT L.4 LONDON BRIDGE DEVELOPMENT,LLC DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y for a CUP re bulk storage yard at 130 London SEPTEMBER 19, Bridge Road DISTRICT 6 2023 APPOINTMENTS RESCHEDULED BYCO N S ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMI'1"1'EE WETLANDS BOARD COLLECTIVE BARGAINING TASK FORCE 11-0 Y • Y Y Y Y Y Y Y Y Y Y Appointed: Brad Belton James R.Boyles Steven R.Cover Dennis E.Free Max A.Gonano Terry L.Green Michael F.Imprevento Alfred M.Jacocks Brian R.Luciano Lisa A.Turner James L.Wood 9/5/2023—12/5/2023 HOUSING ADVISORY COMMITTEE 11-0 Y • YYY Y Y Y Y Y Y Y Appointed: Brandon M.Hackney Representing Planning Department Unexpired thru 9/30/2025 VIRGINIA BEACH CANNABIS ADVISORY 11-0 Y • YYY Y Y Y Y Y Y Y TASK FORCE Appointed: Brandon M.Hackney Representing Planning Department Unexpired thru 12/31/2023 +2 Year Term 1/1/2024-12/31/2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:09/05/2023 PAGE: 5 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O CYL 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK D EN R N N WETLANDS BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Benjamin McFarlane Representing Full Member 5 Year Term 10/1/2023—9/30/2028 Reappointed: Cindy Hawks White Representing Full Member 5 Year Term 10/1/2023—9/30/2028 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:50 PM OPEN DIALOGUE 7:02 PM 3 SPEAKERS