No preview available
HomeMy WebLinkAbout 10-17-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large ,NIA B VICE MAYOR ROSEMARY WILSON—District 5 `��C�jS!L MICHAEL F.BERL UCCHI—District 3 0� BARBARA M.HENLEY—District 2 a 2 VACANT—District/ ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 JENNIFER ROUSE—District 10 JOASHUAF. "JOASH-SCHULMAN—District 9 CHRIS TAYLOR—District 8 SABRINA D. WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY TTORNEY—SUE ARK D. STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYASSESSOR—SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR—LYNDONS.REMIAS October 17, 2023 EMAIL:CITYCOUNCI VBGOV.COM C17Y CLERK—AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. OCEANA VOLUNTEER FIRE DEPARTMENT SUPPORT TRUCK (Requested by Mayor Dyer and Council Member Taylor) Wayne Richardson, Chief—Oceana Volunteer Fire Department B. 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES 2:30 PM Nancy Helman, Director—Convention and Visitors Bureau Dr. Vince Magnini, Executive Director— Institute for Service Research C. RUDEE LOOP RFQ PROCESS REVIEW 3:30 PM Michael Kirschman, Director—Parks and Recreation II. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 4:15 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 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 October 3, 2023 2. FORMAL SESSION October 10, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - HISPANIC AND LAT1NO HERITAGE MONTH Johnny Garcia, President—Hispanic Chamber Ana Williams, Executive Board Member—Hispanic Chamber Patricia Bracknell, Executive Director—Hispanic Chamber Julian Baena, Executive Board Member—Hispanic Chamber Jose Emenaker, Treasurer—Hispanic Chamber Francesca Garcia, Executive Board Member—Hispanic Chamber Jay Cruz, Executive Board Member—Hispanic Chamber 2. PROCLAMATION - FILIPINO AMERICAN HISTORY MONTH Max Frias, Vice-president, Filipino American National Historical Society of Hampton Roads (FANHS-HR) Human Rights Commission 3. PROCLAMATION - BREAST CANCER AWARENESS MONTH Sarah Kingsley, American Cancer Society (ACS) Donna Rennick, Volunteer and survivor—American Cancer Society (ACS) Dr. Bruce Waldholtz, American Cancer Society (ACS) volunteer and National Board Member for the American Cancer Society (ACS) advocacy arm Kim Pender, Breast Cancer survivor I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 2. PROPOSED CHARTER AMENDMENT Filling Vacancies on City Council 3. PROPOSED CHARTER AMENDMENT Membership of Board of Equalization 4. APPROPRIATION OF FEDERAL REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Eastern Shore Drainage Improvements 5. ACQUISITION BY AGREEMENT OR CONDEMNATION The Lakes South London Bridge Creek Channels and Gate Project 6. ACQUISITION BY AGREEMENT OR CONDEMNATION Kemps Lake Water Quality Improvement Project 7. DEDICATION OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA 15' wide Easement at Upton Drive and Nimmo Parkway J. PUBLIC COMMENTS 1. EDWARD BYRNE JUSTICE ASSISTANCE GRANT(JAG) 2. 2024 DRAFT LEGISLATIVE AGENDA K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES /RESOLUTIONS 1. Ordinance to AMEND City Code Section 35.3-10 re extend the sunset provision for the Chesopeian Colony Area Dredging Special Service District 2. Resolution to EXTEND the City/School Revenue Sharing Policy re change June 30, 2024 to June 30, 2025 3. Resolution to DIRECT the City Manager and City Attorney to CONDUCT a study and RECOMMEND any necessary changes to the City Zoning Ordinance(CZO)relative to project density and sound attenuation on properties located partially in the Interfacility Area or partially in noise zones of 65 dB DNL or greater (Requested by Council Members Henley, Rouse, Taylor and Wooten) 4. Resolution to AUTHORIZE City support for a City Council Member-sponsored event re Level Green Fall Festival(Requested by Mayor Dyer and Council Member Wooten) 5. Ordinance to ADOPT the FY 2024-25 Focused Action Plan(Requested by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse and Schulman) 6. Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 2, 5 and 6 7. Ordinance to DECLARE 1,804+/- square feet of City-owned property on Ferry Point Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to the adjoining property owners DISTRICT 7 8. Ordinance to AUTHORIZE temporary encroachments into 10' City Maintenance Easement and a 100' City Drainage Easement located on 924 Sandoval Drive re maintain a wood fence, concrete pad and driveway, frame shed, and pool area DISTRICT 5 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the 25' strip of City-owned property around Lake Joyce located at the rear of 4224 Ben Gunn Road re maintain existing pier,existing bulkhead,existing aluminum fence, and construct and maintain a landward pier extension and bulkhead DISTRICT 9 10. Ordinance to APPROPRIATE $8.5-Million from General Fund Balance and TRANSFER as pay-go funding to Capital Project#100664 5/31 Memorial 11. Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $72,122 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2023-24 Juvenile Domestic Relations Court Operating Budgets of ($10,000) re contracted manpower and Police Department Operating Budget ($62,122) re purchase law enforcement equipment for the SWAT, Mounted, K-9 and Youth Services Units 12. Ordinance to ACCEPT and APPROPRIATE $63,356 from the Office of Executive Secretary of the Supreme Court of Virginia to the FY 2023-24 Commonwealth Attorney Operating Budget and AUTHORIZE local match (25%) provided by Human Services Department existing resources)re adult drug treatment court 13. Ordinance to ACCEPT and APPROPRIATE $52,031 from the Library of Virginia, State Aid Grant to the FY 2023-24 Public Libraries Operating Budget re purchase books and other materials for the print and digital collections 14. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Commonwealth of Virginia to the Human Services Operating Budget re treatment programs provided by the Substance Use Outpatient Services Program 15. Ordinance to ACCEPT and APPROPRIATE $20,780 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re programs that address problem gambling 16. Ordinance to ACCEPT and APPROPRIATE$20,000 from the Summer Jobs Connect Program Grant to the FY 2023-24 Parks and Recreation Operating Budget re Summer Youth Employment Program 17. Ordinance to ACCEPT and APPROPRIATE $3,713 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget AUTHORIZE $1,225 local match re Project for Assistance in Transitioning from Homelessness (PATH) program M. PLANNING I. W.W. REALTY ASSOCIATES, LLC & FRANK T. WILLIAMS for a Modification of Conditions to a Conditional Use Permit and Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 5309 Morris Neck Road & adjoining western parcel DISTRICT 2 RECOMMENDATION: APPROVAL 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ADDIE S. VANDEMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC for a 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 and a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 RECOMMENDATION: APPROVAL 3. COMMONWEALTH BREWING COMPANY, LLC / COMMONWEALTH BREWING COMPANY,LLC & CITY OF VIRGINIA BEACH for a Street Closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 4. COMMONWEALTH BREWING COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re expand to accommodate additional outdoor seating and parking spaces at 2440 and 2444 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 5. RED CHURCH,INC.for a Modification of Conditions to a Conditional Use Permit re religious use at 245 South Rosemont Road DISTRICT 3 RECOMMENDATION: APPROVAL 6. CHRISTOPHER GREGORY / PRINCESS ANNE/WITCHDUCK ASSOCIATES 1, LC, C/O ROBINSON DEVELOPMENT GROUP for a Modification of Conditions to a Conditional Use Permit re install freestanding signs at 5152 and 5168 Princess Anne Road DISTRICT 3 RECOMMENDATION: APPROVAL 7. 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 parcel between 2307 and 2309 Millwood Road DISTRICT 8 (Deferred from September 19, 2023) RECOMMENDATION: STAFF APPROVAL PLANNING COMMISSION DENIAL APPLICANT REQUEST DEFERRAL TO NOVEMBER 21, 2023 8. EMILY MCGRAW/VB REGATTA CENTER ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3636 Virginia Beach Boulevard, Suite 110 DISTRICT 8 RECOMMENDATION: APPROVAL 9. LAUNCH CREATIVE SPACE, LLC / MARINA SHORES REPAIR CORP. for a Conditional Use Permit re assembly use at 2865 Lynnhaven Drive, Suite Cl DISTRICT 8 RECOMMENDATION: APPROVAL 10. MARINA SHORES REPAIR CORP. for a Conditional Use Permit re bulk storage yard at 2865 Lynnhaven Drive DISTRICT 8 RECOMMENDATION: APPROVAL 11. BHATT BROTHERS,LLC/RED MILL WEST,LLC for a Conditional Use Permit re tattoo parlor at 1169 Nimmo Parkway, Suite 224 DISTRICT 5 RECOMMENDATION: APPROVAL 12. Resolution to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re Virginia Beach Historic Preservation Plan, 2023,which will supersede the Historic Resources Management Plan, 1994 RECOMMENDATION: APPROVAL N. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ************************* The Agenda(including all backup documents) is available at https://clerk.virginiabeach. ov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(a-),vb ov.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: htt,ps:Hvbgov.webex.com/weblink/reizister/rdb593ed9c67f4553bl ac91 a390c l ba75 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 17, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. OCEANA VOLUNTEER FIRE DEPARTMENT SUPPORT TRUCK (Requested by Mayor Dyer and Council Member Taylor) Wayne Richardson, Chief—Oceana Volunteer Fire Department B. 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES 2:30 PM Nancy Helman, Director—Convention and Visitors Bureau Dr. Vince Magnini, Executive Director— Institute for Service Research C. RUDEE LOOP RFQ PROCESS REVIEW 3:30 PM Michael Kirschman, Director—Parks and Recreation II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 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 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 October 3, 2023 2. FORMAL SESSION October 10, 2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION - HISPANIC AND LAT1NO HERITAGE MONTH Johnny Garcia, President—Hispanic Chamber Ana Williams, Executive Board Member—Hispanic Chamber Patricia Bracknell, Executive Director—Hispanic Chamber Julian Baena, Executive Board Member—Hispanic Chamber Jose Emenaker, Treasurer—Hispanic Chamber Francesca Garcia, Executive Board Member—Hispanic Chamber Jay Cruz, Executive Board Member—Hispanic Chamber 2. PROCLAMATION - FILIPINO AMERICAN HISTORY MONTH Max Frias, Vice-president, Filipino American National Historical Society of Hampton Roads (FANHS-HR) Human Rights Commission 3. PROCLAMATION -BREAST CANCER AWARENESS MONTH Sarah Kingsley, American Cancer Society(ACS) Donna Rennick, Volunteer and survivor—American Cancer Society(ACS) Dr. Bruce Waldholtz, American Cancer Society (ACS) volunteer and National Board Member for the American Cancer Society (ACS) advocacy arm Kim Pender, Breast Cancer survivor G�NIAI-BBC O� • U Or OUR N/.t'O� Prodamatifin Iffwmw: Starting in 1968, Americans observe Hispanic Heritage 'Week and it was expanded to National Hiispantc 9feritage Month in 1988, cele6rating the histories; cultures, and contributions ofAmencan citizens whose ancestors came from Spain,Medico, the Caribbean and CentralandSouthAmerica;and Win= Tie 2020 Census defines Ethnicity under two categories: 'Hispanic or Latino' or 'Not Hispanic or Latino.' 'Ifispanic or Latino'is defined by the Census as a person of Cuban, McVcan, Puerto R"n, South or Central American, or other Spanish culture or origin, regardress of race.;and uNe►rar She Hispanic Chamber of Commerce of Coastal'Virginta 6egan operations on May 31st,2003, as the (Peninsula Tidewater Hispanic Chamber of Commerce. On May 20, 2005, the organization emerged as the Hampton Dads Hispanic Chamber of Commerce to better serve the Hispanic business community in Hampton Roads.;and W 4imax Hispanic and Latino men and women have played a pivotal role in building and strengthening our communities,andenriching our culturaldrversity,•and "%ere= Iris Hispanic Ventage Month, 'Virginia has even more of a reason to celebrate; the 2020 Census indicates that Virginia has seen a 43.8% increase in the percentage of Hispanic and Latino people since 2010.and tiYhow Differences between groups are vital grey are what make us unique while also a&nving us to be a part of something larger than ourselves;and U*enwr Ire City of Virginia Beach recognizes and celebrates the essential contributions and accomplishments that Hispanic and Latino citizens hale made towards the growth and prosperity of our Virginia Beach communities. Now q&rcfore, I W96ert M. :Dyer, Mayor of the City of'Vtrgiria Beach, Virginia, do hereby proclaim: September 15 — October 15, 2023 Hispanic and Latino Yferitage Wonth In Virgvtia Beach, andl encourage adcitizens to join with the rest of the country in celebrating the SSrh National Yfispanic and Latino 9feritage Month by commemorating essential contributions, sacrifices, and accomplishments that Hiispanic a,•rd Latino people have made throughout the Vnitedstates and throughout our nation's history. In `Gihiness `0ienof, I have hereunto set my hand and caused tiie Official Seal of the City of Virginia Beach, Virginia, to be affiX•ed this seventeenth day of October Two 21iousand Twenty- three. W96er`M "Bob6y°oyer Mayor IA-B c 04 H is S9r8 OF OUR NA"0�'ebb rodamattoll u4erras: The cerebration of TiCipino American-Mistmy Month in October commemorates the first recorded presence of fFihpinos in the continental VnitedStates,which occurredon October18,1587,andin 2009,V.S.Congress recognizedOcto6er as EilripinoAmerican 3fistory Month in the VnitedStates;• and u4erras: The 7fampton 9Zpads Chapter of the TifipinoAmerican Nationaf9fiatoricafSociety was chartered on June 3,1990,to promote education andappreciation of the history andcufture of IFiCpino Americans in the[oca[community;and Ul ereas. The men andwomen of the(FiarpinoAmerican community havegreatfy impactedandenrichedthe City of Virginia Beach through civifservice,businesses,arts andscience,and the miCitary;and ' C-Maz A'Virginia Mstorica[94arkrr•hononng Tihpino eZ,FifipinoAmericans serving in the VnitedStates Fi tpinoAmericans continue to serve the citizens of Virginia;and 44Arr T=. A Virginia Ylistonca(Markfr honoring Tdiipino eZ Filipino Americans serving in the'VnitedStates Navy is prominently drspfayedinfront of theThiliippine CukuralCenter,4857BaxWWpaQ and U*err= 'FiarpinoAmericans continue to serve the citizens of Virginia Beach,such as Chief DeputyA[vie Cufanding,the first TifrpinoAmerican to be appointedas Chief(Deputy of the Virginia Beach Sheriffs Department and Carry Manugo,the first EifrpinoAmencan to be principal in a Virginia Beach(Pu6CwSchook and "Ner= Virginia Beach is proud to cefe6rate TFi*no American Jlistory Month and commemorate the contributions andaccompGshments that EiCpinoAmericans have made andcontinue to make to our community. Now,2hereforr I,9Zpbert M. "Bo66y"(Dyer,Mayor of the City ofVirginia Beach,'Virginia,do hereby proclaim.• (FIGI(PI"AWEWJCAYNISTORT, iONW INOVRCITY of eVI pgIJVIA BSA~ In I*ird Beach,I call this observance to the attention of all our citizens of our beloved City of Virginia Beach. In 'Witness Ufmaof, I have hereunto set my hand and caused the Offuiaf Sea(of the City of Virginia Beach, Virginia,to be affLTed this Seventeenth Day of October,Two 7housandand7wenty-Three. ffw—OAA---- 9�qbert:M. Bo66y"Dyer Mayor I''$FA 0, 9,f;�O�At%ol15 04. .Prodamation 'WKerear. Breast cancer is the most preva(ent cancer d'tagnosedamong women in the VnitedStates andstands as the second(eadng cause of canter-relateddeaths among women,following onCy lung cancer,as reported by theAmerican Cancer Society. 006ally,it remains the most commonly duagnosedcancer, and %4ereas Breast CancerAwareness.Month,celebratedannually in October,is renownedfor its vibrant,pink themedcampaigns.It as an initiative that resonates differently with those affected 6y the disease, recognizing that everyone's experience is unique.In the spirit of inctusivity,Breastcancer:org aims to embrace the diversity of perspectives surrounding this month,-and 'Whereas: October 13 is officiaQy recognized throughout the`UnitedStates as Metastatic Breast Cancer Awareness Day.Metastatic breast cancer,which occurs when the disease spreads from the breast to otherparts of the body,is a harsh reality forapproximate(y 30%of ind'rviduafs inittaQy diagnosed with breast cancer.This day is dedicated to raising awareness of the urgent needfor more research to combat metastatic breast cancer,and °vewereas.• 4scent statistics indicate that among the u(trasoundscreenings performed,a su6stantia(75% marked women's first u(trasoundscreening,63%occurred within nine months folio-unng a mammogram,2%were conducted on women with a priory I screening e)cam,appro- imately 69% were carriedout on women aged40 to 59,25.7%were administered to Black,Asian,orgiispanic women,anda staggering 95.3%were conductedon women with dense breasts;and `Whereas: It is essentiafto recognize that white there is no known cure for metastatic breast cancer, there are treatment options availa6fe that can help contro(the disease for severa(years.If one treatment proves ineffective, there may be another viabk option Metastatic breast cancer can exhibit periods of activity and remission,and a wide array of treatments,whether used independently,in combination,orsequentially,are frequently employed to address this challenging condition. Now,4herefore I,Wp6ert M. "Bob6y'Dyer,Mayorof the City of Virginia Beach,'Virginia,do hereby proclaim: OC106er 2023 as Breast CancerAwareness Month In I*ginia Btaeh, I caff upon the citizens and health providers in Virginia Beach to increase awareness andfollow the steps in advance for prevention. In V itnem Wiertof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to be affrxed this Seventeenth(Day of October,Two qhousandandTwenty-Three. i. Pp6ert M. Bobby"Dyer Mayor I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Implement 10-1 Election System 2. PROPOSED CHARTER AMENDMENT Filling Vacancies on City Council 3. PROPOSED CHARTER AMENDMENT Membership of Board of Equalization 4. APPROPRIATION OF FEDERAL REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) Eastern Shore Drainage Improvements 5. ACQUISITION BY AGREEMENT OR CONDEMNATION The Lakes South London Bridge Creek Channels and Gate Project 6. ACQUISITION BY AGREEMENT OR CONDEMNATION Kemps Lake Water Quality Improvement Project 7. DEDICATION OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA 15' wide Easement at Upton Drive and Nimmo Parkway Public Notice Proposed Charter Amendments 1. Implement 10-1 Election System 2. Filing Vacancies on the City Council 3. Membership of the Board of Equalization On Tuesday,October 17,2023,at&DO pm 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 three public hearingsto provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter.The following is an informative summary of the proposed amendments. Public Hearing#1.This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City Council in its 2023 Redistricting Ordinance. If adopted,the City Charter will provide for the division of the City into 10 single-member election districts. The mayor will continue to be elected at-large. At the November 2024 general election,the members representing district 1,district 3,district 5,district 7,and the mayor will be elected. At the November 2026 general election, the members representing district 2, district 4,district 6,district 8,district 9,and district 10 will be elected. Each member is elected for terms of four years. Public Hearing#2. This proposed amendment will amend § 3.03 of the City Charter to change the method of filling vacancies in the office of member of the City Council and mayor. If adopted,all vacancies,except those occurring within 120 days of the next general election,will be filled by special election called within 60 days of the occurrence of the vacancy. The amendment includes technical language to avoid the holding of such special election during the period of time prior to and including the date of a primary election wherein special elections are prohibited. The City Council may consider two alternatives. One alternative includes the mayor in the requirement to promptly fill the vacancy by special election.The other alternative would have a mayoral vacancy filled by special election at the same date as the November general election. Public Hearing#3. This proposed amendment to the City Charter will amend§8.07 to expand the membership of the Board of Equalization from its present members of 4 to 5 and an alternate in the event of an absence by one of the members. The Board of Equalization is appointed by the Virginia Beach Circuit Court,and it has the power to revise,correct,and amend any assessment of real estate. The hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at(757)385-4303. 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: httnr//vbeov.webex.com/weblink/repiter/rdb593ed 9c67f45S1h1ac4 a3g .1ba75 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on October 17,2023. If you are physically disabled or visually impaired and need assistance at this meeting please call(757)385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes,MIMIC BEACON-October 8,2023 sj!:IA BLAr f 1-: CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Resolutions to Request the General Assembly Amend the City Charter PUBLIC HEARING: October 17, 2023 MEETING DATE: November 14, 2023 ■ Background: The City Council is authorized to request the General Assembly amend the City Charter. Prior to making such request the City Council is required to either undertake a referendum election or hold a public hearing. For the following requests, the City has elected to hold a public hearing. Request #1, Election System. This proposed amendment will allow the City Charter's text to reflect the 10-1 election system that was adopted by the City Council in its 2023 Redistricting Ordinance. If adopted, the City Charter will provide for the division of the City into 10 single-member election districts. The mayor will continue to be elected at- large. At the November 2024 general election, the members representing district 1, district 3, district 5, district 7, and the mayor will be elected. At the November 2026 general election, the members representing district 2, district 4, district 6, district 8, district 9, and district 10 will be elected. Each member is elected for terms of four years. Request #2, Board of Equalization Membership. This proposed amendment to the City Charter will amend § 8.07 to expand the membership of the Board of Equalization from its present members of 4 to 5 and an alternate in the event of an absence by one of the members. The Board of Equalization is appointed by the Virginia Beach Circuit Court, and it has the power to revise, correct, and amend any assessment of real estate. A third potential amendment to the City Charter was advertised to allow the City Council to consider the City Charter's provisions for filling vacancies. As discussed at the Workshop Session on October 10, 2023, the City Council desires to complete the January 9, 2024 Special Election to fill the vacancy in District 1 prior to future review of the system of filling vacancies. Therefore, no resolution for the third public hearing is presented. ■ Considerations: The City Council adopted a policy on September 19, 2023, that imposes a vote requirement of three-fourths of the members of the City Council for adoption of a request for the General Assembly to amend the City Charter. ■ Public Information: The required public hearings will be held on October 17, 2023, at the Formal Session. The two requests presented for action were included in the draft Legislative Agenda presented to the City Council on October 10, 2023. Charter Amendments Page 2 of 2 ■ Attachments: Resolutions(2), Exhibit A to Election System Resolution The Election System Resolution is requested by Mayor Dyer, Vice-Mayor Wilson, and Councilmembers Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, Taylor, and Wooten. The Board of Equalization Resolution is requested by the Board of Equalization. REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, TAYLOR, AND WOOTE N 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO IMPLEMENT A TEN 3 SINGLE-MEMBER DISTRICT ELECTION SYSTEM 4 5 WHEREAS, in December 2021, the City Council was ordered by the Federal 6 District Court to conduct its councilmanic elections using a system that provided for ten 7 single-member districts; 8 9 WHEREAS, the order of the Federal District Court was overturned by the Federal 10 Appellate Court after the candidate petitions were completed, so the City conducted the 11 November 2022 using the ten single-member districts; 12 13 WHEREAS, the City Council authorized a public input initiative to receive feedback 14 from the residents regarding their preference for the manner of conducting future 15 elections; 16 17 WHEREAS, the Weldon Cooper Center for Public Service at the University of 18 Virginia conducted a statistically validated public opinion survey within the City, which 19 showed 81% support for a 10:1 system; 20 21 WHEREAS, the City Council adopted it decennial redistricting ordinance on August 22 15, 2023, and this ordinance uses the same 10:1 system and district boundaries that were 23 previously ordered by the District Court; and 24 25 WHEREAS, it is desirable to align the text of the City Charter to reflect the 10:1 26 system of elections that was adopted in the decennial redistricting ordinance. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests the General Assembly amend §§ 3.01, 3.01:1; 32 3.02:1 , 3.02.2, and 3.02:3 of the City Charter to implement the ten single-member district 33 of elections. The attached Exhibit A, which is incorporated herein, provides the requested 34 text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2023. ZRO D AS TO LEGAL SUFFICIENCY: orn �e CA16199/ R-1 October 11, 2023 EXHIBIT A PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven Fesid^ districts of approximately equal population which shall be numbered one through ten seven.The council shall consist of eleven members, the mayor elected at large and one member to be elected by and from each of the ten single-member election districts laFge from the Fesidents of each f the B. The boundaries and names of such districts shall be established by ordinance en eF before March , 1996, and thPFP;;4er the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. deteFmined by majority vete-of the 6ty couned and shall be the petitieR. Upon the filing ef th-e petit E)n,the eircuit ceuFt shall eFder that aR advisery refeFeRdUM be held 9R the queStien iR the city at t4e pal eleCtieRS te be held in May !996. Sec. 3.01:1. Implementation of districts. A. At the November 2024 May 1996 general election,the Free members representing district 1 district 3 district 5, district 7, and the mayor shall be elected.by the city at!aFge fFem the FesideRts f the Blaeko.ateF_ .The terms of the members so elected shall commence January 1 2025 and expire on December 31, 2028.july 1, loon The teFms ef the mayor and eeuRcilmembeF elected by and frem the city at IaFoe OR May ef 1996 shall expire an jut" , B. At the November 2026 general election,OR May of 1999 the members representing district 2 district 4 district 6, district 8,district 9 and district 10 shall be elected.at large frern district numbered one thFeugh three shall be elected feF terms ef two yeaFs and the membeFs elected at !aFge 49m districts numbprpd fe., The terms of the members so elected shall commence January 1,2027, and expire on December 31 2030 .two eeuncilmembeFs eleeted by and fFem the city at large n May„f 1999 shall expire eR j l 1 2002 Th ft C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. , City council regular elections shall take place at November general elections. eentkque 4n 940ce until the*F successeFs have beeR elected at the November PAP-G*iAen and take e4mee G�� shall eeRtFnue uRtil his suGeesseF has been duly elected and qualified. Each candidate shall state,at the time of filing,whether he is running at laFge,from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor; resignation to run requirements. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run#ee eRP Af the at-large seats.A candidate running for mayor shall not run for any other seat. In the event any councilmaR member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilman's member's intention to run for mayor,shall require no formal acceptance by the remaining councilmen members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31 shall constitute the mayor's intention to run for one of the single-member election districts shall require no formal acceptance by the remaining council members and shall be final an irrevocable when tendered The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. Council MeMbeF Fesignation to rum f9F new seat. (a) in the event that aRy council Fnember frann A-Re Of the Fesidence districts shall deGide dUF'ng his teFFn E) mernber not less than 10 days PFiE)F t9 the date fer the filiRg of petitioRs as FeqUiFed by geReFal law. Suc44 at IaFge seat, shall FequiFe ne fE)Fmal aceeptance by the remaiRiHg GOUREP membeFs, and Shall be final aP4 run fE)F an at IaFge seat shall be- filled at the same general eiection or by sper=ial eleCtiOR of the at large 5eat is to be filled by special I ti , REQUESTED BY THE BOARD OF EQUALIZATION 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO EXPAND THE 3 MEMBERSHIP OF THE BOARD OF EQUALIZATION 4 5 WHEREAS, the City Council held a public hearing at its October 17, 2023, meeting 6 to receive input from the residents regarding a proposed amendment to the City Charter; 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA, THAT: 10 11 The City Council hereby requests the General Assembly amend § 8.07 of the City 12 Charter to expand the membership of the Board of Equalization from its present 13 membership of 4 to 5 and 1 alternate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: i y one s O ice CA16344 R-1 October 10, 2023 z�PUBLIC HEARING Appropriation of up to $26,326,428 in Federal Revenue from the Federal Emergency Management Agency for Eastern Shore Drainage Improvements On Tuesday,October 17,2023,at 6:00 p.m.at City Hall,2401 Courthouse Dr., Virginia Beach,VA 23456,the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to its Capital Improvement Program that exceeds 1%of the Adopted FY 2023-24 Capital Improvement Program. This amendment is to appropriate up to $26,326,428 in federal revenue from the Federal Emergency Management Agency's Building Resilient Infrastructure and Communities Grant Program.This funding,combined with previously appropriated funds from the November 2021 Flood Protection Bond Referendum, will make public infrastructure improvements that together will provide vital protections to the residents, businesses,and critical assets within the project area. These improvements include two large stormwater pump stations,automated tide gate, two significant outfall discharges, collection systems, and canal deepening and widening to provide attenuation of the peak discharge to alleviate flooding in the community and on Shore Drive. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: • Register for the WebEx at httc)s://vbkov.wel)ex.com/weblink /register/rdb593ed9c67f4553b i ac91a390c1ba75 • Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.c prior to 5:00 p.m.on October 17,2023. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk Beacon:Sunday,October 8,2023 Hu SYf' icy. CGS •1r ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $25,144,014 in Federal Revenue to the FY 2023-24 Capital Improvement Program amongst Four Eastern Shore Drive Drainage Improvement Capital Projects PUBLIC HEARING: October 17, 2023 MEETING DATE: November 14, 2023 ■ Background: The Federal Emergency Management Agency (FEMA) has approved Virginia Beach for a Building Resilient Infrastructure and Communities (BRIC) grant. BRIC supports states, local communities, tribes and territories as they undertake hazard mitigation projects, reducing the risks from disasters and natural hazards. This funding, combined with previously appropriated funds from the November 2021 Flood Protection Bond Referendum, will make public infrastructure improvements that together will provide vital protections to the residents, businesses, and critical assets within the project area. These improvements include two large stormwater pump stations, automated tide gate, two significant outfall discharges, collection systems, and canal deepening and widening to provide attenuation of the peak discharge to alleviate flooding in the community and on Shore Drive. The project's proposed improvements will protect the project area from a 10-year design rainfall with elevated tidal tailwaters. The automated tide gate and elevation of roadways will protect the 120 acres in the 100-year floodplain from inundation up to the base flood elevation of 7.0 feet. Protecting this area mitigates the impact of flooding on 614 properties, 11 Repetitive Loss properties, and many facilities which are community lifelines. The Eastern Shore Drive Drainage (ESDD) Project is reflected as multiple capital projects within the City's Capital Improvement Program Budget. The $25.1 million in Federal funds will be applied in the following amounts to the following projects: Project# Project Amount 100167 ESDD Lynnhaven Colony Park Pump Station (Section 1 B) $ 5,361,022 100153 ESDD Cape Henry Canal Phase I I (Section 1 C) $ 7,514,158 100150 ESDD Lynnhaven Drive Pump Station (Section 1 D) $ 9,962,333 100538ESDD Elevate Lynnhaven Drive (Section 1 E) $ 2,306,501 Total--- - $25,144,014 ■ Considerations: The total project award from FEMA is $35,920,020. FEMA provides $25,144,014, and the City will provide a match of $10,776,006 through previously appropriated funds. The terms of the award include a requirement to complete construction within 3 years of award. ■ Public Information: On October 17, 2023 the City Council held a Public Hearing on this proposed amendment to the Capital Improvement Program as the award exceeds 1% of the Adopted FY 2023-24 Capital Improvement Program. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Project Detail Sheets (4) Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: 60 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,144,014 IN 2 FEDERAL REVENUE TO THE FY 2023-24 CAPITAL IMPROVEMENT 3 PROGRAM AMONGST FOUR EASTERN SHORE DRIVE DRAINAGE 4 IMPROVEMENT CAPITAL PROJECTS 5 6 WHEREAS, the City of Virginia Beach has been awarded funding from the Federal 7 Emergency Management Agency for a Building Resilient Infrastructure and Communities 8 grant; and 9 10 WHEREAS, funding for the local contribution is already appropriated in the Flood 11 Protection Program section of the Capital Improvement Program; 12 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA THAT: 14 1) $25,144,014 is hereby accepted from the Federal Emergency Management Agency 15 and appropriated, with federal revenues increased accordingly, to the following FY 16 2023-24 Capital Improvement Program projects in the following amounts: 17 18 A. $5,361,022 for project #100167 "Eastern Shore Drive Lynnhaven Colony 19 Park Pump Station;" 20 21 B. $7,514,158 for project #100153 "Eastern Shore Drive Cape Henry Canal 22 Phase II;" 23 24 C. $9,962,333 for project#100150"Eastern Shore Drive Lynnhaven Drive Pump 25 Station;" and 26 27 D. $2,306,501 for project #100538 "Eastern Shore Drive Elevate Lynnhaven 28 Drive." 29 30 2) The City Manager is hereby authorized to execute on behalf of the City all 31 necessary project agreements from project development and construction for this 32 grant. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a anagement Services Cit orney's Office CA16336 R-1 October 4, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100153 Title:Eastern Shore Drive Cape Henry Canal Phase II tatus:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 12,192,250 8,539,490 31652,760 Description This project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of utility and drainage improvements along Cape Henry Canal and adjacent side streets located to the north of Cape Henry Drive with Beech Street located to the east and Kleen Street to the west. Purpose and Need This project is interconnected with the Eastern Shore Drive—Lynnhaven Drive Pump Station project(CIP 100150)and the Eastern Shore Drive— Lynnhaven Colony Park Pump Station project(CIP 100167).The three projects work together to improve stormwater management within the Lynnhaven Colony neighborhood and relieve widespread flooding.Portions of Lynnhaven Colony are located in low-lying areas that flood during moderate to severe rainfall events and high tides.This facility is the main conveyance channel for the Lynnhaven Colony watershed and will provide the necessary hydraulic connections to the proposed Lynnhaven Colony Park Pump Station and Lynnhaven Colony Drive Pump Station. History and Current Status This project first appeared in the FY 2019-20 CIP and Is a breakout project of Eastern Shore Drive Drainage Phase I(CIP 100154).A Preliminary Engineering Report was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during moderate rainfall and tidal events. This project will construct Cape Henry Canal Phase 11 widening and deepening as well as relocating a gravity sanitary sewer trunkline from underneath the existing canal to Cape Henry Drive.Additionally,the widening and deepening project will now be combined with three other Eastern Shore Drive Drainage projects(100150,100167&100538)as part of a recent FEMA BRIC Grant identified for further award. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount Site Acquisition 12/21-02/24 100,000 Construction 02/24-04/27 10,892,250 ' te Contingencies 12/21-04/27 1,200,000 :N-_�E Total Budgetary Cost Estimate: 12,192,250 Park y S �100153 Means of Funding Subclass Amount ........... Local Funding 8,539,490 Total Funding: 8,539,490 FY 2023-24 to FY 2028-29 149 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100538 Itle:Eastern Shore Drive-Elevate Lynnhaven Drive tatus:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement strl7 g AiiiiiiiiIII� Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding I To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 3,950,000 3,600,000 350,000 Description This project is for design,property acquisition,and construction of roadway improvements and drainage Improvements along West Great Neck Road,Ebb Tide Road,and Lynnhaven Drive. Purpose and Need This project is interconnected with the Eastern Shore Drive-Lynnhaven Colony Park Pump Station project,the Eastern Shore Drive-Cape Henry Canal Phase II project and the Eastern Shore Drive-Lynnhaven Drive Pump Station project.These four projects work together to improve stormwater management within the Lynnhaven Colony neighborhood.Portions of Lynnhaven Colony are located in low lying areas that Flood during moderate to severe rain and high tides.By raising the ground elevation and connecting to the existing higher elevations(ridge lines)within the Lynnhaven Colony neighborhood,the low lying area located along Cape Henry Drive and Shore Drive will be protected from inundation via overland tidal flow up to elevation 7.0 feet. History and Current Status This project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage(ESDD)Phase I(CIP 100154).A Preliminary Engineering Report was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during moderate rainfall and tidal events.This project will now be combined with three other ESDD projects(100150,100153.002&100167)as part of a recent FEMA BRIC Grant identified for further award. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Design 11/22-02/24 400,000 '£ Site Acquisition 12/21-02/24 100,000 Construction 02/24-04/27 3,050,000 a Contingencies 11/22-04/27 400,000 ........... �w„ Total Budgetary Cost Estimate: 3,950,000 •100538 yr'" Means of Funding Subclass Amount Local Funding 3,600,000 Total Funding: 3,600,000 FY 2023-24 to FY 2028-29 151 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100167 ttle:Eastern Shore Drive Lynnhaven Colony Park Pump Station tat.,:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 15,520,000 1,700,000 13,820,000 Description This project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of a stormwater pump station in the south side of Lynnhaven Colony Park with Kleen Street located to the west,Cape Henry Trail to the south,and Starfish Road to the east. Purpose This project is interconnected with the Eastern Shore Drive-Cape Henry Canal Phase II project(CIP 100153)and the Eastern Shore Drive—Lynnhaven Drive Pump Station project(CIP 100150).The three projects work together to improve stormwater management within the Lynnhaven Colony neighborhood and relieve widespread flooding.Portions of Lynnhaven Colony are located in low-lying areas that flood during moderate to severe rain and high tides.This facility will pump stormwater out of upstream Cape Henry Canal before,during,and after moderate to severe rainstorm events. History and Current Status This project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage Phase I(CIP 100154).A Preliminary Engineering Report was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during moderate rainfall and tidal events.This project is being combined with three other Eastern Shore Drive projects(100150,100153,&100538)as part of a recent FEMA BRIC Grant identified for further award. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Construction 02/24-04/27 13,220,000 Contingencies 02/24-04/27 2,300,000 Total Budgetary Cost Estimate: 15,520,000 Means of Financing Funding Subclass Amount Local Funding 1,700,000 Total Funding: 1,700,000 + I FY 2023-24 to FY 2028-29 152 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100150 itle:Eastern Shore Drive Lynnhaven Drive Pump Station tatus:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:B Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Da I FY24 FY25 FY26 FY27 FY28 FY29 Future 14,970,000 9,500,000 -1 5,470,000 Description and Scope This project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of a stormwater pump station on the north side of Lynnhaven Drive between Cape Henry Canal to the east and West Great Neck Road to the west. Purpose and Need This project is interconnected with the Eastern Shore Drive-Cape Henry Canal Phase II project(CIP 100153)and the Eastern Shore Drive-Lynnhaven Colony Park Pump Station project(CIP 100167).The three projects work together to improve stormwater management within the Lynnhaven Colony neighborhood and relieve widespread flooding.Portions of Lynnhaven Colony are located in low-lying areas that flood during moderate to severe rain and high tides.This facility will provide protection of the eastern side by stopping tidewater from flooding the low-lying areas as well as pump stormwater out of upstream Cape Henry Canal before,during,and after moderate to severe rainstorm events. History and Current Status This project first appeared in the FY 2019-20 CIP and is a breakout project of Eastern Shore Drive Drainage Phase I(CIP 100154).A Preliminary Engineering Report was developed in 2017-18 and recommended these storm drain improvements to relieve street and residential structure flooding during moderate rainfall and tidal events.This project will now be combined with three other Eastern Shore Drive projects(100153,100167&100538)as part of a recent FEMA BRIC Grant identified for further award. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Ti —t Site Acquisition 12/21-02/24 3,500,000 Construction 02/24-04/27 10,170,000 e •��A MContingencies 12/21-04/27 1,300,000 Total Budgetary Cost Estimate: 14,970,000 7 •tootso •���. Means of �s; ^ Funding Subclass Amount R; < Local Funding 9,500,000 Total Funding: 9,500,000 ,o NCC `1� FY 2023-24 to FY 2028-29 153 Capital Improvement Program � PUBLIC HEARING ACOUIS(TION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 17, 2023 at 6.:00 p.m,in the Council Chamber of the City Hall Building(Building #1)at the Virginia Beach Municipal Center,Virginia Beach,Virginia,on the proposed acquisition by agreement or condemnation of property necessary for The Lakes- South London Bridge Creek Channels and Gate Project, CIP 100521 (the 'Project"). The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757385-4303;Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building #23,2473 North Landing Road,at the Virginia Beach Municipal Center,(757)3854161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: • Register for the WebEx at htt'JS:i/vog:,F.n�Dl,h., nl w blmk/register/rdb593ed9c6 7f4553b1ac91a39Oc1ba75 • Register with the City Clerk's Office by calling(757)385- 4303 or via email at ABarny,5 vb"gv--i prior to 5,00 p.m. on October 17, 2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,October 8,2023 f, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for The Lakes - South London Bridge Creek Channels and Gate Project, CIP 100521, either by agreement or condemnation PUBLIC HEARING DATE: October 17, 2023 MEETING DATE: November 14, 2023 ■ Background: The Lakes - South London Bridge Creek Channels and Gate Project, CIP 100521 (the "Project") is part of the Princess Anne Plaza, The Lakes, and Windsor Woods Flood Protection Program Master Project. The Project includes the design and construction of channels and a tide gate along The Lakes and Green Run canals and along London Bridge Creek, immediately south of and adjacent to the Lynnhaven Parkway crossing. The Project first appeared in the FY 2020 (FY 2019-20 CIP) and is a breakout project of CIP 100417, The Lakes Drainage Improvements. Preliminary engineering determined a gate and channels are required along the Lakes and Green Run canals and along London Bridge Creek immediately south of and adjacent to the Lynnhaven Parkway crossing to stop tidal flooding from the south and allow stormwater to flow out of The Lakes neighborhood. The Project will protect against flooding of streets and highways and public and private property in storm events. The Project is one of seven projects that will be designed and constructed under a single Design Build Contract. ■ Considerations: The Project will require property to be acquired from one commercial property and two residential properties. The commercial business will be displaced by the Project due to the elimination of road access. The business rents its property to tenant(s), and the tenant(s) who are being displaced will be relocated. The residential owners will not be displaced. Authority is requested to acquire the necessary property by agreement and/or condemnation. ■ Public Information: A Citizen's Information Meeting was held on December 7, 2022. A public hearing was held on October 17, 2023, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estatep` � City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE LAKES - SOUTH LONDON BRIDGE 4 CREEK CHANNELS AND GATE PROJECT, 5 CIP 100521, EITHER BY AGREEMENT OR 6 CONDEMNATION 7 s WHEREAS, The Lakes - South London Bridge Creek Channels and Gate Project, 9 CIP 100521 (the "Project") is part of the Princess Anne Plaza, The Lakes, and Windsor 10 Woods Flood Protection Program Master Project. The Project includes the design and 11 construction of channels and a tide gate along The Lakes and Green Run canals and along 12 London Bridge Creek immediately south of and adjacent to the Lynnhaven Parkway 13 crossing; 14 15 WHEREAS, the purpose of the South London Bridge Tide Gate is to block the 16 incoming (rising)tide along West Neck Creek from entering the Project area and filling up 17 the available storage with the drainage system (pipes, canals, and lakes). The existing 18 drainage system is old, undersized, and lacks the required storage, causing significant 19 flooding to surrounding streets, highways and public and private property in storm events. 20 By eliminating the influence of the tide prior to a storm event, storage capacity is created 21 within the drainage system. Storage capacity allows the stormwater to be more effectively 22 managed, which results in flood mitigation; 23 24 WHEREAS, the Project will require property to be acquired from one commercial 25 property and two residential properties. Authority is requested to acquire the necessary 26 property by agreement and/or condemnation; and 27 28 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 29 public necessity exists for the construction of this important Project to provide flood 30 protection to the surrounding area to address flooding of public streets and highways and 31 public and private property, for the preservation of the safety, health, peace, good order, 32 comfort and convenience and for the welfare of the people in the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 Section 1. That the City Council authorizes the acquisition by purchase or 38 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007 et seq., and 39 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 40 simple and entire tracts upon which such Project facilities shall be located, within the 41 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 42 amended (the"Property"), as shown on the plans entitled"THE LAKES—SOUTH LONDON 43 BRIDGE CREEK CHANNELS AND GATE, CIP 100521," and more particularly described 44 on the acquisition plats for the Project (plats and plans collectively referred to as the 45 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 46 City of Virginia Beach, Virginia. 47 48 Section 2. That the City Manager is hereby authorized to make or cause to be made 49 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 50 offer to the owners or persons having an interest in the Property. If refused, if the property 51 owners are unable to convey clear title, or if the owners cannot be identified or located, the 52 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 53 to condemn to acquire title to the Property. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 , 2023. CA 16244 R-1 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p042\00914786.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P"01-It'WORKSY11REAL ESTATE CITY A OR EY .fir: r y�' ���� ♦ S y�.a;t I'S"�� +•��., '"r 'r .'__ PARTIALYPROPERTY . ► �' FERN PARTIAL P,ROP,_ERTY.. , 4+ • " _TITION ACQUISI_ TION "�"+ ,- (3248 CREEKSIDE DRIVE) CREEKSIDE DRIVE) UAW Q� TOTAL�P ,R- C w 4 �' _ QUIS - ,�[/� (1092 LYNNHAVEN'PARKWAY) zs� . s r ` Legend GPIN Property Address Owner Zoning Q1496-01-8474 1092 Lynnhaven Parkway ZAR Properties LLC B2 1496-01-8474 1496-11-1463 3253Creekside Drive Jake Maines Al2 1496-11-1463 1496 11-2364 3248 Creekside Drive Ronald Jackson and Azab Jackson Al2 1496-11-2364 LOCATION MAP Property To Be Acquired 1496-01-8474 -28,544 Sq. Ft. THE LAKES SOUTH LONDON BRIDGE CREEK 4' Property To Be Acquired 1496-11-1463-9,179 Sq. Ft. CHANNELS AND GATE PROJECT Property To Be Acquired 1496-11-2364 -4,553 Sq. Ft. - CIP: 100521Feet City Property 0 30 60 120 Prepared by P.W./Enq./Enq.Support Services Bureau 08/31/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\The Lakes South London Bridge Creek\The Lakes South London Bridge Creek Aerial.mxc PARTIAL PROPERTY PARTIAL PROPERTY ACQUISITION ACQUISITION (3248 CREEKSIDE DRIVE) (3253 CREEKSIDE DRIVE) S o � � o TE NECK R • / TOTAL PROPERTY ACQUISITION (1092 LYNNHAVEN PARKWAY) s Legend GPIN Property Address Owner Zoning 1496-01-8474 1092 Lynnhaven Parkway ZAR Properties LLC B2 1496-01-8474 1496-11-1463 3253 Creekside Drive Jake Maines Al2 Q1496-11-1463 1496-11-2364 3248 Creekside Drive Ronald Jackson and Azab Jackson Al2 Q 1496-11-2364 LOCATION MAP Property To Be Acquired 1496-01-8474 -28,544 Sq. Ft. THE LAKES SOUTH LONDON BRIDGE CREEK �• Property To Be Acquired 1496-11-1463-9,179 Sq. Ft. CHANNELS AND GATE PROJECT Property To Be Acquired 1496-11-2364 -4,553 Sq. Ft. CIP: 100521Feet City Property - 0 30 60 120 Prepared by P.W./Enq./Enq.Support Services Bureau 08/31/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\The Lakes South London Bridge Creek\The Lakes South London Bridge Creek.mxc h PUBLIC HEARING ACQUISMON,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 17, 2023 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building #1)atthe Virginia Beach Municipal Center,Virginia Beach,Virginia,on the proposed acquisition, by agreement or condemnation, of easements necessary for the Kemps Lake Water Quality Improvement Project,CIP 100567 (the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for the Project. If you are physically disabled or f visually Impaired and need assistance at this meeting.please call the CITY CLERK'S OFFICE at 757385-4303;Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building #23,2473 North Landing Road,at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: • Register for the WebEx at https:/,/vbPov.webex.com/we b I m k/re gi ste r/rd b593ed 9c6 71`4553blac91a390c1ba75 • Register with the City Clerk's Office by calling(757) 385- 4303 or via email at AB�rme.4_v_beQv con_, prior to 5:00 p.m. on October 17, 2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,October 8,2023 t p ^�Si1 ig CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of easements for the Kemps Lake Water Quality Improvement Project, CIP 100567, either by agreement or condemnation PUBLIC HEARING DATE: October 17, 2023 MEETING DATE: November 14, 2023 ■ Background: The Kemps Lake Water Quality Improvement Project, CIP 100567 (the "Project") is a stormwater quality project for the design and construction of water quality improvements to Kemps Lake (the "Lake"), a former borrow pit. These improvements will reduce nutrients, sediment, and bacteria from stormwater that flows into the Lake and discharges into the Elizabeth River and the Chesapeake Bay. Project construction includes the installation of sheet piling to establish pond forebays and wetland cells in the Lake, aeration and shoreline stabilization to meet retrofit design criteria required to treat the watershed. In addition to complying with retrofit design requirements, the Project has been designed to meet the current Public Works Design Standard Manual. The Virginia Department of Environmental Quality Stormwater Local Assistance Fund has awarded $7.2 million to the City based on the City's proposed plans. In addition to drainage easements for the Project improvements, to ensure the Lake functions properly beyond construction completion, permanent easements are necessary to access the pond forebays and wetland cells for inspection and maintenance. Considerations: Several easements from private property owners were needed for this Project. All property interests have been acquired, except for one owner. The easements still to be acquired for the Project are on a property that is the subject of a site plan submittal currently in the Planning Department. The submitted plan is for a new building, a small portion of which appears to conflict with the Project needs. The City and the property owner's representatives are communicating about this conflict. Additional property interests may be required from property owned by the Commonwealth, and a separate action will come before City Council to request VDOT to transfer these interests to the City if needed. ■ Public Information: A Citizen's Information Meeting was held on August 2, 2023. A public hearing was held on October 17, 2023, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project and risk the State funding opportunity. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting De pa t/Agency: Public Works/Real Estate . City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF EASEMENTS FOR THE 3 KEMPS LAKE WATER QUALITY 4 IMPROVEMENT PROJECT, CIP 100567, 5 EITHER BY AGREEMENT OR 6 CONDEMNATION 7 s WHEREAS, the Kemps Lake Water Quality Improvement Project, CIP 100567 (the 9 "Project") is a stormwater quality project for the design and construction of water quality 10 improvements to Kemps Lake (the "Lake"), a former borrow pit that handles stormwater 11 drainage for the surrounding area; 12 13 WHEREAS, these improvements will reduce nutrients, sediment, and bacteria from 14 stormwater that discharges from the Lake into the Elizabeth River and the Chesapeake 15 Bay; 16 17 WHEREAS, the Project includes the installation of sheet piling within the Lake to 18 establish pond forebays and wetland cells in the Lake as well as aeration and shoreline 19 stabilization to meet retrofit design criteria required to treat the watershed; 20 21 WHEREAS, the acquisition of permanent easements will allow construction of the 22 Project and ongoing maintenance of the Project improvements and the Lake; and 23 24 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 25 public necessity exists for the construction of this important drainage Project; to provide 26 improvement to the water quality in the Lake and to the surrounding area, and for the 27 preservation of the safety, health, peace, good order, comfort and convenience and for the 28 welfare of the people in the City of Virginia Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 Section 1. That the City Council authorizes the acquisition by purchase or 34 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 35 Code of Virginia of 1950, as amended, of all those certain easements (the "Property"), as 36 shown on the Project plans entitled "KEMPS LAKE WATER QUALITY IMPROVEMENT 37 PROJECT CIP# 100567" dated March 3, 2023, and more particularly described on the 38 acquisition plats for the Project(plats and plans collectively referred to as the "Plans"), the 39 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 40 Beach, Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in the Property. If refused, if the 45 property owners are unable to convey clear title, or if the owners cannot be identified or 46 located, the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 47 proceedings to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 50 , 2023. CA16242 R-1 09/06/2023 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d011\p044\00911538.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICI CY AND FORM P B IC WO KS/REAL ESTATE CITY A OR Y .�Ell. Project Area CIP:MIR LOCATION MAP 0 LAKE WATER QUALIT Legend RETROFIT PROJECT #100567 Feet City Property .■ . ■� ® . RON 0 1 111 BARROWyST ., ft.rr. ___�. �� •'� G` � "�� •° "` � t' `SOUTHERN BL' s yy v bw Z� t J j� M LLJ F. MN t E � pl'„�� ,, - '�.�a� 4-;, .'y�:►, Aq, + ��o. �l'•', MEVro, �,. �� +5a- �- t 0 "N S�� �• 1 ',: /• O �la9� I �I II,/ j,���,ILJMO a /••p 'SO- Sk ` �� a • _ r i^ M-y 'm ' tJ, ``�, '"Y'� • " g �/�'�• yyl ' ��°/�,,,� J �f� t.`�,�.-+• .�Jt �+�*�Za1wr 'i, t^ '� � Y y h ,.�,�i+t �- (n �r.. raj m.•�,� o N` g�R m rn,� U T ' ', ; : ' +"�°� ••,:� , -'. .k± .., o �, LOCATION MAP F_ A �I(i _ > - KEMPS LAKE WATER QUALITY .'� .° '�,� i lit r�. < ;*y y'; ` � ►'!a `�R,err co Legend -, :. .��+ ` 1 ' ty ►� _ � RETROFIT PROJECT 70 CIP: #100567 Project Area — , a7"• , =f,,Z7 � : l!LYN ,� j �� �� -� �ti - -.� � _ ,� � A .r� „••' � Feet City Property d'� 1 # � �,� �� . •,,,..i�;� q �f. , 0 250 500 1,000 Prepared by P.W./Enq./Enq.Support Services Bureau 09/11/2023 X:\CADD\Projects\ARC Files AGENDA MAP S\1467-63-5850\1467-63-5850 Aerial.mxc .C....... " ` PUBLIC HEARIN DEDICATION OF EIkSEMENT The Virginia Beach City Council will hold a PUBUC HEARING on the dedication of an easement on City- owned property at its formal session on Tuesday,October 17, 2023 at 6:00 p.m.in the Council Chamber of the City Hall Building (Building Nl)at the Virginia Beach Municipal Center, 2401 Courthouse Drive,Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input on the dedication of the following easement to Virginia Electric and Power Company (d/b/a Dominion Energy Virginia): A 15'wide easement along the side and rear of City-owned property located at Upton Drive /Nimmo Parkway(GPIN:2414- 46-0549) for the purpose of installing and maintaining underground facilities that provide electric service to adjacent parcels. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OMCE at 385-4303;Hearing Impaired,call 1-800-828-11W(Virginia Relay- Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate, 2473 N. Landing Road, Building 23,at the Virginia Beach Municipal Center. The Real Estate Office telephone number is(757) 385-4161. If you wish to make comments virtually during the public hearing, please follow the twos"process provided below: • Register for the WebEx at: g v.w x •••�rdh5c-. • Register with the City Clerk's Office by calling(757)385- 4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on October 17, 2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,October 8,2023 z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Dedication of an 8,798 sq. ft. (0.202 acre) Utility Easement to Dominion Energy Virginia over City-Owned Property located at Upton Drive / Nimmo Parkway (GPIN: 2414-46-0549) PUBLIC MEETING: October 17, 2023 MEETING DATE: November 14, 2023 ■ Background: The City of Virginia Beach (the "City") owns an approximately 1.68+/- acre parcel of land located on Upton Drive, near the intersection of Nimmo Parkway (GPIN: 2414-46-0549) (the "Property"). The Property is the residual portion of a larger parcel the City acquired by condemnation in 1985 from Lakeside Construction Corporation for the Transportation Safety Improvement Project (CIP 2-024). The majority of the parcel condemned was used to construct the road project, which the project is complete. The Property that remains is undeveloped and lies between a parcel to the north that the City conveyed to Hospice House of Hampton Roads ("HH Parcel") and a shopping center to the south ("Shopping Center Parcel"). On December 13, 2022, by Ordinance ORD-3717, the City declared the HH Parcel to be in excess of the City's needs and authorized the conveyance of the HH Parcel to Hospice House of Hampton Roads to construct and operate an approximately 12,000 sq. ft., 12-bed hospice care facility ("Facility"). In order to provide electrical service to the Facility, Virginia Electric and Power Company d/b/a Dominion Energy Virginia ("Dominion Energy") is requesting that the City grant an 8,798 sq. ft. (0.202) electrical utility easement (the "Easement") over the side and rear of the Property to lay underground conduits and cables to connect to the Facility. The Easement will also allow Dominion Energy to underground electrical facilities that provide electric service to the Shopping Center Parcel as part of Dominion Energy's undergrounding program to reduce power outages during storms. ■ Considerations: The Easement will provide electrical service to the Facility owned and operated by Hospice House. The Property was acquired by condemnation and will require the affirmative vote of at least three-fourths of the members of City Council. ■ Public Information: A public hearing will be held on October 17, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by City Council. ■ Recommendations: Approve the request. ■ Attachments: Ordinance, Exhibit A, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: /V 1 2 AN ORDINANCE AUTHORIZING THE 3 DEDICATION OF AN 8,798 SQ. FT. 4 (0.202 ACRE) UTILITY EASEMENT TO 5 DOMINION ENERGY VIRGINIA OVER 6 CITY-OWNED PROPERTY LOCATED AT 7 UPTON DRIVE / NIMMO PARKWAY 8 (GPIN: 2414-46-0549) 9 10 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 11 located at Upton Drive, near the intersection of Nimmo Parkway(GPIN: 2414-46-0549)(the 12 "Property"); 13 14 WHEREAS, the Property was acquired as part of a larger parcel in 1985 as 15 part of the Transportation Safety Improvement Project, CIP 2-024, which the project is 16 completed; 17 18 WHEREAS, the residual 1.68+/- acres of the Property remains undeveloped 19 and lies between a shopping center to the south and a parcel the City conveyed to Hospice 20 House of Hampton Roads ("Hospice House") to the north ("HH Parcel"); 21 22 WHEREAS, Hospice House is in the process of constructing a 12-bed 23 hospice care facility on the HH Parcel and Virginia Electric and Power Company d/b/a 24 Dominion Energy Virginia ("Dominion Energy") has requested that the City dedicate an 25 8,798 sq. ft. utility easement over a portion of the Property, as shown on Exhibit A attached 26 hereto (the "Easement") to provide electrical service to the hospice care facility; and 27 28 WHEREAS, the Easement would allow Dominion Energy to install and 29 maintain underground electrical facilities that provide electrical service to the HH Parcel and 30 the shopping center. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 33 THE CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute any documents 36 necessary to dedicate the Easement to Dominion Energy over the Property, as shown on 37 the plat attached hereto as Exhibit A, and made a part hereof, and such other terms, 38 conditions and modifications as may be acceptable to the City Manager and in a form 39 deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 42 day of 2023. Requires an affirmative vote by three-fourths (314) of all members of City Council. CA16246 R-1 Prepared: 10/6/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE CITY NE 0 LINE TABLE e LINE BEARING LENGTHid'L1 N 22.38.48-E 15.00, = EXHIBIT A X>LZ S67.21'36'E 15.12'L3 S 10'4538-E 19.12' / L4 S 10'45 38-E 1B.o6• UPTON ADRIVE VARIABLE WIDTHDTH RNV (M.B.302,P.56-57) S (M.B.304,P.78-79)(D.B.2466,P.1258.1260) INSTR.#202107000121 N 3dd6.415.953 N 3.446,796.981 E 12 213 858.550 E 12 214 017.520 PIN FOUND STORK MAN IN IN CONCRETE FOUND 2C C!G CAT01 BASN S 22'3T O6"W PIN(FOUND) 175.2T O� of 16'To 29'FgAMMES N 22'38'49"E I I 412.86 20'PRNATE UTILITY I EASEMENT S PLT_202107000217 VICINITY MAP R=35.00' o� NOW OR FORMERLY 1^=1ao0• ARc=s4.7o' L CITY OF VIRGINIA BEACH I II ia�� D.B.2466,P.1258 8 1259 I IN 9_ 15•DOMINION ENERGY O M.B.279,P.92 j I I 1+m O VIRGINIA EASEMENT $ N" GRIN 241/46 OS/9 I I I �4 TO BE ACQUIRED 1 �a 22'SSF,£ �(1 rn ZA j I y 1' m DRAINAGE ACCESS ANVARIABLE WIDTH iD QP415Sa p21O^ O I MAINTENANCE EASEMENT N NOW OR FORMERLY NOW OR FORMERLY $ I I INSTR.#202207000217 ^ RED MILL OUTPARCELS,LLC 15'DOMINION ENERGY I I HOSPICE HOUSE OF d INSTR. •20190528000426980 © VIRGINIA EASEMENT /� I I N 19'50'46- 122.95 NT/2/6/�]2/S//5�/EJ/'773.03' :� HAMPTON ROADS N PARCEL 4 TO BE ACQUIRED 176 ��i.Gf r-'T!l.J b.l L •, INSTR.A 200403260048222-PLflT u INSTR.MPTO202303OAD /TT�/T I m1229 }0) GRIN-241d 460206 E w + E � I S1�'9.rp W 120.44' S26.26.55-W 73.16, --- INSTR. 0202207000217 /r GRIN-2414 47 2012 O .N- pi N7.1g 1y 132.74' a w a © Q v `� 65' Sr 18 __����LPB 1 I 113.74' S 28'26'S5'W-73.51' FIFOUND �• I 519'SO'46'W Z IyNN 3 •y Nd �� 12189 15 W Sr 15 VARIABLE WIDTH PUBLIC ' SOS' IMPOUNDMENT,DRAINAGE,ACCESS /9AO '�� / AND MAINTENANCE EASEMENT _ INSTR.0202207000217 3 SAO� e0 p �6 �(' loth �$�+ �WZ� �m T �O j=2 WZW m'" WSW W.'+i „ WQ WWI vrWO Om mvr m°N°PI $1 0. 2¢Zp^om� fV0_Zmm�S ��g§ 9 fm WMn+g 1Q QR®�� 3!8�ZZz O $ Qm$ mWl- $0 KJ Uoa a _(FOUNDl u Zoen� OVJJ ��u� O Ur o as O y ae O} o:gas2 °iorvzOo ��Q2 � SopO�> riOUOUrf'r;?'� ioCx�Ni OD= xJNii�Niz � z a 6 a z Z :gz N � Z p J N :0 ao m a MONUMENTLEGEND O� m O O f OQ OW O V, f(7U W ZW a W 0 PIN(F)-IRON ROD FOUND NOTES H W— Q O •PIN(P)-IRON ROD PLACED (L 1. THE HORIZONTAL DATUM FOR THIS PLAT IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM,SOUTH ZONE.NORTH AMERICAN DATUM 1983/1993 HARN,(U.S. SURVEY FOOT).CITY OF VIRGINIA BEACH SURVEY CONTROL DISK 2414-2 WAS USED TO ESTABLISH COORDINATES FOR THIS PROJECT. AREA TABLE DOMINION ENERGY VIRGINIA 2. THE PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT CONSTITUTE A PARCEL SQUARE FEET ACRES EASEMENT RIGHT-OF-WAY DATA PLAT SHOWING SUBDIVISION OF LAND. PARCEL X 71,E F CRE PROPOSED R/W PLAT: 25-23-0068 EASEMENT TO BE ACQUIRED 3. THE PROPERTY LINES AND AREAS SHOWN ON THIS PUT ARE BASED UPON AN ACTUAL 15'DOMINION ENERGY WORK REQUEST 010578741 FOR FIELD SURVEY BY TEAM FISHEL AND FROM PLATS AND DEEDS OF RECORD. VIRGINIA EASEMENT TO BE ACQUIRED 8,798 F GRID: N1112 DOMINION ENERGY VIRGINIA 4. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. UNDERGROUND EASEMENT FROM 5. EASEMENT TO BE ACQUIRED BY DEED. THE CITY OF VIRGINIA BEACH DENOTES 15'DOMINION ENERGY VIRGINIA SCALE:1"VIRGINIA BEACH,=40' AUGUST UGUSTA 9.2023 EASEMENT TO BE ACQUIRED DIRECTOR'S DISCLAIMER AND SIGNATURE LINE 0' 40' 80, 120' BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY,STREETS OR OTHER LINES SHOWN ON THIS PLAT.EXISTING PUBLIC RIGHT-OF-WAY,EASEMENTS OR OTHER PUBUC INTERESTS NOT SHOWN ON THE FISHEL COMPANY THIS PLAT REMAIN IN EFFECT AND ARE NOT TERMINATED OR EXTINGUISHED BY OMMISSION FROM THIS PLAT. DOING BUSINESS AS TEAM FISHEL 533 BYRON STREET,CHESAPEAKE,VIRGINIA 23320 APPROVED: DATE: SIGNED: DATE: SUITE C (757)547-1891 DIRECTOR OF PUBLIC WORKS.CITY OF VIRGINIA BEACH CITY SURVEYOR,CITY OF VIRGINIA BEACH etreynolda@teamfiehel.com lqk W.O.10579741 �O"V,otie W E 2 / S Nimmo PW J ^ / / S/TE PROPOSED 15' DOMINION EASEMENT �y/rFs' / �O 20' PUBLIC 71 `�rr Q �NF ;� J DRAINAGE I 1 1 EASEMENT 1 1 1 VARIABLE WIDTH 1 1 I PUBLIC IMPOUNDMENT, DRAINAGE�ACCESS,AND 1 MAINTENANCE EASEMENT VARIABLE WIDTH PROPOSED 15 1 PUBLIC DRAINAGE, DOMINION EASEMENT 1 ACCESS,AND MAINTENANCE 1' EASEMENT kMMO p LOCATION MAP k�, EXCESS CITY PROPERTY Legend 15' DOMINION EASEMENT 2414-46-0549 G P I N:2414-46-0549 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 08/10/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2414-46-0549/2414-46-0549.mxc Disclosure Statement W City of Virginia Bcvdi 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 Virginia Electric and Power Company dba Dominion Energy -Virginia Does the applicant have a representative? ❑■ Yes ❑ No • If yes, list the name of the representative. Christina Schneider Dominion Designer Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ NO • If yes, list the names of all officers,directors, members,trustees, etc. below. (Attach a list if necessary) See attached • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA '"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 1 P a g e Disclosure Statement W City of l'iryinia Beach Planning & Community ° = Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement Am City of ViiVinio Band+ Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the company and individual 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 M No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 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 /_-_ c.,hr4- SchAec der Print Name and Title Christina Schneider Customer Projects Designer Date 1/24/2023 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 ONLY/ that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement VB City of Virginia Bead Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 1 P a g e Disclosure Statement City of Virginia Bmdi Planning & Community , Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia 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 M 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. 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 5 1 P a g e Disclosure Statement W City of Virginia Beach Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ 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 1 P a g e Disclosure Statement W City of Viryinia Bcnch Planning & Community -- Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a g e Virginia Electric and Power Company Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Chapman, James R. Executive Vice President, Chief Financial Officer and Treasurer Reid, Carter M. Executive Vice President, Chief of Staff and Corporate Secretary Arnett, Corynne S. Senior Vice President - Regulatory Affairs and Customer Experience Bischof, Gerald T. Senior Vice President - Nuclear Operations & Fleet Performance Brown, Carlos M. Senior Vice President, General Counsel and Chief Compliance Officer Cardiff, Michele L. Senior Vice President, Controller and Chief Accounting Officer Curtis, Katheryn B. Senior Vice President - Generation Frederick, Michael D. Senior Vice President - Administrative Services Mitchell, Mark D. Senior Vice President - Project Construction Murray, William L. Senior Vice President - Corporate Affairs & Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President - Power Delivery Avram, Emil G. Vice President - Business Development Bassey, Utibe O. Vice President - Customer Experience Bennett, Joshua J. Vice President - Offshore Wind Name Title Curtis, J. Kevin Vice President - Transmission j Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President - Distribution Operations Purohit, Prabir Vice President - Finance Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W, Vice President - System Operations i Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction i Tornabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President - Shared Services Windle, Keith Vice President - Financial Management Woomer, Joseph A. Vice President - Grid & Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President - Surry Power Station Mladen, Fred Site Vice President - North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza" J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary J. PUBLIC COMMENTS 1. EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) 2. 2024 DRAFT LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Byrne JAG Grant Funds for Law Enforcement Purposes MEETING DATE: October 17, 2023 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the United States Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City is for a Community Criminal Justice Board, comprised of City representatives from Police, the Sheriff, the Courts, and Community Corrections and Pre-Trial Services to agree upon the best use of these funds prior to the City's application to the DOJ. This board met in person on July 13, 2023, to consider spending proposals and determine distribution of funds anticipated to be received from the federal Fiscal Year 2022 edition of this grant. The City needs to take action on this item prior to November 3rd. Therefore, the public comment and requested action are both scheduled for October 17. ■ Considerations: The total award for this grant is $72,122. No local match is required. The Virginia Beach Community Criminal Justice Board recommends that the funds be used as follows: • $9,500 to the Police Department, K-9 Corps, to purchase one canine for Community Policing activities; • $5,000 to the Police to the Police Department, Youth Services for gun locks; • $37,122 to the Police Department, Mounted Patrol Unit, to purchase an equine be used for Community Policing activities, and for training and health & safety equipment; ■ $10,500 to the Police Department, SWAT, for an under-the-door camera; and • $10,000 to Juvenile Domestic Relations Court for contracted manpower to assist with backlog of case entry and expungements. ■ Public Information: Normal City Council Agenda process. This grant requires a public comment opportunity, which will occur at the October 17, 2023, Formal Session. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: y. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 foregoing uses of federal funds at its October 17, 2023, Formal Session,- 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 1. $72,122 is hereby accepted from the United States Department of Justice, 12 through the federal Fiscal Year 2022 Edward Byrne Justice Assistance Grant, 13 and appropriated, with federal revenue increased accordingly, to the following 14 departments, in the following amounts, and for the following purposes in their 15 Fiscal Year 2023-24 Operating Budgets: 16 17 a. $10,000 to the Virginia Beach Juvenile Domestic Relations Court for 18 contracted manpower 19 20 b. $62,122 to the Police Department for the purchase of law enforcement 21 equipment for the SWAT, Mounted, K-9, and Youth Services Units; 22 23 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, 24 is hereby authorized to execute, on behalf of the City of Virginia Beach, all 25 necessary agreements, certifications, and assurances as instructed and 26 required by the United States Department of Justice. 27 28 3. The replacement of the above items purchased with these grant funds is 29 conditioned upon the receipt of future grant funds. 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 a Management Services ttorney's Office CA16333 R-1 October 4, 2023 C I T Y Q, F V I R G I N I A B E A C H V I R G I i . � ... . .s —. .i . . .. — at t(ad Y it 4. . r I ►.'► - r- L ■■■ ■■■ _ -- --- -_ ■ _ _ ■■■ ■■■ -- - __- -s_ mom _ i _ ■ .urn� - - ■■■ ■■■ - - E = - -- - � ■ �a r _ ■■■ ■■■ - ME = t = N 3 ■JI w� n�� mim _ - �A■ -_ 3 _ _tile Table of Contents 2023 VIRGINIA BEACH CITY COUNCIL..........................................................................................................3 CITYCHARTER AMENDMENTS.....................................................................................................................4 Ten Single-Member Election System Adopted by City Council...........................................................................4 BoardOf Equalization Membership........................................................................................................................8 VIRGINIACODE AMENDMENTS.................................................................................................................10 Amend Code to Reflect Election System Adopted by Council.......................................................................10 „Good Friday„ First Responders Fund...................................................................................................................12 Photo Speed Monitoring Devices on Local Highways.................................................................................13 Photo Speed Monitoring and Failure of Recipient to Respond.........................................................................14 Opioid and Fentanyl Awareness Education................................................................................................16 Local Taxing Authority for Vaping and E-Cigarette Products.......................................................................17 Establish the Virginia Creative Economy Grant Fund and Program............................................................18 Obstruction of Right-of-Way Violations...............................................................................................................20 STATEBUDGET REQUESTS.........................................................................................................................21 Augment Localities for 100% Disabled Veteran Tax Exemption.......................................................................21 5/31 Memorial.........................................................................................................................................................22 StormwaterOperations Center.............................................................................................................................23 Virginia Aquarium &Marine Science Center Renovation/Expansion.........................................................24 POLICYSTATEMENTS.................................................................................................................................25 Short-Term Rentals.....................................................................................................................................25 2 u _Y 2023 VIRGINIA BEACH CITY COUNCIL Robert M. "Bobby" Dyer Mayor, At-Large Rosemary Wilson Vice-Mayor, District 5 (VACANT) District 1 Barbara Henley District 2 Michael Berlucchi District 3 Dr. Amelia Ross-Hammond District 4 Robert W. "Worth" Remick District 6 Sabrina D. Wooten District 7 Chris Taylor District 8 Joashua F. "Joash" Schulman District 9 Jennifer V. Rouse District 10 3 � AL ` CHARTER AMENDMENT E DMENT Ten Single-Member Election System Adopted by City Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single-member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 8 1% support for a 10:1 system. On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This ordinance uses the same 10-1 system and district boundaries that were previously ordered by the District Court. Additionally, the decennial redistricting ordinance uses the same schedule of elections that was recommended by the Special Master. It is desirable for the City Charter to reflect the decennial redistricting ordinance, and this request does that. 4 Request: City Council requests that the General Assembly amend the City Charter to adopt the ten single-member district system used in the 2022 elections and adopted by the City Council in its decennial redistricting ordinance. PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven esidenee districts of approximately equal population which shall be numbered one through ten sue. The council shall consist of eleven members, the mayor elected at large and including the mayor-, one member to be elected by and from each of the ten single-member election districts. the &y at large ftem the residents of each of the seven distrial ..,be an the .�, f to lea elected by .,.,,-1 f the eity at 1. fge llll.11l Vl.1J 11111A the 1 , B. The boundaries andof such districts shall be established by ordinance on 8 before Mfeh 'z1�6, ands the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. C. The eity eetmei4 shall, na later-than januafy 1, 1996, petition the eifeuit eourt to orde ,dy of .,,1,,f to be held the do f whether-the 1 1, u.a u...,a..va�� a�.a�.a�.ala.a aalll �v V�. 11 G2'iCL�TrCIII�AC�CI�'1T-VI�PIICCIIITCT2\.C�TC12CI1 TI2G2I2L7Celeeted 47em eaeh district shall be elected by the qualified votei:s of that distl:iet f:athe than at large. The weFding of the question shall be deteFfnined by MajOr-ity Vote of the city c 6 and shag be included :n the petition. Upon the film, of the petition, the .....� ..v.,.l l..11 ullu Jaluu v�. ulu uua.0 u , ear-....it .,v ult Jlluu vl uel that an advisefy r-efefenduffi be held on the question in the ul the municipal ld , Sec. 3.01:1. Implementation of districts. A. At the November 2024 May-'�general election, the thfee-members representing district 1, district 3, district 5, district 7, and the mayor shall be elected_by the e ty at lafge f;-,,,�., the residents of the Blaeky,atef, Pr:n`ess Anne, and�7ifg R 1, b 1, lb.. ..�.... ul�. aa.Jlu�,llw vl 1.Zlc. , , as s-ueh bet:eughs-existed en afiti n 1, 1995. The terms of the members so elected shall commence January 1, 2025, and expire on December 31, 2028. jul 1 1998 The terms of the r and council mbe 1 t .7 b, .a f' the t t 1 M f 1996 -- ---- may of .........�....��. ........�.. .�) ....... ...�... �..� city u lbw ul i.iu��1� shall expife en ittly 1, 20049, 5 B. At the November 2026 general election, in May of 1°OQ, the members representing district 2, district 4, district 6, district 8, district 9 and district 10 shall be elected,at and the membefs eleeted at large from distriets numbef:ed fouf through seven shall be eleeted fef to,-ns of fur-yeaf:s. The terms of the members so elected shall commence January 1, 2027, and expire on December 31 2030. tov;Tc^ ^-i'members elected by and from the ci���I�r�of 1998�z'Tall e-xp4e-on juiy 1, 7002. They-eaftcr C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. Ptir-suant to an or4inanEe adopted by city eoun64 on Tune 27 2006-, City council elections shall take place during November general elections. duff g the gefle..,l electi �r ......---.,.._ 2009, and --.,._.::b the November gcirci-isrczcccro.r-m-c-vcn years Ttrrezc-caftcr-rvr eeunei4 .v, . ber-s ..,here ter-f s exp4e .,t the end of Pe e b ef: of that G 1 members, inel r the mayef, ;A,hese-tefms expire-as of jun. 3�Q8, or-jun 3�0 shall continue in effiee un64 the—* have been elected at the NovembeF electie.n. and take effice on january 1. The term of E)ffiee fef each counei4member shall commence on january 1 next fellowing the date ef eleetien and shall eentinHe Hn64 his sUCcesSEW has been duly ele toa and qualified. Each candidate shall state, at the time of filing, whether he is running at large, from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run for-ene ef tl-e—at-large seats. A candidate running for mayor shall not run for any other seat. In the event any councilman member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilman's member's intention to run for mayor, shall require no formal acceptance by the remaining councils members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31 shall constitute the mayor's intention to run for one of the single-member election districts shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered 6 The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. , (a) in the event that an), eouneA member from efie of the residence distf:k4s shaI4 deeide duringhis ter-fn of e ffi,e to be a candidate F an at 1 seat, the eeunei4 member- h 11 tendef his F a eeunei4 member-net less than 19 days pnef to the date fe.r- the filing ef eqt4ed by general law. Suehsignatien shall be-effective-aH PeeembRr 31, shall eanstitute the eeunei4intention to Fun f the at 1aFge seat, shall requife no formal acceptance by the . . - )tincil members, and shall be final and ifreyeeable when tendiT d he tinem}*4 peftien efthe t f-fn of any eounei4 member-whe has resigned to Fun fef an at laf:ge seat shall be fi4led at the safnem general election, r h e 1 1 etie f the t laf:ge t ' t!. be filled b, l general �. .�j special czccrr e1eet; vrr. (b) in the event that any ceunci4 membeF from one of the at large seats shah decide dur-in shall tender-his resignation as a couneil member- et less the 10 daysprior-t the date for-the fAing of petitions as r-eqti4ed by general law. Stieh resignation shaI4 be efleetive on Pecembet: 3 1, shall constitute the ceunci4 member's intention to Fun for-the i:esidence distf:ict seat, shall requ4e no formal aceeptance by the remaining eeun64 Fnember-.rand shall be final andiffeveEable when tendered The tinexp4cdp8F6E) rvi the tef f a ,,eu ;i ,n, ,v.b.e „he h. resigned to f+iiif ,1enee ,a t '.,t sea cent :s to he filled b„ special eleetie n. CHARTER AMEND MENT Board Of Equalization Membership Background: The City Charter establishes the City's Board of Equalization(the "BOE"). The BOE is one of three possible routes of appeal when a taxpayer believes his or her real estate assessment is erroneous. The BOE sits in quasi-judicial capacity hearing such appeals, and any decision of the BOE can be appealed to the circuit court. At the request of a previous BOE chair, the City Council made a request to amend the City Charter to expand the membership of the BOE from three to four in its 2022 Legislative Agenda. Recently, there has been a change in the membership of the BOE, and the current BOE has experienced more deadlocked votes. Request: The City Council requests that the General Assembly amend the City Charter to increase the membership of the City of Virginia Beach Board of Equalization from four members to five members and add an alternate. 8 PROPOSED CHARTER UPDATE § 8.07. Annual assessment of real estate. The council may, in lieu of annual, biennial or triennial assessment, reassessment and equalization of the methods prescribed by general law, provide by ordinance for the assessments of real estate for local taxation and to that end may appoint one or more persons as assessors to assess or reassess for taxation the real estate within the city. Such assessors shall make assessments and reassessments on the same basis as real estate is required to be assessed under the provisions of general law and as of the first day of July of each year in which such assessment, reassessment and equalization of assessments is made, shall have the same authority as the assessors appointed under the provisions of general law and shall be charged with duties similar to those thereby imposed upon such assessors. The judges of the circuit court shall annually appoint a board of equalization of real estate assessments to be composed of few five members and one alternate who shall be freeholders of the city. Such board of equalization shall have and may exercise the powers to revise, correct and amend any assessment of real estate and to that end shall have all powers conferred upon boards of equalization by general law. The provisions of general law notwithstanding, the board of equalization may adopt any regulations providing for the oral presentation, with formal petitions or other pleadings of requests for review, and looking to the further facilitation and simplification of proceeding before the board. This section shall not apply to assessment of any real estate assessable by the State Corporation Commission. 9 i VIRGINIA CODE AMENDMENT Amend Code to Reflect Election System Adopted by Council Background: The United States District Court for the Eastern District of Virginia ("the District Court") previously ruled that the city's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 81% support for a 10:1 system. Request: Because a change to a locality's Charter requires a two-thirds vote of the General Assembly and a general law change to the Virginia Code requires a majority of the members of the General Assembly, the City Council requests that a dual track be taken to updating the City's election system to better ensure that a proper update is made ahead of the 2024 election cycle. The City Council requests that section § 15.2-1400 of the Code of Virginia be 10 amended, with language to supersede a local charter, to reflect the City's ten single-member district system. Proposed language for § 15.2-1400 of the Code of Virginia G. Notwithstanding any other provision of law,general or special, the governing body of a locality that has been subject to a court order imposing a remedial election system under either the Voting Rights Act of 1965 or Virginia Rights of Voters Act, Va. Code§§24.2-125, et. seq, even ifsuch order is later vacated, may adopt an ordinance to convert one or more at-large members ofsuch body to single- member districts. Members of such governing body in office on the effective date of such ordinance shall complete their terms of office. 11 ,�38'A cq ` 4tf VIRGINIA CODE AMENDMENT "Good Friday" First Responders Fund Background: On Good Friday, April 6, 2012, a catastrophic event took place in Virginia Beach as a Navy F/A-18 Hornet jet fighter crashed just moments after take-off from Naval Air Station Oceana into the Mayfair Mews apartment complex, injuring seven. Hundreds of Virginia Beach first responders and employees were quickly on the scene of what came to be known as the Good Friday miracle as there were no fatalities from the event despite the apartment complex housing more than 100 residents. During this event, City staff were likely exposed to burning composite materials like carbon fibers and other toxins released from the burning fuel, hydraulic fluids, aircraft fuselage, and damaged structures including known "forever chemicals" including perfluorooctane sulfonic acid(PFOS) and aqueous film forming foam (AFFF), called forever chemicals because these toxic materials do not leave your system. Research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Earlier this year, the City provided a voluntary Galleri Cancer Screening, an advanced type of testing that screens for more than 50 types of cancers, where 538 sworn Fire employees were tested. The Galleri Cancer Screening was provided to the Fire Department due to their heightened risk of developing occupational cancer and the existence of a presumption that many cancers are work related and can be a compensable claim under Virginia Worker's Compensation. Request: The City Council requests that the General Assembly create and fund the "Good Friday" First Responders Fund to support annual health monitoring and cancer screenings to all Virginia Beach employees who worked the crash scene and to provide additional support for out-of-pocket health care costs and other service gaps that may arise for these heroes. 12 VIRGINIA CODE AMENDMENT Photo Speed Monitoring Devices on Local Highways Background: Across the nation, states and localities are seeing a rise in traffic fatalities and are seeking new tools to improve safety on highways and roadways. While there are many elements that drive the rise in traffic fatalities, including distracted driving, one of the major elements is the continued proliferation of speeding. The speed of a vehicle involved in a crash has a direct impact on the number of crashes and the severity of injuries they cause. Developing a speed camera program would provide law-enforcement a new tool to enforce speed limits and reduce risks on local highways. Today, more than 18 states and 188 localities have implemented speed camera programs. Insurance Institute for Highway Safety studies of cameras on residential roads in Maryland, on a high-speed roadway in Arizona, and on city streets in the District of Columbia found that the proportion of drivers exceeding speed limits by more than 10 mph declined by 70, 88 and 82 percent, respectively, six to eight months after cameras were introduced. Virginia currently permits localities to operate photo speed monitoring devices in school zones and construction zones as well as cameras to enforce traffic light signals. Request: The City Council requests the General Assembly grant statewide authority for local governments to establish a program for using photo speed monitoring devices on local highways. The legislation would require a locality, before the implementation of a speed camera on a highway, to conduct an analysis of the highway that includes average daily traffic count, average speed, the 85th percentile speed, periods of highest speeding, number of accidents, number of fatalities, and the number of pedestrian involved accidents. The legislation would also require the same privacy and notification rules that are included in existing traffic camera enforcement programs. Finally, the legislation would require any funds a locality receives from the program, after supporting the program itself, be allocated towards pedestrian and road safety improvements. 13 t�A VIRGINIA CODE AMENDMENT Photo Speed Monitoring and Failure of Recipient to Respond Background: The 2020 General Assembly enacted legislation that was subsequently codified as Virginia Code §46.2-882.1. This legislation authorized photo speed monitoring in highway work zones and school crossing zones. Like the program for school bus stop arm violations, photo speed monitoring is intended to allow targeted enforcement in places where vulnerable pedestrians are present. Photo speed enforcement allows law enforcement personnel to attend to other public safety priorities, and it equitably and efficiently holds drivers accountable for violating posted speed limits in school crossing zones and highway work zones. As currently written, Virginia Code §46.2-882.1 provides a default process for out-of-state motorists, and upon such default, the civil penalty is eligible for collection. There is no specific process for default when a motorist within the Commonwealth fails to respond to a mailed summons, and it may be impracticable to effect personal service upon every person that does not respond to a mailed summons. This legislative proposal offers a notice and review process that is similar to the procedure when a person receives a notice that there is a claim upon that person's Virginia tax return. The process provides for an additional mailed notification of the violation of the speed limit and opportunity to contest such violation. If the recipient fails to respond within the thirty- day period, this failure to respond will be deemed a waiver of the opportunity to contest the speed violation, and like the process for out-of-state motorists, such amount would then be eligible for collection. Request: The City Council requests the General Assembly amend Virginia Code § 46.2-882.1(B)(5) as follows: 5. A summons for a violation of§46.2-873 or 46.2-878.1 issued by mail pursuant to this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of§ 19.2-76, a summons issued by mail pursuant to this section may be executed by mailing by first-class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in 14 the records of or accessible to the Department. In the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i)the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subdivision 3 and(ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons may shall be executed in the manner set out in§ 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration outside the Commonwealth and such person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons will be eligible for all legal collections activities. Any summons executed for a violation of§46.2-873 or 46.2-878.1 issued pursuant to this section shall provide to the person summoned at least 30 days from the mailing of the summons to inspect information collected by a photo speed monitoring device in connection with the violation. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration address within the Commonwealth and such person fails to timely contest the violation, a notice ofproposed default may be sent, by first class mail, to the last known address of the owner, lessee, or renter of the vehicle. This notice ofproposed default shall provide the recipient the opportunity to contest the alleged violation within thirty days of the date of the mailing of the notice and describe the process for making such contest. In addition, the notice ofproposed default shall advise the recipient that failure to contest such violation within the thirty-day period will be deemed a waiver of the opportunity to contest the violation and may result in collection of the civil penalty. If the recipient fails to contest the violation asserted in the notice ofproposed default within the thirty-day period, the civil penalty authorized herein shall be eligible for all legal collection activities. If the law-enforcement agency that was operating the photo speed monitoring device does not execute a summons for a violation of§46.2-873 or 46.2-878.1 issued pursuant to this section within 30 days from the date of the violation or initiates the notice ofproposed default, all information collected pertaining to that suspected violation shall be purged within 60 days from the date of the violation. 15 `- . VIRGINIA CODE AMENDMENT Opioid and Fentanyl Awareness Education Background: According to the Virginia Department of Health, "Fatal drug overdose has been the leading method of unnatural death in Virginia since 2013 and opioids, specifically illicit fentanyl, has been the driving force behind the large increases in fatal overdoses since 2013." Virginia Beach has not been immune to the opioid and fentanyl crisis, as it has taken hold across the Commonwealth and the nation, as the rate of overdose in Virginia Beach has tripled over the last decade. Alarmingly, this crisis has hit far too many of our most vulnerable and youngest members of our community, taking a tragic toll on families. Fentanyl is a potent synthetic opioid approved by the Food and Drug Administration used for pain relief or as an anesthetic and, according to the Drug Enforcement Agency, it is approximately 100 times more potent than morphine and 50 times more potent than heroin. It can often be found in counterfeit drugs or used as a "filler" to increase the potency of other narcotics, because of this, in many cases the user doesn't even know that they are taking fentanyl. In some instances, it has been developed to look like popular brands of food and candy. Mistakenly taking fentanyl can be deadly, as it is estimated that as little fentanyl powder as would cover the tip of a pencil is enough to kill the average person. Because of these dangers and unknowns, it is increasingly important that the Commonwealth increase the education activities to raise awareness of the dangers of opioids and especially fentanyl. Requests: 1. The City Council requests the General Assembly direct the Department of Education to coordinate with the proper organizations, to develop and distribute to each local school division, educational materials concerning the health and safety risks of opioid abuse with a particular focus on the deadly risk of fentanyl. 2. The City Council additionally requests that the General Assembly declare May 9'of each year "Fentanyl Awareness Day" and asks that the appropriate government agencies, both local governments and the Commonwealth, leverage all their tools available to raise awareness of the dangers of Fentanyl. 16 ie' Nl w -•''` VIRGINIA CODE AMENDMENT Local Taxing Authority for Vaping and E-Cigarette Products Background: According to a recent research study conducted by the Center for Disease Control and Prevention, since 2014, e-cigarettes, or vaping, have been the most commonly used tobacco product among U.S. middle and high school students. The same study found that 14% of high school students reported using e-cigarettes. This trend is on the rise and a cause for concern. A lack of information and misperceptions around e-cigarettes and vaping has led to their proliferation among students, but the research is clear, e-cigarettes are dangerous and addictive. As more people turn to vaping and better understand the dangers of traditional cigarettes, tax collections on traditional tobacco products at the local and state level have been in decline. In response to these trends, the Commonwealth, through the budget process, doubled their existing tax on traditional tobacco products and created a new tax on liquid nicotine (the nicotine utilized in vaping and e-cigarette products). The City Council supports efforts to modernize the Virginia Code as it relates to tobacco taxes and requests that the General Assembly grant statewide authority for local governments to establish an excise tax on the sale of vaping products. Request: The City Council requests that the General Assembly grant local governments the authority to modernize their tax codes as it relates to the sale of electronic cigarettes and vaping products. 17 N Z R£ L VIRGINIA CODE AMENDMENT Establish the Virginia Creative Economy Grant Fund and Program Background: Virginia Beach is home to award winning arts programs and internationally acclaimed artists. The arts contribute to the culture and social fabric of Virginia Beach, providing beauty and connection between communities. While the arts contribute greatly to Virginia Beach's character, it is important to recognize the important role the arts play in the City's economy and to work to find ways to continue to invest in that economy. The Office of Cultural Affairs found, in a previous study that examined the economic impact of the arts in Virginia Beach, that$87.7 million in economic activity and 2,875 jobs are generated annually by the non-profit arts and culture industry in Virginia Beach, making it a formidable business and economic driver for the City. In the 2023 General Assembly session, Delegate Jackie Glass introduced House Bill 2376 which would have established the Virginia Creative Economy Grant Fund and Program, to be administered by the Virginia Economic Development Partnership Authority, for the purpose of awarding grants to independent content creators and creative entrepreneurs for the purpose of developing and expanding the creative economy in Virginia. Request: The City Council requests that House Bill 2376 from the 2023 General Assembly session be re-introduced. 18 HOUSE BILL NO. 2376 from 2023 General Assembly Session §2.2-2240.7. Virginia Creative Economy Grant Fund and Program. A. For the purposes of this section: "Creative economy"means industries that have their origin in individual creativity, skill, and talent and that have a potential for wealth and job creation through the generation and exploitation of intellectualproperty, including production of audio, video, or visual content;literary orperforming arts; production of film, music, software, or video games;and television or radio. "Creative economy entrepreneur"means a small business or a self-employed individual whose primary business activity or self-employment. "Fund"means the Virginia Creative Economy Grant Fund. "Independent content creator"means an individual who creates original digital media content in the form of audio, video, or visual content for entertainment purposes and with the intention ofgenerating a profit. "Program"means the Virginia Creative Economy Grant Program. B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Creative Economy Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations,grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for purposes of(i)awarding grants on a competitive basis through the Virginia Creative Economy Grant Program established pursuant to subsection C or (ii)implementing and administering the Virginia Creative Economy Grant Program. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Chief Executive Officer of the Authority. C. The Virginia Creative Economy Grant Program is hereby established for the purpose of awarding grants on a competitive basis from such funds as may be available from the Fund to independent content creators and creative entrepreneurs for the purpose of developing and expanding the creative economy in Virginia. Grants shall be awarded by the Authority, in consultation with the Virginia Commission for the Arts established pursuant to§23.1-3222, in an amount not to exceed$20,000 to any independent content creator or creative entrepreneur. The program shall be administered by the Authority, in consultation with the Virginia Commission for the Arts. In administering the program, the Authority, in consultation with the Virginia Commission for the Arts, shall establish and publish guidelines and criteria forgrant awards, including guidelines and criteria governing agreements between the Authority and grant recipients relating to the use ofgrant funds. 19 VIRGINIA CODE AMENDMENT Obstruction of Right-of-Way Violations Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety related offenses and violations during the pendency of a court hearing or other final disposition. 20 2 Z � STATE BUDGET REQUEST Augment Localities for 100% Disabled Veteran Tax Exemption Background: Virginia Beach is proud to be home to more than 58,000 veterans and more than 96,000 active-duty members of the United States armed forces. Both active-duty and retired members of the armed forces play a critical role in our community and economy, and we want them to make Virginia Beach their home for a lifetime. The City of Virginia Beach honors the sacrifices made by our military personnel and veterans, and we support efforts by the Commonwealth to have the tax code reflect those sacrifices. Since 2011, following voter ratification, the Commonwealth has mandated that localities provide a real estate tax exemption for 100% disabled veterans. This is an admirable program that the City of Virginia Beach supports. However, due to Virginia Beach's substantial military and veteran population, the City's budget is noticeably affected by this unfunded mandate from the Commonwealth. The program has grown from$1.7 million in its first year to more than$16 million in fiscal year 2023 and we project the program will grow to $24 million in fiscal year 2024. Across the Commonwealth this program impacted local government budgets by more than$125 million. With expansion of program eligibility and increased awareness, we anticipate that this program will continue to grow at a high rate. Requests: 1. The City Council requests that the General Assembly refrain from creating additional unfunded mandates and if it chooses to impact a locality's taxing authority that it provides support for filling the gap they create or provide another funding mechanism to replace it. 2. The City Council requests that the Commonwealth provide financial support to fill the gaps created by the Commonwealth for the Veterans 100% disabled tax relief program. 21 ,ge arH a _ o --•'°� STATE BUDGET REQUEST 5/31 Memorial Background: This past May, the 5/31 Memorial Committee and the City Council chose the team that will work with the community to design and build a memorial to honor and remember the victims of the tragic events of May 31', 2019. In the aftermath of the 5/31/2019 mass shooting in Virginia Beach,victims'families, survivors, members of the public and recovery professionals advised City Council that installation of a permanent memorial is a critical component for the community to heal, recover, and move forward. The plan to build the memorial continues to advance, with the initial design incorporating elements that will honor the victims and provide a place for survivors to heal including two granite walls with timelines representing the 12 victims, a grove of trees that pays homage to the survivors, and a large "hero" tree dedicated to the first responders. Research shows that budgets of comparable memorials are typically built with funds comprised of state, local and private support. Request: The City Council requests that the General Assembly provide$2 million to support the 5/31 Memorial. 22 yae AllN/ 7 J STATE BUDGET REQUEST Stormwater Operations Center Background: The City of Virginia Beach requests funding to support a first in the nation, state-of-the-art facility, to monitor city infrastructure in real time to proactively respond to and potentially prevent flooding incidents that will mitigate damage and inform the public of hazards. The project is an integral part of the continued implementation of a$500 million+ investment the City is making in flood protection and will transform the resilience of our coastal community, ecosystem, and economy to weather climate impacts. The facility will monitor stormwater conditions and the City's transportation network and flood protection infrastructure in real time and allow staff to adjust stormwater controls, manage transportation patterns, initiate emergency repairs, and make recommendations for evacuations during severe weather events. To accomplish this goal, the facility will include expanded conference and computer training rooms that will serve as the hub of the Joint Operations Center. The facility will be constructed to withstand wind, blast, and other loads based on current and projected threats. Request: The City Council requests $15 million to support the building of a first in the nation, state-of- the-art stormwater operations facility. 23 F96 At l w.: STATE BUDGET REQUEST Virginia Aquarium & Marine Science Center Renovation/Expansion Background: The Virginia Aquarium and Marine Science Center is a jewel for both the City of Virginia Beach and the Commonwealth, providing a world class tourism attraction, exciting hands- on education opportunities for students around the region, and support for sea animal rescue and rehabilitation across much of the East Coast. It is the third most visited attraction in the Commonwealth, behind only amusement parks Kings Dominion and Busch Gardens. According to a recent economic impact analysis, the Virginia Aquarium contributes more than $277 million in economic activity each year supporting more than 3,300 jobs. These impacts provide more than $7.6 million in annual tax revenues for the City of Virginia Beach and an additional $9+ million in annual tax revenues for the Commonwealth of Virginia. Unfortunately, the infrastructure is aging and nearing the point where it needs to be replaced. For example, the main building is more than 37 years old, and the seal, turtle, and shark habitats have reached end-of-life. For the protection of these animals, the habitat must be replaced in the coming years, or the animals will have to be transferred to another facility. The Virginia Aquarium Foundation is setting course for an ambitious capital improvement project that will allow the aquarium to continue to operate and generate economic activity for the Commonwealth and keep the animals safe while expanding its footprint and creating new updated exhibits for visitors that will draw larger crowds, and economic impact, in the future. Request: The City Council requests support from the General Assembly for the Virginia Aquarium& Marine Science Center's renovation/expansion of aging infrastructure. The Virginia Aquarium would utilize resources from the Commonwealth in their overall strategy in seeking funds through the Federal Government along with City and private funding. 24 ,34 Al, POLICY STATEMENT Short-Term Rentals Policy Statement: The City Council is opposed to any legislation that: • Compels localities to allow Short-Term Rentals (STRs) • Limits the ability of localities to regulate STRs • Overrides local authority for STR land use or planning • Limits the ability of localities to collect the appropriate taxes associated with STRs 25 Ea B n r rfR in 00 cc; w an an 11 1 Office of the City Manager Brent McKenzie Municipal Center— Bldg 1 Legislative Affairs Director 2401 Courthouse Drive 757-837-9572 Virginia Beach, VA 23456 < bmckenzie@vbgov.com virgin iabeach.gov r' d , K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 35.3-10 re extend the sunset provision for the Chesopeian Colony Area Dredging Special Service District 2. Resolution to EXTEND the City/School Revenue Sharing Policy re change June 30, 2024 to June 30, 2025 3. Resolution to DIRECT the City Manager and City Attorney to CONDUCT a study and RECOMMEND any necessary changes to the City Zoning Ordinance(CZO)relative to project density and sound attenuation on properties located partially in the Interfacility Area or partially in noise zones of 65 dB DNL or greater (Requested by Council Members Henley, Rouse, Taylor and Wooten) 4. Resolution to AUTHORIZE City support for a City Council Member-sponsored event re Level Green Fall Festival(Requested by Mayor Dyer and Council Member Wooten) 5. Ordinance to ADOPT the FY 2024-25 Focused Action Plan(Requested by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse and Schulman) 6. Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 2, 5 and 6 7. Ordinance to DECLARE 1,804+/- square feet of City-owned property on Ferry Point Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to the adjoining property owners DISTRICT 7 8. Ordinance to AUTHORIZE temporary encroachments into 10' City Maintenance Easement and a 100' City Drainage Easement located on 924 Sandoval Drive re maintain a wood fence, concrete pad and driveway, frame shed, and pool area DISTRICT 5 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the 25' strip of City-owned property around Lake Joyce located at the rear of 4224 Ben Gunn Road re maintain existing pier,existing bulkhead,existing aluminum fence, and construct and maintain a landward pier extension and bulkhead DISTRICT 9 10. Ordinance to APPROPRIATE $8.5-Million from General Fund Balance and TRANSFER as pay-go funding to Capital Project#100664 5/31 Memorial 11. Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $72,122 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2023-24 Juvenile Domestic Relations Court Operating Budgets of($10,000) re contracted manpower and Police Department Operating Budget ($62,122) re purchase law enforcement equipment for the SWAT, Mounted, K-9 and Youth Services Units 12. Ordinance to ACCEPT and APPROPRIATE $63,356 from the Office of Executive Secretary of the Supreme Court of Virginia to the FY 2023-24 Commonwealth Attorney Operating Budget and AUTHORIZE local match (25%) provided by Human Services Department existing resources) re adult drug treatment court 13. Ordinance to ACCEPT and APPROPRIATE $52,031 from the Library of Virginia, State Aid Grant to the FY 2023-24 Public Libraries Operating Budget re purchase books and other materials for the print and digital collections 14. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Commonwealth of Virginia to the Human Services Operating Budget re treatment programs provided by the Substance Use Outpatient Services Program 15. Ordinance to ACCEPT and APPROPRIATE $20,780 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re programs that address problem gambling 16. Ordinance to ACCEPT and APPROPRIATE$20,000 from the Summer Jobs Connect Program Grant to the FY 2023-24 Parks and Recreation Operating Budget re Summer Youth Employment Program 17. Ordinance to ACCEPT and APPROPRIATE $3,713 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget AUTHORIZE $1,225 local match re Project for Assistance in Transitioning from Homelessness (PATH) program Ku eEr u S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 35.3-10 to Extend the Sunset Provision for the Chesopeian Colony Area Dredging Special Service District MEETING DATE: October 17, 20223 ■ Background: The Virginia Code authorizes localities to establish special service districts (SSDs), which are intended to provide enhanced services within a geographical boundary. The Code also grant localities the authority to levy additional taxes within the SSD to pay for the enhanced services. In coordination with several waterfront neighborhoods, the City has established a neighborhood dredging SSD program. In these SSD districts the waterfront property owners agree to an additional levy of real estate taxes for the purpose of constructing navigation channels for the benefit of the properties within the SSD district. The typical neighborhood commits to a sixteen-year dredging program. There are currently eight neighborhood dredging SSDs throughout the City. On August 13, 2013, an ordinance was adopted by the City Council to establish the Chesopeian Colony Neighborhood Dredging Special Service District. The ordinance established a tax levy of 29.13 cents per each 100 dollars of assessed value effective January 1, 2014, and was intended to fund three dredging events on a seven-year cycle, with the first dredging planned for FY 2015-16, the second planned for FY 2022-23, and the third planned for FY 2029-30. Consistent with a sixteen-year dredge program, the SSD district and additional levy was to dissolve on July 1, 2030. Due to real estate and environmental permitting delays, the first dredging cycle did not occur until FY 2019-20, four years after initially planned. All work was successfully completed in May 2020. The neighborhood has requested that the program duration be extended to allow for the second and third dredging cycles to remain on a seven-year cycle. The modified schedule would have a second dredging in FY 2026-27 and a third, and final, dredging planned for FY 2033-34. To accomplish this, the sunset date for the SSD additional levy needs to be extended to July 1, 2034. ■ Considerations: This request originated from a group of stakeholders within the Chesopeian Colony neighborhood. By extending the duration of the SSD until 2034, the City will be able to accommodate the request for two additional dredge cycles spaced seven years apart. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. Neighborhood Dredging SSD Page 2 of 2 ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager. 1 AN ORDINANCE TO AMEND CITY CODE SECTION 35.3-10 2 TO EXTEND THE SUNSET PROVISION FOR THE 3 CHESOPEIAN COLONY AREA DREDGING SPECIAL 4 SERVICE DISTRICT 5 6 SECTION AMENDED: § 35.3-10 7 8 WHEREAS, the Chesopeian Colony Area Dredging Special Service District was 9 established by ordinance adopted August 13, 2013; 10 11 WHEREAS, the initial dredge cycle was delayed due to various factors including 12 real estate permissions and permitting; 13 14 WHEREAS, the first dredge cycle was completed in 2020; 15 16 WHEREAS, the City has received input from the community that it favors 17 maintaining a seven-year dredge cycle; and 18 19 WHEREAS, to accommodate the community's request, the sunset provision in City 20 Code § 35.3-10 must be extended; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 Section 35.3-10 of the City Code is hereby amended and reordained to read as 26 follows: 27 28 Sec. 35.3-10. Creation of the Chesopeian Colony Area Dredging Special Services 29 District. 30 31 (a) There is hereby created the Chesopeian Colony Area Dredging Special Service 32 District for the purposes set forth in this chapter and those set forth in Code of 33 Virginia § 15.2-2403. 34 35 (b) The boundaries of the Chesopeian Colony Area Dredging Special Service District 36 shall be described in detail by the map attached to ORD. No. 3300. 37 38 (c) The Chesopeian Colony Area Dredging Special Service District shall dissolve on 39 July 1, 2030 2034, if not sooner. _Such date shall allow for the completion of the 40 third dredge cycle and the accounting of all revenues and expenditures during the 41 duration of the Chesopeian Colony Area Dredging Special Service District 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 Management Services OT9 the City Attorney CAI 6330 R-1 October 4, 2023 f0 �7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the City/School Revenue Sharing Policy MEETING DATE: October 17, 20223 ■ Background: The City of Virginia Beach and Virginia Beach City Public Schools (VBCPS)first implemented a funding formula in FY 1997-98. The current City and School Revenue Sharing Policy (the "Policy") was adopted on November 19, 2019, and expires on June 30, 2024. Under the Policy, the two bodies share local tax revenues such as real estate, personal property, general sales, utility, restaurant, telephone, and business license. 46.75% of this general government revenue is provided to Schools and 53.25% retained by City. If revenues under or over performed through the year, City and Schools share increases or decreases accordingly. To request funding above the Policy amount, the School Board must make a formal, written request to the City Council. The Policy also details steps and a process to request "reversion" funds at year end for re-appropriation. On July 18, 2023, the City Council received a briefing on the Policy. At the conclusion of the briefing, the City Council indicated a preference to continue the existing formula for one more fiscal year and directed City staff to engage with staff of the VBCPS to solicit the preference of the School Board. On September 28, 2023, the Acting Superintendent formally requested an extension of the policy for the following primary reasons: 1) The School Board is currently conducting a nationwide search for a new Superintendent. Extending the Policy for a year will allow the new Superintendent to be involved in future revenue sharing formula negotiations. 2) Four new School Board Members began serving on the Board January 1, 2023, which was in the middle of the FY2023-24 budget development process for the division. Extending the Policy for a year will allow them to understand the division's financial history, budgeting practices, and existing budget proposals, which is crucial to ensure effective participation in the decision-making process and the impact of the Policy. 3) Virginia Beach City Public Schools is currently in an interim Public Private Education Act (PPEA) agreement to design three new school facilities. Extending the Policy for a year will allow VBCPS to complete this process and make the final determination if a funding plan is feasible. Revenue Sharing Formula Page 2 of 2 ■ Considerations: Extending the Policy one year will allow the VBCPS to address the three items noted in the Acting Superintendent's memorandum. In anticipation of the end of the current Policy, an amended Policy is expected to be developed between the City and VBCPS prior to the FY 2025-26 Budget development process. ■ Public Information: Normal Council agenda process. ■ Recommendations: Approval of the attached resolution. ■ Attachments: Resolution, City/School Revenue Sharing Policy, Memorandum from Acting Superintendent, dated September 28, 2023 Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: /10 1 A RESOLUTION TO EXTEND THE CITY/SCHOOL 2 REVENUE SHARING POLICY 3 4 WHEREAS, the current City/School Revenue Sharing Policy was adopted on 5 November 19, 2019, and is set to expire on June 30, 2024; 6 7 WHEREAS, the policy exists to establish a procedure for allocating local tax 8 revenues between the City and the Virginia Beach City Public Schools; 9 10 WHEREAS, the Acting Superintendent, on behalf of the School Board, has 11 requested an extension of the policy until June 30, 2025; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 Section 7.3 of the City/School Revenue Sharing Policy is hereby amended to 17 change "June 30, 2024" to "June 30, 2025." 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 Management Services orney's Office CA16335 R-1 October 4, 2023 �`4G1N1f+BEq� �CityCouncil and <u s3 • `2�;g9k5Q OVA o School Board Policy Title: City/School Revenue Sharing Policy Index Number: Date of Adoption: November 19,2019 Date of Revision: Page: 1 of 6 1. Purpose 1.1. This policy (the "Policy") is to establish a procedure for allocating Local Tax Revenues between the City and the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide a planning and allocation tool that yields sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local General Fund tax revenues that are under the City Council's control, rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. Notwithstanding anything in this Policy, at no time shall the City's funding for Schools be less than that required by Virginia law for the maintenance of an educational program meeting the Standards of Quality as established by the General Assembly and required by the Virginia Constitution. 2. Definitions: 2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools. 2.2. "Schools" refers to the Virginia Beach City Public Schools. 2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non-dedicated local taxes: real estate (less dedications such as the Outdoor Initiative); Personal Property; General Sales; Utility; Virginia Telecommunications; Business Professional and Occupational License (BPOL) Tax; Cigarette (less dedication for Economic Development Incentive Program (EDIP)); Hotel; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on Wills. 2.4. "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; taxes that represent "net-new revenues" and are required to be redirected or are the basis for the calculation of an incentive payment as part of a public-private partnership approved by City Council; taxes established to support Open Space; Agricultural Reserve Program; Tourism Advertising Program; Tourism Investment Program, referendum related taxes, and taxes used to support the BRAC project. A more complete discussion of such dedications is found in the Executive Summary and Operating Budget each year. 2.5. "Formula Percentage" means the percentage applied to the Local Tax Revenues to arrive at the Formula Revenues. 2.6. "Formula Revenues" means the amount of revenue the Policy provides for funding the Schools. 2.7. "General Fund Balance Reserve Policy" means the Policy adopted by the City Council on May 11, 2004,which sets a range of 8% to 12% of the following year's budgeted revenues as the required undesignated fund balance. 2.8. "Net-new Revenues" as used in Section 2.4 means public-private partnership revenues generated by a project (or property)that exceed the Local Tax Revenues prior to the public-private partnership. 2.9. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.10."Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.11."Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report(CAFR). 2.12."School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.13."Schools Reserve Fund" means the fund established by the City Council on November 4, 2013, which is subject to School Board Policy#3-28 and is identified in the City's Financial System as Fund 220. 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1.In October, Budget and Management Services will develop an estimate of Local Tax Revenue for the upcoming fiscal year. 3.1.2.Estimated Formula Revenues. Using the estimate in the preceding subsection,the City's Department of Budget and Management Services will provide the estimated formula revenues to the Schools. The Estimated Formula Revenues is the result of the Local Tax Revenues multiplied by the Formula Percentage,which shall be 46.75%starting in FY 2020-21. 3.1.2.1.This formula calculation shall comprise the local contribution for the Schools pursuant to this Policy. 3.2. Final Estimate 3.2.1.In February, the City's Department of Budget and Management Services will develop a final estimate of the Local Tax Revenues. Using this estimate and the Formula Percentage, the City will derive a final estimated amount of Formula Revenues, which will be included in the City Manager's Proposed Operating Budget and communicated forthwith to the Schools. 3.2.2.The final estimated amount of Formula Revenues and the calculation thereof shall be clearly presented in the City Manager's Proposed Operating Budget and forwarded to the City Council for consideration as part of the annual budget process. 4. Procedure to Request Funding Above the Revenue Sharing Formula: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of operations or to provide for additional initiatives.The School Board's resolution will provide the following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding; and 4) that the School Board supports an increase in the real estate tax (or other local tax)should the City Council determine that such a tax increase is necessary. 4.2. The City Council, in its sole discretion may elect to provide revenue to Schools that is not consistent with this Policy. Such action by the City Council may include consideration of existing dedications or alternate sources of revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required, the City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes,this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Deviations from Budgeted Local Tax Revenues: 5.1. If, at the end of the fiscal year,the Actual Local Tax Revenues exceed the Budgeted Local Tax Revenues,the amount of excess revenue will be subject to the same treatment as similar revenues in the budget process for the immediately preceding fiscal year. However, any excess revenue is first subject to the General Fund Balance Reserve Policy. If such excess funds are not required for the General Fund Balance Reserve Policy, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds,discussed in Section 6.3, below. 5.2. If, the City, through the Manager or their designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th (to include the accrual period) lapse and revert to the fund balance of the City's General Fund. 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year.This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund.See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt payment exceeds estimated debt payments, the amount of the Schools' reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments, the amount of the Schools' reversion funds will be increased by this difference. 6.3.4.The Schools' Office of Budget Development will confer with Budget and Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy,the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to the applicable policy for the Schools Reserve Fund. 6.3.5.1.Upon receipt of the resolution, Budget and Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2.Following City Council's action, Budget and Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Revision to the City/School Revenue Sharing Policy: 7.1. The Superintendent, City Manager, Schools' Chief Financial Officer, and the City's Director of Budget and Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools' operations, any use of "one-time" revenues, and any adjustments made to existing revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and the Superintendent will brief the City Council and the School Board respectively. 7.2. City Council may revise this Policy in its discretion after consultation with the School Board. 7.3. If no other action is taken by the City Council and the School Board, this Policy shall remain effective until June 30,2024 at which time it will be reviewed and considered for reauthorization. APPROVED: As to Content: Dr. Aaron Spence 11/12/2019 School Superintendent Date Thomas M. Leahy 11/13/2019 Acting City Manager Date As to Legal Sufficiency: Mark D.Stiles 11/13/2019 City Attorney Date Approved by School Board: Beverly M.Anderson 11/12/2019 School Board Chairman Date APPROVED BY CITY COUNCIL: Robert M. Dyer 11/19/2019 Mayor Date General Fund Local Taxes FY 2022-23 FY 2023-24 Real Estate $621,707,015 $669,607,745 Outdoor Initiative 0.47C $(3,209,367) $(3,470,458) Stormwater(General Fund)2.5C $(17,071,100) $(18,459,882) City Council Priorities 1.85C $(12,632,614) $(13,660,313) Public Safety 1.0C $(6,828,440) $(7,383,953) Personal Property $192,619,234 $208,222,299 General Sales $93,871,862 $91,916,310 Utility Tax $25,879,291 $25,879,291 Virginia Telecommunications $17,245,958 $17,245,958 Business License $55,915,491 $58,742,554 Cigarette $8,603,216 $7,260,669 Economic Development Investment Program 0.16C $(1,966,449) $(1,659,582) Hotel $10,736,531 $11,245,386 Restaurant $56,972,840 $58,729,025 Automobile License $11,278,097 $10,769,956 Bank Net Capital $3,696,076 $4,673,001 City Tax on Deeds $10,804,957 $11,129,106 City Tax on Wills $107,785 $112,096 Total Non-Dedicated Local Taxes $1,067,730,383 $1,130,899,209 Formula% 46.75% 46.75% Revenue Sharing Formula Revenues $499,163,952 $528,695,380 *Hold Harmless Adjustment 2.138C $(14,597,409) $(15,786,891) $484,566,543 $512,908,489 *Hold Harmless Adjustment-allows for the redirection of General Fund revenues to defray the 4.1C dedication of the Real Estate tax necessary to support the Flood Protection Program Bond Referendum debt service. **The FY 2023-24 City School Revenue Sharing Formula listed above reflects differently than the transfer from the City's General Fund to the Schools Operating fund listed on the interfund transfer summary in the Operating Budget due to the Revenue Sharing Formula being held harmless from projected reductions in Real Estate Revenue as a result of City Council adjusting the Real Estate tax rate for surviving spouses of military service members who died in the line of duty be reduced to$0.000001(one millionth of one cent) per$100 of assessed value. t, r VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Donald E. Robertson Jr., Ph.D. Acting Superintendent MEMORANDUM TO: Patrick Duhaney, City Manager, City of Virginia Beach FROM: Donald Robertson Jr,Ph.D.,Acting Superintendent SUBJECT: Revenue Sharing Formula DATE: September 28, 2023 The purpose of this memo is to formally request an extension of the existing City/School Revenue Sharing Policy(Policy). The School Board and City Council last adopted the Policy in FY 2019/2020 in preparation for the FY 2020/2021 budget. If no other action is taken by the City Council and the School Board,this Policy is set to expire on June 30, 2024. The Policy plays a crucial role in the funding of the school division. As you know, school divisions in Virginia do not have taxing authority and are fiscally dependent on the local government. As such,the local contribution calculated using the Policy continues to be the most substantial source of revenue for the school division. After considering several factors currently in existence and in consultation with the School Board, we are recommending the current funding formula be extended for one year,changing the expiration date to June 30, 2025. We are making this recommendation for the reasons outlined below. 1) The School Board is currently conducting a nationwide search for a new Superintendent. Extending the Policy for a year will allow the new Superintendent to be involved in future revenue sharing formula negotiations. In addition, other senior leadership position changes have also occurred within the division,which has had a disruptive impact on the School Division. An extension would ensure stability and continuity in our efforts to install new leadership and move through the upcoming budget development process. 2) Four new School Board Members began serving on the Board January 1, 2023,which was in the middle of the FY2023/24 budget development process for the division. Extending the Policy for a year will allow them to understand the division's financial history, budgeting practices, and existing budget proposals, which is crucial to ensure their effective participation in the decision-making process and the impact of the Policy. 3) Virginia Beach City Public Schools(VBCPS)is currently in an interim Public Private Education Act(PPEA) agreement to design three new school facilities. Extending the Policy for a year will allow VBCPS to complete this process and make the final determination if a funding plan is feasible. 2512 George Mason Drive I P.O.Box 6038 1 Virginia Beach,Virginia 23456-0038 Patrick Duhaney,City Manager September 28, 2023 Page 2 of 2 We also recommend establishing a working group with City and School employees to make recommendations regarding any revisions to the revenue sharing formula before the FY 2025/26 budget process. Thank you for your attention to this matter. We look forward to the City Council's response. ec: Crystal Pate, Chief Financial Officer, Virginia Beach City Public Schools Kevin Chatellier,Director of Budget and Management Services, City of Virginia Beach CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution directing the City Manager and City Attorney to conduct a study and recommend any necessary changes to the City Zoning Ordinance relative to project density and sound attenuation on properties located partially in the Interfacility Traffic Area or partially in noise zones of 65 dB DNL or greater MEETING DATE: October 17, 2023 ■ Background: In 2005, in response to the BRAC Order and consistent with the JLUS study, the City enacted a series of ordinances limiting and rolling back encroachment around Naval Air Station Oceana (hereinafter collectively "the BRAC Response Program") including several amendments to the City Zoning Ordinance (the "CZO") pertaining to development in the AICUZ footprint. The BRAC Response Program has been amended from time to time to address issues not specifically contemplated at the time of initial adoption of the program, and the BRAC Response Program specifically contemplates that the City Manager and City Attorney will propose additional amendments to the ordinances adopted as part of the program where a need to do so is recognized. A significant element of the BRAC Response Program relates to rolling back and preventing encroachment in the Interfacility Traffic Area ("ITA"), which is the path of naval jet travel between NAS Oceana and Outlying Landing Field Fentress and as part of that program the City has significantly limited the density within the ITA through the adoption of Section 1806 in the CZO and has spent millions of dollars acquiring thousands of acres of land in the ITA. Section 1806 prevents the development of residential property within the ITA at a density of greater than one single family home per 15 acres but does not impose any limitation on the construction of residential dwellings immediately outside the ITA in noise zones below 65 dB DNL. Section 1806 and the CZO do not prohibit a zoning lot that includes land partially within and partially outside the ITA or 65 dB DNL noise zone boundary from being conditionally zoned in its entirety to a higher density so long as none of the residential units will be built on the portion in the ITA or in a noise zone of 65 dB DNL or greater. Section 200 of the CZO provides rules relating to the calculation of density on a zoning lot but does not address density calculations for property partially within the ITA. Section 2103 of the CZO provides that no property within a noise zone of 65-70 dB DNL or greater shall be included in an Article 21 District eligible for increased density of residential development, but does not address property partially within the ITA or partially within a noise zone of 65 dB DNL or greater. Section 1805 of the CZO requires sound attenuation measures in any use located in Noise Zones of 65 dB DNL or greater but does not address uses partially within such Noise Zones. Appendix I Section 14 of the CZO encourages owners of property located wholly or partially in a noise zone of 65 dB DNL or greater to provide the United States Navy with an avigation easement prior to development of the property to include a covenant not to bring legal action as a result of noise levels from military overflights. Considerations: The City is committed to honoring its commitments to the Navy and wishes to ensure that development of land just outside the ITA or applicable noise zone contours does not violate the BRAC Response Program or interfere with the Navy's interests in protecting and promoting its mission readiness. This Resolution would direct the City Manager and City Attorney to conduct a study, seeking input from relevant stakeholders, including the United States Navy and the Department of Defense, the Oceana Land Use Conformity Committee ("OLUCC"), the TA/ITA Committee, and others, to determine whether additional amendments to the CZO and the BRAC Response Program are necessary to address the issues of density calculation and sound attenuation for zoning lots partially located within the ITA or the 65 dB DNL or greater noise zone. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Attachments: Resolution Requested by Councilmembers Henley, Rouse, Taylor and Wooten REQUESTED BY COUNCILMEMBERS HENLEY, ROUSE,TAYLOR,AND WOOTEN 1 A RESOLUTION DIRECTING THE CITY MANAGER AND 2 CITY ATTORNEY TO CONDUCT A STUDY AND 3 RECOMMEND ANY NECESSARY CHANGES TO THE CITY 4 ZONING ORDINANCE RELATIVE TO PROJECT DENSITY 5 AND SOUND ATTENUATION ON PROPERTIES LOCATED 6 PARTIALLY IN THE INTERFACILITY TRAFFIC AREA OR 7 PARTIALLY IN NOISE ZONES OF 65 DB DNL OR 8 GREATER 9 10 WHEREAS, in 2005, in response to the BRAC Order and consistent with the JLUS 11 study, the City enacted a series of ordinances limiting and rolling back encroachment 12 around Naval Air Station Oceana (hereinafter collectively "the BRAC Response 13 Program") including several amendments to the City Zoning Ordinance (the "CZO") 14 pertaining to development in the AICUZ footprint; and 15 WHEREAS, the BRAC Response Program has been amended from time to time 16 to address issues not specifically contemplated at the time of initial adoption of the 17 program, and the BRAC Response Program specifically contemplates that the City 18 Manager and City Attorney will propose additional amendments to the ordinances 19 adopted as part of the program where a need to do so is recognized; and 20 WHEREAS, a significant element of the BRAC Response Program relates to 21 rolling back and preventing encroachment in the Interfacility Traffic Area ("ITA"), which is 22 the path of naval jet travel between NAS Oceana and Outlying Landing Field Fentress 23 and as part of that program the City has significantly limited the density within the ITA 24 through the adoption of Section 1806 in the CZO and has spent millions of dollars 25 acquiring thousands of acres of land in the ITA; and 26 WHEREAS, Section 1806 prevents the development of residential property within 27 the ITA at a density of greater than one single family home per 15 acres but does not 28 impose any limitation on the construction of residential dwellings immediately outside the 29 ITA in noise zones below 65 dB DNL; and 30 WHEREAS, Section 1806 and the CZO do not prohibit a zoning lot that includes 31 land partially within and partially outside the ITA or 65 dB DNL noise zone boundary from 32 being conditionally zoned in its entirety to a higher density so long as none of the 33 residential units will be built on the portion in the ITA or in a noise zone of 65 dB DNL or 34 greater; and 35 WHEREAS, Section 200 of the CZO provides rules relating to the calculation of 36 density on a zoning lot but does not address density calculations for property partially 37 within the ITA; and 38 WHEREAS, with respect to workforce housing, Section 2103 of the CZO provides 39 that no property within a noise zone of 65-70 dB DNL or greater shall be included in an 40 Article 21 District eligible for increased density of residential development, but does not 41 address property partially within the ITA or partially within a noise zone of 65 dB DNL or 42 greater; and 43 WHEREAS, Section 1805 of the CZO requires sound attenuation measures in any 44 use located in Noise Zones of 65 dB DNL or greater but does not address uses partially 45 within such Noise Zones; and 46 WHEREAS, Appendix I Section 14 of the CZO encourages owners of property 47 located wholly or partially in a noise zone of 65 dB DNL or greater to provide the United 48 States Navy with an avigation easement prior to development of the property to include 49 a covenant not to bring legal action as a result of noise levels from military overflights; 50 and 51 WHEREAS, the City is committed to honoring its commitments to the Navy and 52 wishes to ensure that development just outside the ITA or applicable noise zone contours 53 does not violate the BRAC Response Program or interfere with the Navy's interests in 54 protecting and promoting its mission readiness. 55 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 That the City Manager and City Attorney are directed to immediately convene a 58 study seeking input from relevant stakeholders, including the United States Navy and the 59 Department of Defense, the Oceana Land Use Conformity Committee ("OLUCC"), the 60 TA/ITA Committee and others, to determine whether additional amendments to the CZO 61 and the BRAC Response Program are necessary to address the issues of density 62 calculation and sound attenuation for zoning lots partially located within the ITA or the 65 63 dB DNL or greater noise zone and to propose any such necessary amendments for 64 consideration by the Planning Commission and City Council. 65 Adopted by the City Council of the City of Virginia Beach,Virginia,on the day 66 of October, 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16326 R10 October 3, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize City Support for a City Councilmember-Sponsored Event Called "The Level Green Fall Festival" MEETING DATE: October 17, 2023 ■ Background: Councilmember Wooten provided an update on her work to develop a fall festival for the Level Green Community to the City Council at its Informal Session on October 3, 2023. As proposed, "The Level Green Fall Festival" will provide programming and activities for the community on October 28th between 2 p.m. and 6 p.m. Councilmember Wooten has requested the City Council authorize the waiver of Parks and Recreation use fees and any City insurance requirements to book space in the Level Green Park. ■ Considerations: The City Council Policy for Councilmember-Sponsored Forums and Events requires the formal approval by the City Council for the use of City money and/or certain assets and personnel. ■ Public Information: Normal Council Agenda process. ■ Attachment: Resolution; City Council Policy REQUESTED BY MAYOR DYER AND COUNCILMEMBER WOOTEN REQUESTED BY MAYOR DYER AND COUNCILMEMBER WOOTEN 1 A RESOLUTION TO AUTHORIZE CITY SUPPORT FOR A 2 CITY COUNCILMEMBER-SPONSORED EVENT CALLED 3 "THE LEVEL GREEN FALL FESTIVAL" 4 5 WHEREAS, City Council Policy requires the approval of the City Council for 6 Councilmember-Sponsored Forums and Events, including the full scope of services for 7 which the member seeks City staff support,- 8 9 WHEREAS, Councilmember Wooten has requested the approval of the City 10 Council for the waiver of Parks and Recreation use fees and any City insurance 11 requirements to book space in the Level Green Park for the "Level Green Fall Festival" to 12 be held October 28th between 2 p.m. and 6 p.m.; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 The City Council hereby authorizes the waiver of Parks and Recreation use fees 18 and any City insurance requirements to book space in the Level Green Park for the "Level 19 Green Fall Festival" to be held October 28th between 2 p.m. and 6 p.m. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. APPROVED AS TO LEGAL SUFFICIENCY: or ey s ice CA16339 R-1 October 10, 2023 REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY 3 PERTAINING TO COUNCILMEMBER- 4 SPONSORED FORUMS AND EVENTS 5 fi BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled 10 "Councilmember-Sponsored Forums and Events," which has been exhibited to the City 11 Council, and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of Virginia Beach, Virginia on this 19 t hday of 14 April , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City' Attome 's Office Y CA15754 R-1 March 30, 2022 CityCouncil Policy Title: Councilmember-Sponsored Forums and Events Date of Adoption:January 7,2020 Date of Revision: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to address expenditures and the use of City staff and resources related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings, the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal ($50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. Additionally, if a member of Council seeks City staff support in promoting the event through City social media platforms or the City website, mass emails, press releases speaker coordination the use of City audio-visual services the creation or distribution of promotional materials or other uses of City staff or resources then the member of Council shall first seek the approval of the City Council of the full scope of services for which the member seeks City staff support. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council,and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure or use of City staff and resources must be approved by an affirmative vote of a majority of the Council. • Notwithstanding any other provision of this Policy to the contrary, if If the member seeks to hold a town hall meeting (such as a district forum or similar event to inform or seek feedback from a member's constituents)in a City building or facility, or non-City venue that the member has already secured and for which there is no facility rental or other fee for use of the venue, City staff may provide the following level of staff support without obtaining the Council consent or vote detailed above: 0 event calendar listing on the City website; Title: Councilmember-Sponsored Forums and Events Date of Adoption: January 7. 2020 Date of Revision: Page 2 of 2 o editing and printing up to 500 total pages of meeting agendas or other printed materials (provided that the documents were either developed by the councilmember or are copies of previously existing records): c event notification emails to constituents whose email addresses have been provided to City staff by the member of Council: o notice to district civic leagues: o district-specific postings to Nextdoor.com or a similar site that segments subscribers by district boundaries; c a Facebook event page and Twitter event notifications the frequency and extent of which shall be in accordance with practices and policies of the City's communications team; and c staff member attendance at the meeting to provide information or logistical support. If a member seeks additional staff support or the event is not held in a City building or facility, then the member shall obtain the consensus of the City Council or an affirmative vote as detailed above. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department, such as discussing a capital project within the member's district, using funds previously appropriated to that department as part of the normal budget process. Nothing in this policy prevents the Police Department from providing security for a town hall meeting if the circumstances warrant doing so or if another policy requires it Additionally, for events held in City facilities, this policy does not preclude the use of audio/visual equipment that is alreadv located in the City facility. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. This Policy does not authorize or encourage the use of City-owned buildings and facilities for Councilmember-sponsored forums and events in the 90 days immediately preceding an election if the sponsoring member is on the ballot for such election. 1 °.-J10yi L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Adopting the FY24-25 Focused Action Plan MEETING DATE: October 17, 2023 ■ Background: During its retreat on August 22, 2023, the City Council identified 11 themes and factors for success for the City, and City staff began developing a 24- month focused action plan for implementation. City staff obtained feedback from the public through a Focused Action Plan Community Survey, and the top five themes that respondents noted should receive the most or some focus were: public safety, flood protection, stormwater, land use, City budget, and affordable housing/housing affordability and homelessness. City staff drafted the FY24-25 Focused Action Plan by incorporating the Council's direction, staff input, and feedback from the public, and on September 26, 2023, the City Council received a briefing on the Focused Action Plan and its three overarching key focus areas—Govern, Envision, and Invigorate. The Focused Action Plan will allow the City to be transparent about the City's goals, with a focus on efforts needed for implementation and accountability for the results. ■ Considerations: The ordinance adopts the FY24-25 Focused Action Plan. The plan will be reviewed semiannually with the City Council, and City staff will submit semiannual performance reports to the City Council to document the City's progress in implementing the plan. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance and FY24-25 Focused Action Plan Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Remick, Ross- Hammond, Rouse, and Schulman REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 AN ORDINANCE ADOPTING THE FY24-25 2 FOCUSED ACTION PLAN 3 4 WHEREAS, during its retreat on August 22, 2023, the City Council identified 11 5 themes and factors for success for the City, and City staff began developing a 24-month 6 focused action plan for implementation; 7 8 WHEREAS, City staff obtained feedback from the public through a Focused Action 9 Plan Community Survey, and the top five themes that respondents noted should receive 10 the most or some focus were: public safety, flood protection, stormwater, land use, City 11 budget, and affordable housing/housing affordability and homelessness; 12 13 WHEREAS, City staff drafted the FY24-25 Focused Action Plan by incorporating 14 the Council's direction, staff input, and feedback from the public, and on September 26, 15 2023, the City Council received a briefing on the Focused Action Plan and its three 16 overarching key focus areas—Govern, Envision, and Invigorate; and 17 18 WHEREAS, the Focused Action Plan will allow the City to be transparent about 19 the City's goals, with a focus on efforts needed for implementation and accountability for 20 the results; and 21 22 WHEREAS, the plan will be reviewed semiannually with the City Council, and City 23 staff will submit semiannual performance reports to the City Council to document the 24 City's progress in implementing the plan; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA, THAT: 28 29 1. The City Council hereby adopts the FY24-25 Focused Action Plan, a copy 30 of which is attached hereto. 31 32 2. The City Council directs the City Manager to take the steps necessary to 33 implement the Plan and to provide the City Council and the public with periodic updates 34 and semiannual performance reports. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office PCity Attorney's Office CA16337/R-4/October 10, 2023 a- Al FOCUSED ACTION PLAN F Y 2 4 - 2 5 lit k fs The City of Virginia Beach exists to enhance the economic, educational, social, and physical quality of the community and provide sustainable municipal services that are valued by citizens. Focused and Accountable Performance The City of Virginia Beach is on a journey Virginia Beach's Focused Action Plan is to ensure that its operations and efforts are a collaborative effort that is led by the City strategic and focused.The City's FY24-25 Council's vision and leadership, influenced by Focused Action Plan translates vision and community feedback obtained from various goals into an actionable strategy that guides ongoing surveys, interactions, and other the organization's focus,work and resource engagement efforts,and reflective of staff alignment.The Focused Action Plan's contributions. three overarching key focus areas— The Focused Action Plan will be reviewed Govern,Envision,Invigorate—and underlying semiannually with the City Council to determine initiatives and performance measures allow us to if revisions are needed to maintain its relevancy. be transparent about our goals,focused in our Similarly,City staff will submit semi-annual efforts,and accountable for our results. performance reports to the City Council,and ultimately the public,to document progress on addressing the Focused Action Plan. VIRGINIA BEACH CITY COUNCIL 0 Mayor Robert M."Bobby"Dyer 1 Vacant Robert W."Worth" District 1 Remick District 6 Barbara Henley Sabrina D.Wooten District 2 District 7 Michael Berlucchi Chris Taylor District 3 District 8 Dr.Amelia Joashua F."Joash" Ross-Hammond 0 Schulman District 4 District 9 Rosemary Wilson Jennifer V.Rouse Vice Mayor District 10 District 5 FY24-FY25 FOCUSED ACTION PLAN 3 efr f � ._ FO aMN PLAN-FY?A-F3r25-,µ: _ CKPABAV4, To oversee the policy, actions, and affairs of an organization Provide direction that ensures effective and • Financial and legislative practices maximum leveraging of City resources. . Human,financial,and physical asset management •Civic and community engagement EbF010014 To imagine with clarity and detail a future you intend to work towards Plan for a responsibly built environment that • Land use preserves and protects the community's natural .Housing affordability and homelessness resources and allows for sustainable growth. Support the creation and maintenance of •Stormwater and flood protection affordable housing and a strong economy. • Economic development and vitality •Transportation and transit ININ Ic To feel healthy and full of energy Embrace compreshensive well-being by •Culture, arts, and placemaking fostering a clean, inspiring, and vibrant . Mental health environment where people feel safe and have access to amenities and services that support a • Parks and recreation high quality of life. • Public safety •Corridors and physical appearance FY24-FY25 FOCUSED ACTION PLAN 5 t IpIF x' • �` jsf• I a To oversee the policy, actions, and affairs of an organization Provide direction that ensures effective and maximum leveraging of City resources. INITIATIVES 11 Review the budget schedule and process 1.8 Continue to develop and enhance to identify and outline opportunities for: opportunities for civic engagement based (a)increasing public engagement, on residents'preferred methods identified (b)providing Council information earlier, in the 2022 Resident Survey (c)gaining Council's guidance on property 1.9 Continue to monitor employee tax rates earlier, and (d) providing recruitment and retention data to respond alternative approaches for presenting and proactively address opportunities budget information to City Council for for ensuring appropriate staffing and Council's consideration service delivery 1.2 Conduct revenue and budget forecasting 110 Enhance employee engagement, session(s)with Virginia Beach City communication,connection, and Public Schools to explore various recognition efforts financial scenarios to promote shared understanding and inform decision-making 111 Foster an organizational culture that encourages continuous improvement 1.3 With the assistance of the City's financial advisor,conduct a financial debt planning 112 Explore options and future plans for workshop with City Council to further City-owned physical assets to include inform decision-making Virginia Museum of Contemporary Art building,the Visitor's Center, and the 1.4 Complete a comprehensive review of 22nd Street Library the City's Community Organization Grant (COG), Regional Grant,and Arts and 113 Continue evaluation and optimization Humanities grant processes efforts for the management, usage, maintenance, and funding of the 1.5 Conduct a comprehensive review of City's fleet festivals and events and their associated return on investment to help inform 114 Continue progress on the Facilities the potential development of policies Inventory Asset Report to capture a regarding City support comprehensive condition assessment of all City-owned buildings 1.6 Consider developing a formal process for including items on the City's 115 Brief City Council on the timeline and plan legislative agenda for displaced City departments to return to the main Municipal Campus 1.7 Consider establishing formal requirements and process for TIP 1.16 Relocate the Police Department (Tourism Investment Program)funding headquarters to its new location on the eligibility and usage Municipal Campus FY24-FY25 FOCUSED ACTION PLAN 7 �P��W'�fi1F°Ihao MEASURES OF • Resident Survey:% rating "Excellent" or"Good" •Overall value received for City tax dollars and fees •Overall quality of services provided by the City of Virginia Beach • Effectiveness of City communication with the public • Maintain AAA bond rating • Debt as a percentage of the City's General Operating Budget • Employee turnover rate 8 FOCUSED ACTION PLAN FY24-FY25 To imagine with clarity and detail a future you intend to work towards Plan for a responsibly built environment that preserves and protects the community's natural resources and allows for sustainable growth.Support the creation and maintenance of affordable housing and a strong economy. INITIATIVES 21 Complete the 2040 Comprehensive 2.9 Complete the 2023 Virginia Beach Plan update Housing Study and provide City Council 2.2 Review and reaffirm or revise the City's strategic priorities and implementation Strategic Growth Areas(SGAs) as part recommendations of the Comprehensive Plan update to 210 Develop and present affordable housing ensure appropriate development and funding options and recommendations economic growth opportunities while to City Council preserving rural and suburban areas 211 Explore expedited planning and 2.3 Subject to funding for a consultant, development service offerings initiate a review of the Zoning Ordinance to streamline and encourage the and land use regulations and propose development of affordable housing recommendations that allow for 212 Explore potential tax abatement appropriate land uses while ensuring opportunities through state legislation the ability to protect and preserve to support development of neighborhood integrity affordable housing 2.4 Develop and propose a community 2.13 Develop and implement a public engagement toolkit for land use initiatives education and outreach campaign to 2.5 Develop a comprehensive list of increase understanding of the need for undesignated and designated City-owned affordable housing property and for properties for which 2.14 Provide recommendations from the information is known, identify original Community of One Plan for making reason for and means of acquisition homelessness rare, brief, and 2.6 Explore opportunities to increase nonrecurring in collaboration with community awareness of the benefits of Bringing An End To All Homelessness infill and redevelopment projects (BEACH)Community Partners 2.7 Identify areas for potential infill 2.15 Continue to implement the Flood development and/or redevelopment Prevention Bond Referendum through 2.8 Continue to evaluate and improve the ongoing execution of the Flood the permit application, review, and Protection Program approval processes to advance policy goals and streamline customer experiences while maintaining necessary regulatory oversight FY24-FY25 FOCUSED ACTION PLAN 9 INITIATIVES (coot) 216 Continue promoting transparency of the 2.23 Review and address recommendations bond referendum projects through City included in the Talent Pipeline Report Council briefings provided by Jacobs 2.24 Work to help create a world-class digital Engineering Group and facilitation of ecosystem to attract technical talent and the Flood Prevention Bond Referendum industries to the region Oversight Board's monthly meetings 2.25 Explore opportunities to support and 217 Launch a visualization tool on the Ripple expand alternative energy workforce Effect webpage that demonstrates how training programs in the region the Ripple Effect projects will impact flood protection 2.26 Review and update the City's Master Transportation Plan and Model to 2.18 Implement stormwater maintenance support transportation options and programs and projects to enhance modes, reduce congestion, and improve stormwater runoff resilience safe travel for the community at large 2.19 Complete Stormwater Master Plans to 2.27 Provide recommendations for the aid in addressing recurrent flooding Central Beach District for potential issues, minimize losses due to flooding, development,capital improvements, and prepare for adaptations necessary and infrastructure projects to address sea-level rise 2.28 Identify City project opportunities to use 2.20 Facilitate keystone projects and alternative energy sources programs that align with the City's economic growth strategy for 2.29 Informed by community input, develop redevelopment and revitalization options for next steps for the City's recycling program 2.21 Identify potential land plots that are ideal for industrial or business 2.30 Complete the City's portion of the development opportunities Regional Connectivity Ring (RCR)to provide jurisdictional connectivity 2.22 Work to identify opportunities for for Southside operations for the regional stormwater solutions, jurisdictions of Chesapeake, Norfolk, including the design and construction Portsmouth,Suffolk,and Virginia Beach of the 17th Street Regional Stormwater Management Facility 10 FOCUSED ACTION PLAN FY24-FY25 I MEASURES OF lk • Resident Survey:% rating "Excellent" or"Good" • Affordability of housing options in the City • How well the City of Virginia Beach is managing growth • Overall management of public stormwater runoff/drainage/flood control • Access to job opportunities that match skills • Familiarity with City's plans for development and growth (e.g., comprehensive plan) • %of renters/homeowners cost burden per U.S. Census Bureau American Community Survey • #of persons experiencing homelessness living in emergency shelters,transitional housing programs, and those living unsheltered on the street and change in beds by project type(e.g., rapid rehousing, permanent supportive housing, etc.), per annual Point in Time • Linear feet of stormwater pipe inspected and cleaned FY24-FY25 FOCUSED ACTION PLAN 11 E;< k; fk ��: ' ,k. 5 `' �•;� 4k�t 7� �!. .. . }j �•' � tea: s FOCUSED ACTION PLAN To feel healthy and full of energy Embrace comprehensive well-being by fostering a clean,inspiring,and vibrant environment where people feel safe and have access to amenities and services that support a high quality of life. INITIATIVES 3.1 Strengthen community unity and 3.7 Assess the potential to pilot a well-being through the HOPE(Helping partnership program between the DHS Our People Excel) initiative and Emergency Communications/ 3.2 Brief City Council on an overview of the Citizen Services(ECCS)in which a DHS current state of mental health services Behavioral Health Clinician is located and initiatives in Virginia Beach at the ECCS Center and assists with screening mental health-related 911 calls 3.3 Engage with the community to raise awareness of how to access programs 3.8 Use feedback from the Opioid and services provided and supported by Abatement Town Hall listening sessions the Department of Human Services(DHS) to inform opioid treatment services 3.4 Identify and assess the resources 3.9 Implement an Aging in Place pilot needed to consistently operate the program to support residents currently Mobile Crisis Co-Responder Team reliant on 911 for needs related to falls (MCRT)during scheduled hours to and lift assists support the rapid response program and 310 Conduct a community engagement effort early intervention services for individuals to develop district identities for the 10 experiencing a behavioral health crisis new Council districts 3.5 Identify and assess the resources 311 Explore and implement opportunities needed to expand integrated behavioral to partner with the community and health services in public schools small businesses to activate creative 3.6 Explore innovative approaches to placemaking and cultivate a sense of support wellness through park- identity to strengthen the civic, cultural, based pilot programs, such as park and economic environments for areas prescriptions or guided walks with throughout the city medical professionals 3.12 Conduct capacity mapping to identify potential areas for community-based revitalization projects and placemaking efforts FY24-FY25 FOCUSED ACTION PLAN 13 INITIATIVES (cost) 313 Enhance the reach and distribution of 3.19 Strengthen emergency management arts throughout the city preparedness against natural disasters 314 Explore dedicated funding opportunities and threats being sure to engage that comparable municipalities use to in community outreach activities to support culture and arts educate residents on the importance of emergency preparedness 3.15 Brief City Council on parks and recreation funding appropriations, 3.20 Complete a Law Enforcement Training funding dedications, and existing capital Academy(EFTA)study to propose potential new locations project commitments 316 Explore a bond referendum for parks and 3.21 Continue public safety efforts to ensure recreation related facilities and assets,to a safe and healthy environment for include trails and recreation centers residents and visitors 317 Secure a firm and begin the design 3.22 Conduct an evaluation of current process to transform the Rudee Loop systems, operations, and facilities for area into a first-class park experience ECCS' primary and backup sites to based on City Council guidance identify any resiliency gaps 318 Explore expanding opportunities to 3.23 Ensure equitable City service delivery offer health and cancer screenings for in maintenance and landscaping all Good Friday Miracle first responders activities throughout the city being sure to examine administrative, legal,and financial considerations 14 FOCUSED ACTION PLAN FY24-FY25 MEASURES OF • Resident Survey: % rating "Excellent" or"Good" • How safe you feel in Virginia Beach overall • Efforts to ensure the community is prepared for emergencies/disasters • Confidence in the City of Virginia Beach's ability to meet basic needs during and immediately after a natural or man-made disaster • Mowing and tree trimming along City streets and other public areas, by district • Your sense of attachment to, and pride in, your neighborhood and community, by district • Physical condition of City indoor recreation facilities • Physical condition of City parks,trails or other outdoor facilities • Availability of trails and pathways • #of individuals served through the Department of Human Services' same-day access to behavioral health assessment program FY24-FY25 FOCUSED ACTION PLAN 15 1 /-��-•-�--� y Ar�' U Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Easements in Excess of the City's Needs and 2) Authorizing the Sale of the Easements to Dominion Energy Virginia for an Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project PUBLIC HEARING DATE: October 3, 2023 MEETING DATE: October 17, 2023 ■ Background: Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy Virginia ("Dominion") is an electric utility company that is constructing the Coastal Virginia Offshore Wind ("CVOW') project to diversify its energy supply and advance the clean energy goals of the Commonwealth of Virginia. CVOW is Dominion's offshore wind project that has received approval from the federal Bureau of Ocean Energy Management and the Virginia State Corporation Commission to develop a 176-turbine wind farm approximately 27 miles off the coast of the City of Virginia Beach (the "City"), as part of state and federal clean energy initiatives. For the operation of CVOW, Dominion is seeking to run electric transmission cables approximately 13 miles from its cable landing location at the State Military Reservation, located just south of Croatan Beach, to Dominion's existing Fentress substation in Chesapeake. More specifically, Dominion proposes to run underground cables from the landing location through property operated by the Virginia Aquarium, and overhead cables from Harpers Road through City-owned property and public rights-of-way for approximately 9 miles to the border of Chesapeake (the "Proposed Easement Corridor"), much of which follows the alignment of the former Southeastern Parkway and Greenbelt ("SEPG") as shown in the City's Master Transportation Plan. Accordingly, Dominion is requesting easements (collectively, the "Easements") across 25 City-owned parcels for the construction, maintenance, and operation of underground and overhead cables and related facilities within the Proposed Easement Corridor. For the overhead portion of the Proposed Easement Corridor, Dominion is also offering the City a tree mitigation fee to clear trees before constructing the overhead cables and related facilities. The City would retain the right to maintain its existing public facilities, infrastructure, and uses that are located within the Proposed Easement Corridor, and would establish a system to efficiently obtain Dominion's consent to locate future facilities, infrastructure, and uses within the Proposed Easement Corridor that do not interfere with Dominion's facilities. The public's access to and existing use of the Aquarium, public parks, and other public areas would not be affected once construction of the CVOW project is complete. The City would also retain ownership of at least 150 feet of the 300-foot wide former SEPG corridor for future uses if desired. The location of the proposed Easements is shown on the aerial images attached to the Ordinance as Exhibit A. The terms and conditions for the sale of the Easements are set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. ■ Considerations: The Easements would enable Dominion to run electric transmission cables from its CVOW project area to its substation at Fentress in Chesapeake, ultimately enhancing federal and state clean energy initiatives. A separate easement will be obtained from the City of Virginia Beach Development Authority (the "VBDA") for a portion of the Proposed Easement Corridor that runs through VBDA-owned land. ■ Public Information: A public briefing was given to City Council on September 19, 2023. As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on September 24, 2023, and will be held on October 3, 2023. Public information will also be provided through the normal City Council agenda process. Dominion has also undertaken a public information strategy since at least 2021. ■ Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Exhibit A (Aerials of Proposed Easement Corridor), Exhibit B (Summary of Terms), Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: f�Q 1 AN ORDINANCE 1) DECLARING EASEMENTS IN 2 EXCESS OF THE CITY'S NEEDS AND 2) 3 AUTHORIZING THE SALE OF THE EASEMENTS 4 TO DOMINION ENERGY VIRGINIA FOR AN 5 ELECTRIC TRANSMISSION CORRIDOR FOR THE 6 COASTAL VIRGINIA OFFSHORE WIND PROJECT 7 8 WHEREAS, Virginia Electric and Power Company, a Virginia public service 9 corporation, d/b/a Dominion Energy Virginia ("Dominion") is an electric utility company 10 that is constructing the Coastal Virginia Offshore Wind ("CVOW") project to diversify its 11 energy supply and advance the clean energy goals of the Commonwealth of Virginia; 12 13 WHEREAS, the CVOW project includes developing a 176-turbine wind farm 14 approximately 27 miles off the coast of the City of Virginia Beach (the "City") and 15 running electric transmission cables approximately 13 miles from its landing location 16 south of Croatan Beach to the Fentress substation in Chesapeake; 17 18 WHEREAS, Dominion proposes to run underground cables from the landing 19 location through property operated by the Virginia Aquarium, and overhead cables from 20 Harpers Road through City-owned property and public rights-of-way for approximately 9 21 miles to the border of Chesapeake (the "Proposed Easement Corridor"), most of which 22 follows the alignment of the former Southeastern Parkway and Greenbelt; 23 24 WHEREAS, Dominion has requested easements (collectively, the 25 "Easements") across 25 City-owned parcels for the construction, maintenance, and 26 operation of underground and overhead cables and related facilities within the Proposed 27 Easement Corridor; 28 29 WHEREAS, the City would retain the right to maintain its existing public 30 facilities, infrastructure and uses located within the Proposed Easement Corridor and 31 the public's access to and use of public areas would not be affected once construction 32 of the CVOW project is complete; 33 34 WHEREAS, the location of the proposed Easements is shown on the aerial 35 images attached hereto as Exhibit A, and the terms and conditions of the sale of the 36 Easements are set forth on the Summary of Terms, attached hereto as Exhibit B; and 37 38 WHEREAS, the Easements would enable Dominion to construct its CVOW 39 project, which would benefit the City and its citizens by enhancing federal and state 40 clean energy initiatives. 41 42 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 43 Beach, Virginia: 44 45 1 . That the Easements contemplated herein are hereby declared to be in 46 excess of the needs of the City of Virginia Beach. 47 2. That the City Manager, or his designee, is hereby authorized to execute 48 any and all documents necessary to convey the Easements to Dominion, so long as the 49 documents are substantially in accordance with the terms set forth on the Summary of 50 Terms, attached hereto as Exhibit B, and incorporated herein, and such other terms, 51 conditions or modifications as may be acceptable to the City Manager and in a form 52 deemed satisfactory by the City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 55 of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: t e PbVid Works / al Estate CA 16 43 \\vbgov.com\dfs1\app1ications\ ' aw\cycom32\wpdocs\d014\p047\00912773.doc R-1 September 22, 2023 ,r �r P 40 PR�B�o RIB' + JP Epp 19 ar y y g SSS ; { �` ♦ F n RtPB L + -- • m� P JoPoo R� 'x' EXHIBIT DRAWING SHOWING rr - - ,► VIRGINIA iP8 E aX�Pp W PRpQ EPG 68 PROP. 140' V£PCO R R A o R� { EXHIBIT DRAWING SHOWING YPROP 3ED CITY OF o � - 0 , 9 q�O13 l LFA np m� x �p 'O -p O � p V O IIIII IIIII . . I , r � • r 44 w b� - 83 84 "� 6 B B PROP, 105' VEPCO R/W 0/ - PROP. VAR/ABLE MOTH PROP Vgpl AB E VEPCO R/W , RIW WIDTH VEPO EXHIBIT !' r DRAWING SH .# - / w r 90 A PROP. 105" VEPCO R/W -W& PRO . 05" �EPCO R/W A, - '� •`� ; -�iMrr it y"", EXHIBIT DRAWING SHOWING PROPOSED VEPCO R/W PARCELS CITY OF VIRGINIA BEACH VIRGINIA i i►.. � � f m�� �.r � ^��'� ''.�s��.s� 3,�t �_ ,� '��,�• �� ,yam ,�,: 3_�'� �4� . t � ' f _3 �•'_• ^mil ��% � ".' e� � 'p,�. s M _Z y # r . ob Ac �� 1^�+g 3b � • � � �, _ ice` . q��.p „{'� ' { i • i: ♦ - n kz •.�• 011�11111 ��.- IIIII ` i # /L W_ 2 n X � W � d A IL EXHIBIT DRAWING SHOWING PROPOSED VEPCO R/W PARCELS CITY OF VIRGINIA BEACH VIRGINIA 7OF 7 EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Virginia Electric and Power Company, a Virginia public service corporation, d/b/a Dominion Energy Virginia ("Dominion") APPROXIMATE LOCATION OF PROPOSED EASEMENTS: Portions of GPIN: 2416-98-7653 (717 General Booth Blvd.) GPIN: 2416-67-8078 GPIN: 1474-70-1578 GPIN: 1484-01-1944 GPIN: 1484-35-3250 (4153 Dam Neck Rd.) GPIN: 1484-55-0572 GPIN: 1484-76-2033 (4001 Dam Neck Rd.) GPIN: 1484-86-9245 (2068 Landstown Centre Way) GPIN: 1484-97-5796 (2020 Landstown Centre Way) GPIN: 1494-28-0615 (2061 Chicory St.) GPIN: 1494-38-5862 (2052 Aloma Dr.) GPIN: 1494-48-2858 GPIN: 1494-48-7861 GPIN: 1494-49-7063 GPIN: 1494-49-6180 (3017 Damascus Tr.) GPIN: 1494-59-0172 GPIN: 1494-59-6008 GPIN: 1494-59-9001 (2728 Holland Rd.) GPIN: 1494-68-2973 GPIN: 1494-69-9058 (1952 Maple Shade Dr.) GPIN: 1494-88-2889 GPIN: 1494-99-7202 GPIN: 2404-39-1492 GPIN: 2405-51-8502 For a total acreage of: 63.190 +/- acres The locations and width of the proposed easements will be substantially in conformance with the depiction shown on the aerial images in Exhibit A. Final location and description of the proposed easements will be on plats recorded with the easement documents. PURPOSE: Permanent, exclusive easements for the installation, maintenance, and operation of underground or overhead conduit and electric transmission cable infrastructure (the "Facilities"). CONSIDERATION: Dominion to pay the City: (i) $18,953,059.00 for the proposed easements; and (ii) $1,142,237.25 for a tree mitigation fee to clear trees within easement corridor. CONDITIONS: • The City will convey the easements AS IS, WHERE IS, and will not warrant the condition of the property as to suitability for Dominion's purpose. • Dominion will construct the Facilities underground through parcels identified as GPINS: 2416-98-7653 (717 General Booth Blvd.) and GPIN: 2416-67-8078, and do not intend to clear trees from these parcels. Dominion will construct the Facilities overhead through the remaining parcels. • The City will convey the easement through the parcel identified as GPIN: 1484-35-3250 (4153 Dam Neck Rd.) for hazard tree rights only and not for the construction of any Facilities. • If settlement has not occurred on or before November 1, 2028, the City has the right to terminate the transaction. • The City will reserve the right to continue, repair, maintain, replace, reconstruct, or upgrade its existing uses, facilities, utilities, and infrastructure within the proposed easements, including unhindered access by the City and the public to parcels identified as GPIN: 2416- 98-7653 (717 General Booth Blvd.), GPIN: 2416-67-8078, and GPIN: 1494-49-6180 (3017 Damascus Tr.). • The easement agreements will include an agreed process to more efficiently obtain Dominion's consent to the City's proposed future uses and future construction of facilities, utilities, and other infrastructure within the easements. • Dominion shall maintain insurance coverage, through its self-insurance program, or another acceptable insurer naming the City as additional insured, and provide proof thereof upon request. • Dominion shall indemnify and hold the City harmless from and against all claims, damages, losses, and expenses arising out of Dominion's installation, operation, and maintenance of the Facilities. Disclosure Statement ctryol�ama� Planning&Community Dev&pment 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 Virginia Electric and Power Company-( dba-Dominion Energy Virginia) Does the applicant have a representative? ❑ Yes f No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? f Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached list. • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) N/A '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-9101, i I '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controllingownership interest in the other business entity, ii a controlling owner in one entity p' ty,(�') 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 11.09.2,W0 11 P a F e Disclosure Statement X� Planning&Caa w ily Dleve�opment 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 Disdosure 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 M No • If yes,identify the financial institutions providing the service. 2. Does the applicant have areal 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 taut 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. I 4. Does the applicant have services from an arch itect/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 t No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. i i 2 Page P Disclosure Statement A Manning nay 6. Does the applicant have a constriction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes Ar 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 Y 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. 1�\ Applicant Signature Fallon Madrid,Manager-ET Contracts and Real Estate(Authorized Representative) Print Name and Title 9/13/2023 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. •• CITY USE ONLY/ updated that pertains to the applications No changes as of O•b signadue - Print Name ----- 3 1 P a g e Virginia Electric and Power Company Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Carr, Eric S. President - Nuclear Operations and Chief Nuclear Officer Reid, Carter M. Executive Vice President, Chief of Staff and Corporate Secretary Arnett, Corynne S. Senior Vice President- Regulatory Affairs and Customer Experience Brown, Carlos M. Senior Vice President, Chief Legal Officer and General Counsel Cardiff, Michele L. Senior Vice President, Controller and Chief Accounting Officer Green, Cedric F. Senior Vice President-Generation Lawrence, Douglas C. Senior Vice President- Nuclear Operations& Fleet Performance Locke, Robert H. Senior Vice President- Electric Distribution Mitchell, Mark D. Senior Vice President- Project Construction Murray, William L. Senior Vice President - Corporate Affairs & Communications Ridge, Steven D. Senior Vice President and Chief Financial Officer Windie, W. Keith Senior Vice President-Administrative Services Itial[itf `ILI t Woomer, Joseph A. Senior Vice President- Electric Transmission Wooten, Steve C. Senior Vice President- Information Technology Arruda, Thomas Vice President and Chief Information Officer Avram, Emil G. Vice President- Business Development Bassey, Utibe O. Vice President- Customer Experience Bennett, Joshua J. Vice President- Offshore Wind Bradshaw,Alan W. Vice President- Strategic Partnerships Chester, Elizabeth "Betsy" L. Vice President- Regulatory Affairs Duman, L. Wayne Vice President- Financial Planning &Analysis Gardner, R. Matthew Vice President- Planning and Operations Holloway, James Vice President- Nuclear Engineering & Fleet Support Johnson, Darius A. Vice President and Treasurer Jones,Ann M. Vice President- Operations Support Kinslow, Karen M. Vice President- Distribution Operations Lee,Adam S. Vice President and Chief Security Officer Miscikowski, Jeffrey G. Vice President- Project Construction Neal, James L. Vice President- Financial Management Parker, Mary"Molly"A. Vice President- Environmental & Sustainability Purohit, Prabir Vice President- Strategy Sauer, Robert W. Vice President- System Operations rYarnsr _. _ r rurs Scott, Kelly S. Vice President- Technical Services Showalter,Alma W. Vice President-Tax Stites, Brandon E. Vice President - Engineering&Construction Tomabene,Amanda "Mandy" B. Vice President- Governance and Assistant Corporate Secretary Wellener, Wendy T. Vice President- Shared Services Wright, Jr. Robert"Robbie" S. Vice President- Grid & Technical Solutions Hilbert, Lisa Site Vice President- North Anna Power Station Wilson, David H. Site Vice President- Surry Power Station Conway, Kelly K. Controller Adkins, Lauren V. Assistant Treasurer Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki,Alison M. Assistant Controller Adams, W. Matt Authorized Representative Adkins, Lauren V. Authorized Representative Adkins, Lauren V. Authorized Representative* Allen, Mark Authorized Representative Allen, Mark Authorized Representative* Allen, Mark Authorized Representative** 1'rAl11C 1 IUtt Allen, Mark Authorized Representative— Alonzo, Todd M. Authorized Representative Anderson, Trisha L. Authorized Representative Applewhite, Hunter Authorized Representative Avram, Emil G. Authorized Representative Bailey, James ('Ronnie") R. Authorized Representative Barrett, William "Willie" Authorized Representative Bauhan,Audrey T. Authorized Representative Beckett, Scott J. Authorized Representative' Beckett, Scott J. Authorized Representative Boschen,Amelia H. Authorized Representative Brennan, Michael C. Authorized Representative Carro, Daniel F. Authorized Representative Carroll, Sr, Bradley R. Authorized Representative Cooley, Keela Authorized Representative Cornwell, D. Michael Authorized Representative Cosby, Kelly Authorized Representative Crenshaw, Gregg Authorized Representative Davis, James G. Authorized Representative Eakle, Joshua D. Authorized Representative i turc Effinger, Thomas Authorized Representative Egunjobi, Chanel B. Authorized Representative Ericson, Jason P. Authorized Representative Evans, Jonathan T. Authorized Representative Faherty, Timothy R. Authorized Representative Fields, Kevin L. Authorized Representative Flowers, Todd Authorized Representative Frost, Nathan J. Authorized Representative" Frost, Nathan J. Authorized Representative Gardner-Kittrelf,Angelita D. Authorized Representative* Gardner-Kittreli,Angelita D. Authorized Representative Garrett, Robert J Authorized Representative Gayne, Elizabeth H. Authorized Representative Haislip, Karla J. Authorized Representative Hannah, Kyle D. Authorized Representative Hawkins, Jason R. Authorized Representative Haynes, Paul B. Authorized Representative Hester, Elizabeth H. Authorized Representative Hilbert, Lisa Authorized Representative Hinson, Dale E. Authorized Representative 1140111 s i Hies Holloway, James Authorized Representative Hoover, Donald Authorized Representative Humphreys, James("Bob") R. Authorized Representative Humphreys, James ("Bob") R. Authorized Representative* Imes, Richard W. Authorized Representative Johnson, IV Augustus Authorized Representative Kascsak, John J. Authorized Representative Keefer, Brian M. Authorized Representative Keno, Kyle A. Authorized Representative Keyes, Amanda E. Authorized Representative Kibler, David Authorized Representative Kostyniuk, Jennifer Authorized Representative Lawrence, Douglas C. Authorized Representative Lewis, Lisa Authorized Representative Linares, Edwina Authorized Representative Locke, Robert H. Authorized Representative Lybolt, Chris A. Authorized Representative Madrid, Fallon A. Authorized Representative Marget, III George W. Authorized Representative Marshall, Ronita Authorized Representative names 1 Iltes Mathe, Gregory E. Authorized Representative Matthews, Paul S. Authorized Representative McAfee, Charlotte R Authorized Representative McCann, Joseph Cory Authorized Representative McClung, Danielle Authorized Representative McCoy, Robert ("Bobby")J. Authorized Representative McCreight, Raymond E. Authorized Representative McGuire, Bobby E. Authorized Representative McNamara, Rebecca R Authorized Representative McQuain, Heather M. Authorized Representative Messinger, Lisa C. Authorized Representative Miller, William C. Authorized Representative Morgan, Gregory J. Authorized Representative* Morgan, Gregory J. Authorized Representative Neal, James L. Authorized Representative Parker, Mary "Molly"A. Authorized Representative Patterson, Christopher S. Authorized Representative Patton, Keith R. Authorized Representative Paulin, Brett W. Authorized Representative Pelkey, David Authorized Representative* IV t t�ltl Pelkey, David Authorized Representative Phelps, Paul Authorized Representative Phelps, Paul Authorized Representative* PicGOlomini, Dominick Authorized Representative" Piccolomini, Dominick Authorized Representative Plautz, May P. Authorized Representative Poore, David "Trip" Authorized Representative Powell, Phillip W. Authorized Representative Prestage,Amanda K. Authorized Representative Prideaux, Ruth Authorized Representative Purohit, Prabir Authorized Representative Racelis, Joe Authorized Representative Reilly, Shaun Authorized Representative Roller, Kenneth Authorized Representative Saulnier, Eric Authorized Representative Schroeder, Connie B. Authorized Representative Schuelke, Lori A. Authorized Representative Scott, Kelly S. Authorized Representative Shier, Darrell Authorized Representative Slade, Dennis A. Authorized Representative �qua Snead, Rachel W. Authorized Representative" Snead, Rachel W. Authorized Representative Spears,Anthony J. Authorized Representative Standley, Bill Authorized Representative Stevens, Sean G. Authorized Representative Stites, Brandon E. Authorized Representative Stites, Brandon E. Authorized Representative' Swenarton, John T Authorized Representative Thourogood, Dormechia Authorized Representative Topazio, Saskia M. Authorized Representative Trexler, Robert "Bob" J. Authorized Representative' Trexler, Robert "Bob" J. Authorized Representative Vitiello, Jacqueline R. Authorized Representative` Vitiello, Jacqueline R. Authorized Representative Walker, David F. Authorized Representative Walker, Wesley Authorized Representative Watson, Gaylene Authorized Representative White, Brenda C. Authorized Representative Williams, Jared R. Authorized Representative Windle, W. Keith Authorized Representative anw Workman, Gregory A. Authorized Representative 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring 1,804± sq. ft. of City-owned property located on Ferry Point Road (GPIN: 1465-19-1197) to be in excess of the City's needs and authorizing the City Manager to sell the property to the adjoining property owners PUBLIC HEARING DATE: October 3, 2023 MEETING DATE: October 17, 2023 ■ Background: The City of Virginia Beach (the "City") owns a parcel of land known as GPIN: 1465-19-1197 (the "Property") that is adjacent to 1308 Ferry Point Road. The Property is a residual parcel from a larger lot that was acquired for the Indian River Road — Phase V Project (CIP 2-080) in March 1992. The Property consists of 1,804± sq. ft. The adjacent property at 1308 Ferry Point Road (GPIN: 1465-19-2222) is owned by the heirs of Catherine Mosley and/or their representatives: Gail Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely (collectively, the "Applicant"). The Applicant desires to purchase the Property and resubdivide it into the adjacent property to create two single-family residential lots. ■ Considerations: The Applicant desires to purchase the Property for $5,000. The Property is assessed for $1,000. The Property will be sold subject to a 10' public drainage easement. The proceeds from the sale of the Property will be deposited in a transportation- related CIP, Indian River Road Phase VII-A — project #100217, as the Property was acquired as part of a state-funded project. ■ Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia will be held on October 3, 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 conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works Real Estate City Manager: (Y�' 1 Requested by Department of Public Works 2 3 AN ORDINANCE DECLARING 1 ,804± 4 SQ. FT. OF CITY-OWNED PROPERTY 5 LOCATED ON FERRY POINT ROAD 6 (GPIN: 1465-19-1197)TO BE IN EXCESS 7 OF THE CITY'S NEEDS AND 8 AUTHORZING THE CITY MANAGER TO 9 SELL THE PROPERTY TO THE 10 ADJOINING PROPERTY OWNERS 11 12 WHEREAS, the City of Virginia Beach (the "City") purchased a 32,397 sq. ft. 13 parcel of land on Ferry Point Road on March 31, 1992 for the Indian River Road— Phase V 14 Project, CIP 2-080 (the "Project"), which was a Virginia Department of Transportation 15 (VDOT) funded project; 16 17 WHEREAS, upon completion of the Project, the City owned a 1,804± sq. ft. 18 remainder of land located on Ferry Point Road (GPIN: 1465-19-1197)(the"Property") more 19 particularly described on Exhibit "A" attached hereto and made a part hereof; 20 21 WHEREAS, the Property is assessed at $1,000; 22 23 WHEREAS, the adjacent property at 1308 Ferry Point Road (GPIN: 1465-19- 24 2222) is owned by the heirs of Catherine Mosley and/or their representatives: Gail 25 Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris 26 H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely 27 (collectively, the "Applicant"); 28 29 WHEREAS, the Applicant has requested to purchase the Property in orderto 30 resubdivide it into the adjacent property at 1308 Ferry Point Road in accordance with the 31 Summary of Terms attached hereto as Exhibit "B" and made part hereof; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of 34 the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property is hereby declared to be in excess of the needs of the City 40 of Virginia Beach and that the City Manager is hereby authorized to execute any 41 documents necessary to convey the Property to Applicant in accordance with the Summary 42 of Terms attached hereto as Exhibit "B" and such other terms, conditions or modifications 43 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 i 46 Further, that revenue from the sale of the Property in the amount of$5,000.00 47 shall be received and deposited in Indian River Road Phase VII-A — project #100217. 48 49 This Ordinance shall be effective from the date of its adoption. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of 2023. 53 54 CA15833 R-1 Prepared: 9/19/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WO KS/REAL ESTATE CITY TOR E APPROVED AS TO CONTENT: UDGET & MANAGEMENT SERVICES 2 EXHIBIT "A" LEGAL DESCRIPTION FERRY POINT ROAD; GPIN: 1465-19-1197: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as "PARCEL 011-A NOT A BUILDABLE SITE CITY OF VIRGINIA BEACH 1465-19-1197" as shown on that certain plat entitled, "RESUBDIVISION OF PARCEL A-2 (INST. NO. 200310150167649), PARCEL 009A (M.B. 218 PG. 92) & PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated May 25, 2010, prepared by Ward M. Holmes Land Surveyor, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201000057520, to which reference is made for a more particular description. RESERVING UNTO THE CITY a 10' public drainage easement along the entire boundary of the Property adjacent to Ferry Point Road as illustrated on Attachment 1 , to be established as a part of the resubdivision. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Apolonio F. Fontanares and Felicitas F. Fontanares, husband and wife, Rogelio M. Guerrero and Revilla B. Guerrero, husband and wife, Amadeo C. Cacanindin and Juanita P. Cacanindin, husband and wife, dated March 20, 1992, and recorded in the aforesaid Clerk's Office in Deed Book 3071, at page 2086. Attachment 1 1 I Isw.... c•IK'J.7•q T M 1"M CF w r. F T TTIL � TN:?Q` E • nQT'>11E .LL USOORS LEI&— 1MT YIQ7 TR [�Tr � ^i E T,I` AO ^IN eVJ.1O -.•N(F) u C AIL.lNT�All(111{K) qpµ.. nJ C iY u r _ RL NIYL tiCT ow,) cJ !Es F nc n:� _`F 1_TF._ G TIF � I _ _ "� • u -TSL vx cou..0-H1HSF) S>riE �' 'eau, v IF T! r - tE ..iKlA • coH� �.T'SL�T.5[T-PN(s: M� M il.. N E 1E F 1rE rtr ! r ,S /prwY= c K ME E. I'C e 1-rT Avl I x a•"E 11E E'•7Y W.r r F THE F L T' M2 °- wet MIL E F T1i C T T ,, •.Rr R -L R •E ['!C T _ TIC ' fl r -E 1E' C T 1 r M T T11 C•TY TM uG 1 I_ HC E -E Tai[ U+L L:l,-V+ •LE -E IV,TwtJ fE t17 T: • M'• _C _ E E TC 6 I T:.[ LEI TG [ r �MYn!JNtlFAfCfYq)►IS..OJ/ 1Y Cl ONCTOI UDr'6 WA'+.WE: ILL[Ti E.MV MIT Mr L T LI •K M. --W./ W., IxC A r.F TIC +O• u+r TA TTII' r�•+I IJ 1 [11rr[Li .dIM�TIC 9 r W- ".VTQ' Y Ml C�SEgn•. RG! M.1 •!TC '1QL C .' •�.�R'o f .a,.v i£Fp:I TIL :I.Nw rA:+.411LM 1;WE'1TY I F 1 NW I.i.M I 1 1 +-[ S1nV T.•ii'.i G I. TIF C FTIf Cr ..r+n.. 6T'W NFS�)l.�.V/J ,•�••. 51 o- Y IG oLaS•T r"'Enit N+WQ'M:lti J�'.•�r M•T TIOw tlY.aT'�• •v[ '2'lli M L•r.. r..F I E•I1M [n i r. r_ C ,..,.w r �THE IF, 14[ TI T.L £ E'E C MTH,T" IA'I% - ..E FEET .k' "0 Ma'LR FIE NMI•.I•r�.►T.-.!C T^TRYTF.L+rvE .Nlw-NY'!�u ---_— "'.L •.L-C"[T.I E LE.a E 7 fIT E.-I fT I TO i 'a'N�xxk�x.-rni -I r�aS OrL ��A x^ IQ rlt C IT, _ _ _ _ LHy� LI - F MC 1T! I I n •LL.H JA.:. f I - 1r ^I}' I•��ll[r�rlLa.L_ITx! -C Ci I TI[L I 1 -I M M 1f r - -• 1 ? Mc YRr QN+.✓i1!NLM M WF:'JF Ms M Cwl. �:r+r•'16C:,TL I:AL 41n?D+::[ --IFS ANrSR+r'L.v !dl' JWIY.O'iLT CMICC4!C!' MRwi YLKILT.COn+_M'CTl! 'hIRN w�C]MW+.-LEI eN[w AYSA JR•.AJN�.Y.rx» ..+. .TTi1D+IK.T UVi III':.. •aY J:.F Il. MC. C.N•NSTrE_M H. Lar A-1-F! eh YnIYILL.. �C anwn M1 I'm Can tN'S CeI1C[4 M.F+.:JIr-�u xT[I TN!CRI T NIIrJxM � S ?16JA N�II hY1ol JSY:a. sN�xxurx wxx.. Z 1 a'Y>wIT-���rwa _ 1 10' Drainage easement to be reserved g711rrnsvr+FcaLo M••Jv�7 __nfr or..r.•J..a '• a 5u6'3VI510A PLAT ..w-n.s.� OF M r .0 6nrr M-i M[ ,•1 1 r,. . R `•[.+. .,M'•'VT LM A-1 E .r r T1e-'u.• �•T a•n TnE -r.ry •rune I - I Lr- IE N •L TIE I E +rT (INS LR. 200310'501 57fr4P) rNc r Err - ME.u.E .'. 'S�16CI'JI510N OF PhRi EL IA' xr a hi;'n'L 1.11.f.E �T .a v. A PART OF PROPERLY OF EL.51E 5%00W �.Nr.n. L.T a 4T- I la. ,-.1- 1 .F Md H T vt RrINA DEACN, vIVIVIA SC ALE; 1'-2d APRIL '7. 2020 wl. :�E J,ecT�..an a+Ee:p.ee.c•'aw+aGl. `>.,T:. j M S A n � e .v naTe ����1� I,r,... .•wu:s...a �r.>r.�c nxwNY,nn M. x�n'll.w</I •+W.IN• � . .,.aw r,.. xann l.nw -µ••I_+r.k.ra A"f'N..A.,.: VA 1 !!�� �m.N.•m.GNP r c.s xn ,NY 1.11C 'LL S/QI T aF 2 r.'w:W(V WJx.TJNC. JL2T ^4 EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: The heirs of Catherine Mosley and/or their representatives: Gail Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely CITY PROPERTY TO BE ACQUIRED: 1 ,804± Sq. Ft. (0.041 acre) of City property located on Ferry Point Road (GPIN: 1465-19-1197), more particularly described on Exhibit A SALE PRICE: $5,000.00 CONDITIONS OF SALE • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • Buyer shall adhere to all zoning ordinances and City Code requirements. • City will reserve a 10-foot public drainage easement along Ferry Point Road as illustrated on Attachment 1 to Exhibit A. • Buyer shall resubdivide the Property into the adjacent property located at 1308 Ferry Point Road and vacate interior lot lines. • Buyer shall be responsible for its own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 45 days from the approval of the resubdivision plat, unless extended by the City Manager. Approval of the sale shall be revoked if closing has not occurred on or before December 31 , 2024, unless extended by the City Manager prior to such date. 177� I -10 z T-1 N W E ,;ji 44 �j- �, r.r � � ��• is "`"`„ �R • L4O LOCATION MAP Le end Cry , - it ,.� - .. EXCESS CITY PROPERTY �q� �►'1465-19-2222 GPIN 1465-19-1197 . C � ,� •� �► 1465-19-1197 A � City Properties Y �, { Feet 1 0 50 100 200 repare y F.W./Eng./Eng. Support bervices ureau i es ity roperty ev 9-b-2J Aerlal,mxc . N Z W E S VF,�F O j � 0 0 00 0 0 LOCATION MAP Legend ctiiS�q o EXCESS CITY PROPERTY Q 1465-19-2222 tiC�, GPIN 1465-19-1197 1465-19-1197 Feet City Properties 0 50 100 200 repare y P.W./Eng./Eng. Suppof x:\GADD\Projects\ARG Files i y ropeRev 9-6-23.mxc Pill F wX n Disclosure Statement VA-, a ryl 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 Heirs of * Applicant Name Diane Mosley, Gail Lawrence, Glinder Mosley,Wilbert Mosley, Bernadette Ponder, Dennis *Donnelle Mosley, Lamont Mosley,Tyronne Mosley&Jewell Mosley Mosley Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. Morris H. Fine,attorney and Michael Hipps,Attorney 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. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement f } x, 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 E 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 E 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 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • 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 isc sure Statement 30U it14,t, ,I?vt: I Dev Balop ae 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H. Fine and Michael Hipps,counsel in connection with partition suit and variance application Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Morris H. Fine and Michael Hipps Acting as Special Commissioners on behalf of Applicants/Owners duly appointed by Court Date Is the applicant also the owner of the subject property? E 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 t Name Revised 11.09.2020 3 1 P a g e Disclosure �t�terne�tt ; 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 El190 • 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 D-No • if yes,identify the firm and individual providing the service. MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes G-Ko • If yes,identify the firm and individual providing the service. Morris H.Fine and Michael Hipps Applicant Sienature 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 Gail Lawrence Print Name and Title Date Is the applicant also the owner of the subject property? Ries ❑ No 0 If yes,you do not need to fill out the owner disclosure statement, FOR CITY USE ONLY/ Council that pertains to the applications No changes as of Date Signature Print Name 3 � % /t sy s rMIr Ya a,, ra' - a3 ✓ - - a' ...rii - z f , i , t F 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. MSA, P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. Morris H. Fine and Michael Hipps 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. uj�l►srw� �N2 c�y�er�id�- IG�nnc11C Nt,SIP,.� lr.►.•►+ r'tA►*y� T,�r►r r ►yr -.►o r'�'y�' Applicant Signature Michael Hipps, POA for Dennis Mosley&Wilbert Mosley and as Special Commissioner for Donnelle Mosley, Lamont Mosley,Tyronne Print Name and Title Mosley and JewellMosley 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 ONLY/ be updated that pertains to the applications No changes as of Date Signature Print Name Revised.t1,09.2020 3 Disclosure Statement W City of Vimmia& ch 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 Heirs of Applicant Name Diane Mosley,Gail Lawrence,Glinder Mosley,Wilbert Mosley, Bernadette Ponder, Dennis *Donnelle Mosley,Lamont Mosley,Tyronne Mosley&Jewell Mosley Mosley Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Morris H.Fine,attorney and Michael Hipps,Attorney 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. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09 2020 1 � Disclosure Statement I& Ny of wrwrw&+xdt Planning & Community ��. Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 9 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. 2 � Disclosure Statement XB My or VhVM Bwch Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Morris H.Fine and Michael Hipps,counsel in connection with partition suit and variance application 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 Morris H.Fine and Michael Hipps Acting as Special Commissioners on behalf of Applicants/Owners duly appointed by Court 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 i' Disclosure Statement X13 Aty qrWrod•Mvh Planning &Community Development Owner Disclosure Diane Mosley,Gail Lawrence, Bernadette Ponder, Donnelle Mosley, Lamont Mosley Owner Name Tyrone Mosley,Jewell Mosley, Wilbert Mosley and Dennis Mosley Applicant Name Same as Owners Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes In No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 3 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. 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. 5 � Disclosure Statement / 13 Gl1v 0f W*W Bench 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 E! 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. 61 Disclosure Statement 113 MY errybik Back Planning &Community Development 4 _ 8. Is the Owner receiving lega/sees n connection with the subject of the application or any business operating or to be operated on the property? ❑ 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, 1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature A G/)t nl a Print Name and Title Date Revised 1109.2020 7 ( P a g e .; l�plfi>>>,r jf�.l•1� �- � 7 -} �� �. � r st r � h tiit•iy vgf �;`� 4 - .� �� � ,�i.. Vj. '� xYR>4f 4 `t''"-tk,r•� tTy •� �'t7 d ti Jr. �'• y.. i r �'r z#Lrk n iM �� wr.n,i , if Ir P �1.� !f�}!`a_�� < 'rt � .r j? 3 ( ,�,n �3Fy „p�..nt��dt �'r t�*'y't't Jy ,s ��.�-•�af!'1r-,���°.3 u rhs.�_- �S�k7•Rti,��'{ i �{. � i m � ru�.• .�...,4�r,� -y. 1 r.ICJ.=- � �,'J,i 7 i'S7s" •s •.� � ���f�ft�'�,�tt��C f , a:�'r.��''tlF_s'-42��Y ��r9rsr �i t� t�Ft � f. S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ 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 bod or committee in connection with this application. Lo�- -- - Owner Signature Ga;\ UQY-&nG: - I -I I -�.� Print Name and Title Gail Lawrence Date Revised 11.09.2020 7 1 P a g e t m rM Is the Owner receivi _,..:, opee►ated° pe�selass Ih connection with the subject of the application or any business oPQ—*dn8 or to be a n the Property?■Y If Yes,identffy the firm NO Morris H.Fine&M rm end l"dtWduai providing legal the service, kha.1 Hipps Own I certify��aft of the i I understeoi that, upon recei nf`or n°-^tamed in this Disclosure Statement Form Is complete,true,and accurate• flee info Pt of matron tfW the application has been scheduled for public hearing,I am responsible for Board In any Provided�n two weeks for to the meeting of Planning Commission,City Council,V804,CSPA►.We*Mds Y Publk body or wee in connection with this application. �2 � � Owner Signature Print Name and Tide /- /6 -a d"V Date Y T J .:� �' �'� 4 aF I,X.ai �' � ���� frya% y Lli •r� �#*r Y`W a � c't r '+4.(Aw Y'xcco ' ""i+"S Y"" - •• ,~ Nu CITY OF VIRG.IINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 10' City Maintenance Easement and a 100' City Drainage Easement located on 924 Sandoval Drive MEETING DATE: October 17, 2023 ■ Background: Christopher M. Riley (the "Applicant") has requested permission to maintain a wood fence, a concrete pad and driveway, a frame shed, and a pool area in the City's 100' drainage easement and 10' maintenance easement (collectively, the "Temporary Encroachment") located on the Applicant's property at 924 Sandoval Drive (GPIN: 2414-68-3295). The Applicant found out about the existence of the City's easement during construction of the pool. The Applicant asserts that the failure of their contractor to obtain permits has resulted in the placement of the pool within the easements. If approved, the City will continue to have its easement rights should it need to access the waterway. ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: M 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 10' CITY MAINTENANCE EASEMENT AND 6 A 100' CITY DRAINAGE EASEMENT, 7 LOCATED ON 924 SANDOVAL DRIVE 8 9 WHEREAS, Christopher M. Riley(the "Applicant") has requested permission 10 to maintain a 159.81 LF wood fence, 609 sq. ft. of concrete area, a 10.3' x 12' frame shed, 11 and 214 sq. ft. of pool area within the City's 100' drainage easement and 10' maintenance 12 easement (collectively, the "Temporary Encroachment"), located on the Applicants' 13 property at 924 Sandoval Drive (GPIN: 2414-68-3295); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's easements subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs, assigns 24 and successors in title are authorized to maintain the Temporary Encroachment within the 25 City's easements as shown on the map entitled: "EXHIBIT A SHOWING POOL, 26 CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE & CONCRETE 27 DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT AND 28 CONCRETE DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT 29 AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE 30 & FRAME SHED ENCROACHING INTO THE CITY'S 100' DRAINAGE EASEMENT LOT 31 1455 SUBDIVISION OF RED MILL FARM (PHASE 1) SOUTH SHORES ESTATES 32 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated July 18, 2023, prepared by Tim 33 Fallon Land Surveying, PLLC, a copy of which is attached hereto as Exhibit A, on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda, and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicant and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: r� y �J P B IC WOF2 S / REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA16059 R-2 Prepared: 9/15/2023 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d014\p047\00912662.doc THIS 1S TO CERTIFY THAT I, TIMOTHY M. FALLON A LAND SURVEYOR, ON 03-24-2023 SURVEYED THE PROPERTY SHOWN ON THIS PL AT, AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDING AREAS SHOWN ON THIS PL AT. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TI TL E LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS, EXCEPT AS SHOWN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEF/T OF A TITLE REPORT AND CONSEOUENTL Y MAY NOT DEPICT ALL MATTERS AFFZ THE TITLE OF THE PROPERTY SHOWN SIGNED: P\.�H OF TIMO THY M. FA L ON L/C.1/659 = / THIS PROPERTY SHOWN ON THIS PLAT APPEARS TO FALL IN O IJi? FLOOD ZONE X AND FLOOD ZONE AE(EL 3)"AS SHOWN o TIMOTHY M. FALCON ? ON THE FLOOD INSURANCE RATE MAP, COMMUNITY 515531 U No. 1659 D PANEL 01386 DA TED 0/-/6-2015 0 7-18-2023 CURVE TABLE CURVE DEL TA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C/ 28°3%31" 8.48' 4.22' 2.16' 4.18' N 2601227'E C2 59044'05" B.48' 8.84' 4.87' 8.45' N 70020%5"E C3 26000 52" 8.49, 3.85' 1.96' 3.82' N 830/8 59" W C4 39041W' 7.38' 5.11' 2.66' 5.01, N 840/4'40"E C5 49002W 7.38' 6.32' 3.37' 6./3' S 51023 35"E C6 /7034 43" 7.I5' 2./9' 1.1/' 2.19' N 27036%0"W C7 31026'02" 5.39' 2.96' /.52' 2.92' N 52°0633"W CB 3902425" 6.99' 4.81' 2.50, 4.72' S 4800722"E C9 37006%l" 6.99' 4.53' 2.35' 4.45' S 09052'04"E C/O /3018V 7.05' /.64' 0.82' 163' S I8030'08" W C// 5/001'07" 7.05' 6.28' 3.36' 6.07' S 50039 47" W C12 54`O852" 6.96' 6.58' 3.56' 6.34' N 76°45%3"W C/3 24 010%6" 8.75' 3.69' /.87' 3.66' S 52045 24"E C14 3404956" 8.75' 5.32' 2.74' 5.24' S 8201520"E C15 40007'06" 10.50' 735' 3.83, 720' N 8800832" W C16 73o39 36" 8.48' /0.9/' 6.35' 10.17' N 24053 07"W C17 604253" 59.62' 6.99' 3.50' 6.98' N1800624"E Cl8 7°2B3I" 2/82' 2.85' 1.43' 2.85' NI6`5500"E L INE TABL E LINE BEARING D/STANCE LI* N 760I252 W 25.58 L2* S I3047'08' W /07./I' L3* S 6402053"E 4,33' L 4* S 25039 07 W 109.45 DENO TES TIE DIMENSIONS EXHIBIT A SHOWING POOL, CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE Q CONCRETE DRIVE, LEGEND ENCROACHING INTO THE C/TY'S/0'MAINTENANCE EASEMENT O PIN SET AND • PIN FOUND CONCRETE DRIVE, CONCRETE PAD X COMPUTED POINT AREA SURROUNDING THE POOL, FENCE Q FRAME SHED ENCROACHING BOUNDARY LINE AS SHOWN INTO THE ON RECORDED PLAT CITY'S/00'DRAINAGE EASEMENT BUILDING L INE L O T/455 SUBDIVISION OF EA SEMEN LINE RED MIL L FARM(PHASE I) SHEET I OF 4 SOUTH SHORE ESTATES VIRGIN/A BEACH, VIRG/NIA PL A T REFERENCE: M.B. 238, PG. 60 It TIM FA L ON L AND SUR VE KING, PL L C DATE: 07-18-2023 15139 CARROLL TON BL VD, DRA WN B Y: MAD SUI TE C, P.O. BOX 189 JOB Z 22217 CARROLL TON,VIRGINIA, 23314 0 o TIMOTHY M. FALLON v No. 1659 D LOT 1431 LOT 1432 I 07-18-2023 PIN S PR/V,q TE (INACCESS/8LE) EASEMENT DRAINAGE C4N0 SUR'4'�yall,- (MB.23B, PG 60) I S 6402053"E 11026' PlN 50'OF/00' (INACCESSIBLE) DRA/NA GE EASEMENT (M.B.23B PG 60) O Z -'j �� 'ti FENCE rli v0 TOP �i /N 0.2'n _ - - OF BANK- -- W P/N(F) _m 2 4 WOOD FE CE SHE oZ LOTI455 /0.3' /4.3' /D'MAINTENANCE ►� EASEMENT p (M6.236, PG 60) W a POOL � I O o � CONCRETE PAD: 3 LOT/456 rr, SURROUNDING:SHE:PQOL; (AD I � WOOD FENCE OUT l.O' Z 4' WOOD 9.5, 'N 9iv4.8 N /6.8' b LOT 1454 c„ N N N N o m FENCE N : 3 O I °p 2 S TOR Y BRICK rr, FRAME HOUSE h I 1924 WOO FENCE.: FENCE 9.7' //v 0.6, 0 14.5 c6 c6 22.2' )6.4 n 5'PR/VATEEA EMENT c 38. PG.601 .8.2 � w (M CONCRE'rE TELEPHONE DRI VEWA:Y: ✓UNC TION BOX(3) O PIN(F) L=4 6.60' 5'PRIVA TE DRA/NAGE EASEMENT R=225.00' N 64°2053 (MB'238, PG 60) SANDOVAL DRIVE P/N(F) (50'R/W) ® HATCH DENOTES AREA (M.B. 238, PG 60) OF ENCROACHING CONCRETE= 609 SO.FT. ® HATCH DENOTES AREA OF ENCROACHING POOL=214 SO.FT SHEET 2 OF 4 PLAT REFERENCE- M.B. 238, PG. 60 TIM FAL L ON LAND SURVEYING, PL L C DATE.• 07-18-2023 0' i0' 20' 40, 15139 CARROLL TON BL VD, DRAWN BY' MAD It SUITE C, P.O. BOX 189 ✓OB Z 22217 GRAPH/C SCALE.•/-20' CARROLLTON,VIRGINIA, 23314 OF o _ o TIM TO HY M.FALLON Z U No. 1659 D N/F N/F LOT 1431 07-18-2023 BHA VESH PA TEL & L OT 1432 Q 1NAX1 BHA VESH PA TEL CHARL ES HERR 8 4^'0 SUR14Ey,3 GP1N/2414-68-4424 MOLL Y J. HERR INSF/20060112000067110 GPIN of 2414-68-4491 D.B. 4728, PG 1868 S 64`2053"E 110.26' O O APPR \ F O/c- 5 PR/VA TE D AR /AG fQ EASEMENT E B.23B, PG.60) �P OF 6ANN I 77.41 LF WOOD FENCE _— Z ENCROACHMENT INTO p EASEMENT FENCE IN 0.3 LOT 1455 50'OF/00' CHRIS TOPHER M. RILEY m DRAINAGE GPIN/2414-68-3295 cZj I (M.B. 2 BASEMENT INS T.1201707I9000605030 PG 60) O� n� O I /0"WAIN Z2 Z EASEM y n (MB. ENT ti p 23B, PG 60) w V G Cj4 CT3 C12 0 o C15 . m CONCRETE PAO Q Y N O v SURROUNDING THE POOL m O O � V O O I STEPS J p r i / WOOD DECK / ® HA TCH DENOTES AREA OF ENCROACHING CONCRETE= 609 SO.FT. ® HA TCH DENO TES AREA OF ENCROACHING POOL=214 SO.FT SHEET 3 OF 4 PLAT REFERENCE: M.B. 238, PG. 60 F e TIM FALL ON LAND SURVEYING, PLLC DATE: 07-18-2023 0' 5 /0' 20 n 15139 CARROLL TON BL VD, DRAWN BY.- MAD \��� SUI TE C, P.O. BOX 169 JOB,{22217 GRAPHIC SCALE:/'=/o' CARROLL TON,VIRGINIA, 23314 ��P��H OF 0 o TIMOTHY M. FALLON U No. 1659 D 07-18-2023 <qho SURIJO N/F L 0 T 1432 CHARL ES HERR Q MOL L Y✓. HERR GPIN,4 2414-68-4491 D.B. 4728, PG 1868 W Z W � O Z J h FENCE 14.91 LF WOOD FENCE //V 0.2' ENCROACHMENT INTO v h EASEMENT Z FRAME SHED 124 SO.FT. O h m O `\' 30� EXHIBIT A SHOWING CONCRETE POOL, CONCRETE PAD AREA •DRIVEWAY ' . SURROUNDING THE POOL, • PAD FENCE A CONCRETE DRIVE, ENCROACHING INTO THE C1TY'S 10'MAINTENANCE EASEMENT AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE Q FRAME SHED ENCROACHING INTO THE CITY'S 100'DRAINAGE EASEMENT L 0 T 1455 ® HA TCH DENO TES AREA SUBDI VISION OF OF ENCROACHING CONCRETE= 609 SO.FT. RED MILL FARM(PHASE If HA TCH DENO TES AREA® OF ENCROACHING POOL= 214 SO.FT SHEET 4 OF 4 SOUTH SHORE ES TA TES VIRGINIA BEACH, VIRGINIAPLAT REFERENCE: M.B. 238, PG. 60 e TIM FAL L ON LAND SURVEYING, PL L C DATE: 07-18-2023 O' 5' /0' 20' 15139 CARROLL TON BL VD, DRA WN B Y.• MAD SU1 TE C, P.O. BOX 189 JOB 4 22217 GRAPHIC SCALE:/`-/0' CARROLL TON,VIRGIN/A, 23314 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of30411� , 20,?�3, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTOPHER M. RILEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "1455" as shown on that certain plat entitled: "SUBDIVISION OF RED MILL FARM SECTION 22 PHASE ONE / SOUTH SHORE ESTATES PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 60', dated July 20, 1994, prepared by Basgier and Associates, a Professional Corporation, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at pages 60, 61, 62 and 63, and being further designated, known, and described as 924 Sandoval Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain a 159.81 LF wood fence, 609 sq. ft. of concrete area, 10.3' x 12' frame shed, and 214 sq. ft. of pool area, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 10' CITY- OWNED MAINTENANCE EASEMENT (NO GPIN ASSIGNED) 100' CITY- OWNED DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2414-68-3295 (924 SANDOVAL DRIVE) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City easements known as a 100' drainage easement and 10' maintenance easement, collectively, the "Encroachment Areas"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Areas. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Areas as shown on that certain exhibit plat entitled: "EXHIBIT A SHOWING POOL, CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE & CONCRETE DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE & FRAME SHED ENCROACHING INTO THE CITY'S 100' DRAINAGE EASEMENT LOT 1455 SUBDIVISION OF RED MILL FARM (PHASE 1) SOUTH SHORES ESTATES VIRGINIA BEACH, VIRGINIA," Scale: 1" = 10', dated July 18, 2023, prepared by Tim Fallon Land Surveying, PLLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Areas in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 924 Sandoval Drive, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 924 Sandoval Drive. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHRISTOPHER M. RILEY, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: ST PHER M. RIL STATE OF Ai�7/N/A CITY/COUNTY OF t iaii! LAC , to-wit: The foregoing instrument was acknowledged before me this 2r day of , 2023, by Christopher M. Rile: otary (SEAL) Public J NCB ,fir• o . Notary Registration Number: � �1'fs'� �; �' � �••p My Commission Expires: 03 -3/- Zo�7 Z A ka APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P L C WOR ./ REAL ESTATE A YER T ( ENIOR CITY ATTORNEY 17 THIS IS TO CERTIFY THAT /, TIMOTHY M. FALLON A LAND SURVEYOR, ON 03-24-2023 SURVEYED THE PROPER Y SHOWN ON THIS PL A T, AND THA T THE T/TL E L/NES AND THE WAL L S OF THE BUILDING ARE AS SHOWN ON THIS PLAT. THE IMPROVEMENTS STAND STR/CTL Y WITHIN THE T/TLE L/NES AND THERE ARE NO ENCROACHMENTS OR VIS18LE EASEMENTS, EXCEPT AS SHOWN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND CONSEOVENTL Y MA Y NO T DEPIC T AL L MA T TERS ?Z� T1 THE T/TL E OF THE PROPER Y SHOWN SIGNED: TIMO THY M. FAL L ON L/C.f/659 .� / THIS PROPERTY SHOWN ON THIS PL A T APPEARS TO FA L /N 0 �y FL DOD ZONE 'X'AND FL 0OD ZONE 'AE(EL 3)"AS SHOWN TIMOTHY M. FALLON Z o ON THE FL 0OD INSURANCE RA TE MAP, COMMUNITY 515531 L) No. 1659 PANEL 01386 DA FED 01-/6-2015 07-18-2023 P gti0 SUR,40 CURVE TABLE CURVE DEL TA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEAR/NG C/ 2803/3/" 8.48' 4.22' 2.16, 4.18' N 26'/2?7'E C2 59044 05" 8.48' 8.84' 4.87' 8.45' N 70020%5'E C3 26000'52" 8.49' 3.85' 1..96' 3.82' N 8301859"W C4 39'4I%0" 7.38' 5.11' 2.66' 5.0/' N 84014 40'E C5 49'02%B' 7.38' 6.32' 3.37' 6.13' S 5102335'E C6 /7`34 43" 7.15' 2.19' I.It, 2.19' N 27036'IO"W C7 31026'02" 5.39' 2.96' 1.52' 2.92, N 52'0633"W C8 39024?5" 6.99' 4.81' 2.50' 4.72' S 48'07?2'E C9 37006%l' 6.99' 4.53' 2.35' 4.45' S 09052 04"E C/0 /3'/8%/" 7.05' /.64' 0.82, /.63' S/8030 08"W C/I 51'01'07" 7.05' 6.28' 3.36' 6.07' S 50'39 47'W C12 54008,52. 6.96' 6.58' 3.56' 6.34' N 76 445%3"W C/3 24010%6' 8.75' J.69' 1.87' J.66' S 52'45%4'E C14 3404956" 8.75' 5.32' 2.74' 5.24' S 82'/5?O'E 4FI5 40'07 06' 10.50' 735' 3.83' 7.20' N 88008 32"W C16 73039'36" 8.48' 10.91' 6.35' 10.17' N 24'53 07'W C17 6'42 53" 59.62' 6.99' -5/.43 50' 6.98' N/8006W E Lc/87'2831" 21..82' 2.85' ' 2B5' N 16055'00"E L/NE TABL E L/NE BEARING alAVICE L/* N 76012 52 W L2* S/3'4708 W L3* S 64'2053 E L4* S 25'39 07 W * DENO TES TIE DIMENSIONS EXH/B/T A SHOWING POOL, CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE& CONCRETE DRIVE, LEGEND ENCROACHING INTO THE C/TY'S 10'MAINTENANCE EASEMENT O PIN SET AND • PIN FOUND CONCRETE DRIVE, CONCRETE PAD * COMPUTED POINT AREA SURROUNDING THE POOL, FENCE Q FRAME SHED ENCROACHING BOUNDARY LINE AS SHOWN INTO THE ON RECORDED PL A T C/TY'S 100'DRA/NA GE EASEMEN7- 8 UIL DING L 1NE L OT 1455 SUBDIVISION OF EA SEMEN LINE RED MILL FARM(PHASE/) SHEET I OF 4 SOUTH SHORE ESTATES , PL A T REFERENCE. M.B. 238, PG 60 VIRG/N/A BEACH VIRG/NIATIM FA L ON L AND SURVEY/NG, PL L C DRA WN B Y.- MAADD DATE.• 07-/8- / I 15139 CARROL L TON BL VD, ino 1 00017 \\`�/ ( SUITE C, P.O. BOX/B9 Z H OF o � o TIMOTHY M.FALLON U No. 1659 D LOT 143I LOT 14M P/N 5'PR/VATS DRA/NAGS 07-18-2023 (/NACCESS/BLE) EASEMENT I 4N y — — (4.B.23B, PG SURVE 60/ `S 64°2053`f //026' P/N DRA/iyq r,Of /NT E• A O (INACCESS/BL E) EASEME (M.B238, PG6.0) _ p ` � 'YEDG P/N(F) 2 PR �E�WEER %FENCE �� .ti 2 TOP OF BANK Z h /N 0.2' PIN(F) 2 � 4 WOOD FE CE SHE o Z L OT 1455 t,r 10.3 14.3' /D'MAINTENANCE � EASEMENT O (MB.238, PG 60) A v POOL lW O I O LOT/456 CONCRET4 PAD: ? n S(✓RI OUNIJ/NG:rHE:POOL co WOOD DECK FENCE h OUT Z 4 WOOD 9.5' iV N4.8 N /6.8' b L or 1454 FENCE N N N N o I o a; 2 STORY BRICK ^� f i FRAME HOUSE hi ° � I h 7Y00 vOi FE/VCE:: FENCE 9.7' /N 0.6' p 14.5 �6 kd 22.2' 16. a 'PR/VATE DRA/NA GE 77 EASEMENT � O (M.B.238, PG.60) CONCRETE TEL EPHONE DRIlFEl4/A Y ✓UNCT/ON BOX(3) O 5'PR/VAT PIN(F1 L=46.60' EASEMENT DRAINAGE f — R 225.00, N 64 020 53` (Af.,B PG 60 SANDO VAL DR/VE PIN(F) ---- (50'R/W) HA TCH DENOTES AREA (M.B. 238, PG 60) OF ENCROACHING CONCRETE- 609 SO.FT. ® HA TCH DENOTES AREA OF ENCROACHING POOL=2/4 SO.FT SHEET 2 F 4 PLA T REFERENCE.- M.B. 238, PG. 60 F � TIM FALL ON LAND SURVEYING; PLL C DATE.•07-18-2023 0' i0' �0' 40' 15I39 CARROLL TONBL VD, DRAWN BY.;,MAD SUITE C, P.O. 8OX/89 P�-T H OF ? 7 o o TIMOTHY M.FALLON 1 J No. 1659 N/F LOT 1431 N/F 07-16-2023 BHA VESH PA TEL Q L OT 1432 ( P 1NAX1 BHA VESH PA TEL CHARL ES HERR B 4N0 SUR`1� GP1N f 2414-68-4424 MOLL Y J. HERR /NST.f 20060112000067110 GP/N f B414-68-4491 D.B. 4728, PG 1868 S 64°2053"E 11026' APPRO O E ` \ 5'PRI,V �— �grEiQ EASEMATEORA/NAGS I \ \ ENT/iyg 238, PG 6p/ \ \ \ TOP _ OF S44W Z I 77.41 LF 111000 FENCE Z ENCROACHMENT INTO p EASEMENT FENCE IN 0.3 LOT 1455 50'OF/00' CHRISTOPHER M. RIL EY w ORA/NgGE SPIN f 24/4-68-3295 EASE INS7'.f 20170719000605030 B. 238, PG 60/ Or 0 0 y 10 MAINTENANCE EAS GMENT yob � 60/ a c� CI4 C�3 00 C15 C/2 o N CONCRETE PAD n b Oo 0 SURROUNDING THE.POOL ko J o ~ pap I STEPS oQZ a ro WOOD DECK ® HA TCH DENO TES AREA OF ENCROACHING CONCRETE- 609 SO,FT. ® HA TCH DENO TES AREA OF ENCROACHING POOL- E14 SO.FT SHEET 3 OF 4 PL AT REFERENCE: M.B. 238, PG. 60 �a TIM FAL L ON LAND SURVEYING, PL L C DATE.• 07-/8-AD D' 51 /O' 20' F �tl l 15139 CARROLL TON BL VD, DRAWN BY.;,MAD �/ I SU/TE C, P.O. BOX 189 �F,P`-�H OF o �y o TIMOTHY M. FALLON U No. 1659 D 07-/8-2023 <4ND SUR'E�O9- N/F L Or 1432 CHARLES HERR 8 MOLL Y J. HERR GPIN,/24/4-6B-449I D.B. 4726, PG I868 Z h W � b � FENCE 14.91 L F WOOD FENCE /N 02, ENCROACHMENT INTO V h EASEMENT FRAME SHED \ h 124 SO.FT. �o b m O � a � Q oej 4 h �Q� L 3 `' EXHIBIT A SHOWING CONCRETE POOL, CONCRETE PAD AREA DRIVEWAY �* SURROUNDING THE POOL, PAD FENCE d CONCRETE DRIVE, ENCROACHING INTO THE C/TY'S/0'MAINTENANCE EASEMENT AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE 9 FRAM£SHED ENCROACHING INTO THE C/TY'S/00'DRAINAGE EASEMENT ® NA TCH DENOTES AREA LOT/455 SUBDIVISION OF OF ENCROACHING CONCRETE= 609 SO.FT. RED MILL FARM(PHASE/f ® HA TCH DENO TES AREA SOUTH SHORE ESTATES OF ENCROACHING POOL=2/4 SO.FT SHEET 4 OF 4 SOUrVIRGIN/A BEACH, rAT ES IA PL A T REFERENCE.- M.B. 238, PG. 60 07-/9-20 DA TE.• 23 O' T/M FA SURVEYING, PLL C 5' /O' 20' I (( /5139 39 CARROARROLL TON BL VD, DRAWN BY.- MAD \ SUITE C, P.O. BOX 189 J , 1 41, IL lip- `01 ♦ '• �� � �� yet `� .�� �` �♦�. Legend 2414-68-3295 City ' I r � . ; • Property1 1 11 11 y r N / W E / NwAm \ o , C FAR O ,,00 10' Maintenance Easmen ,' / f w `C mC O \ 5 O \ LOCATION MAP ENCROACHMENT REQUEST FOR CHRISTOPHER M. RILEY Legend �� 924 SANDOVAL DRIVE 2414-68-3295 4 GPIN 2414-68-3295 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 07/26/2023 XACADD%Projects\ARC Files\AGENDA MAPS\2414-68-3295\2414-68-3295.mxc ^tip. +y{v xe»�} IWAa + ,�. � '�` •g+'' �"" '� ,. � �� ��,�, -�{ :erg �t.s i 2'w,� �'�. !�.*'�ip" w-k'r"b'`y.�' , T�` -' ."' ` x` .+�,,,'�ea+" t':Ye .�s '` - 3 d�` +►�s'KypK 'r' t�•. s� r' I ,�`. i fp�•fd '��� .�. iF��pl�.6jir ..!f. � �4Y"3i.• �•_'� '�" �i s`� � �}}y�M��j�t(`, � .tP�y,..��i.ay'�.�''a� .. R.� q A,.> .../� iar��*r„ N -���"��tr✓ � � a ;T 6�.~ ��w ��,,A �R t T ,�r-•ems.+. x Iwo il i r Y14.CSv g �i * �.�_� fir'[' L i��,.- _+•. ` w G �• p a T✓ ,• . � .� � ♦0 5" C �y � 1 :;q ay. A . 2t'-"�' �"�: � � /� °may+ � r .3 o d• � � s . .. i 4.d•,� '}. �sr`.. t.R,b- � .:-_.�1r•�l:-a.,,...r Ya��.. ..>.'��uvi�'i-.~ r1',� .. �3 is+ .. ns F:. TTills L oil iA 5 f r� r yK i 6 I / t 2 �•9 wr rtt�. _ 3 ...�a� n �'y<",ias- »Y�'� a-�.�,�ra',�^r.�rr: as��,c^• suf.� S w"m�,^a.- ar.; .i�-.� .i�X �' n,�"^.� � y; 7�.,rC4 a ~ f - r `A.++ Y _ t�i' � � ���j ��, -yam �^ ► �i.,,, �' <�.r.� _+,.V'�.� ,.xF Disclosure Statement W . Amning 8 C mmuri tv 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 Appliraftt Name Or 10 tll� Does the applkent have a represenh ? ❑Yes E No • If yes,list the name of the representative. Is the applicant a owporatioq partnership,ffnrM business,trust or m unkwwponftd business?❑Yes d 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 parerrt-subsidiaryi or affiliated business entity'relationship with the applicant [Attach a list if necessary) "Parert-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(11 one business entity has a controlling ownership interest in the other business entity,tii)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) r ,_cr Disclosure Statement Planning&C ommunhy Deveklpnwnt Known Interest by Public_Official or Employee Does an official or employee of the City of Virginle B,.�e..,,a�cch have an interest in the subject land or any proposed dev&opmenc contingent on the subject public action?0 Yes �dNo • If yes,what is the name of the official or employee and what is the nature of the interest? &plicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-ougateraliration,etc)or are they considering any fkuuxing In connection with the subject of the application or any business operating or to be operated on the property? ❑Yes GrNo • If Yes,identify the financial institutions providing the service. 2. Does the applicant have areal estate broker/agent/reattor for current and anticipated future sales of the subject propertyF E3 Yes O 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 • If yes,identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landscape architect/iand planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes W,40 • if Yes,identify the firm and individual providing the service. 5. is there arty other pending or proposed Purchaser of the subject property? Yes 11O • If yes,identify the purchaser and pu rchaser's service providers. Revised 11.09.2020 2 i' F Disclosure Statement . #. _, . I'lanuing&Cammunit►' 6 Does the applicant have a ownUvction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Colo • if Yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agprt in connection with the w the subject of the application or arty business operating or to be operated on the property?0 Yes W40 • 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 Lif No • it 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 Ygeis prior to the meeting of Plannbt Owmission,OW Council,VBDA,CBPA,Wetlands Board or any Public body or tnn/Onktee@ In eamrcetion with this application. 1 Cis Print Name card Date � - Is the applicant also the owner of the subject property? R es ❑No • if yes,you do not need to fill out the owner disclosure statement. FOR CITv USE ONLY/ that pl�rtains to the rNdra�asasat applications Dare • Revised 12-09.2020 3 1 P a g e U 6f_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City-owned property known as Lake Joyce and the 25' strip of City-owned property around Lake Joyce, located at the rear of 4224 Ben Gunn Road MEETING DATE: October 17, 2023 ■ Background: Mary J. Clarke, Trustee of the Mary J. Clarke Revocable Trust dated February 7, 2017 (the "Applicant") has requested permission to maintain an existing pier, an existing bulkhead and an existing aluminum fence, and to construct and maintain a landward pier extension and a bulkhead, (collectively, the "Temporary Encroachment") into City-owned property known as Lake Joyce (GPIN 1570-80- 2438) and the 25' strip of City-owned property around Lake Joyce, located at rear of 4224 Ben Gunn Road (GPIN 1479-99-0217). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Joyce and the 25' strip of City-owned property around Lake Joyce, which is where the Applicant has requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate (l� City Manager: �"" 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 25' STRIP OF CITY-OWNED 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED AT THE REAR OF 4224 BEN 10 GUNN ROAD 11 12 WHEREAS, Mary J. Clarke, Trustee of the Mary J. Clarke Revocable Trust 13 dated February 7, 2017(the"Applicant") has requested permission to maintain an existing 14 pier with a maximum encroachment of 52.4', an existing 136' concrete block bulkhead and 15 an existing 151.4' aluminum fence and to construct and maintain a 5' x 20' landward pier 16 extension with a maximum encroachment of 17.1' and a 151 linear foot timber bulkhead 17 with a maximum encroachment of 31 .9' x 151' (collectively, the "Temporary 18 Encroachment") into a portion of a City-owned property known as Lake Joyce(GPIN: 1570- 19 80-2438) and the 25' strip of City-owned property around Lake Joyce, located at rear of 20 4224 Ben Gunn Road (GPIN: 1479-99-0217) and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 24 the City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 31 and successors in title are authorized to construct and maintain the Temporary 32 Encroachment as shown on the map entitled: "EXHIBIT `A' — ENCROACHMENT 33 REQUEST FOR AN EXISTING PIER,ALUMINUM FENCE, BULKHEAD AND PROPOSED 34 PIER EXTENSION & BULKHEAD FOR: MARY J. CLARKE 4224 BEN GUNN ROAD, 35 SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES M.B. 31, PG. 53," Scale: 1" = 40', dated 36 January 20, 2023, prepared by Waterfront Consulting, Inc., a copy of which is attached 37 hereto as Exhibit "A" and on file in the Department of Public Works and to which reference 38 is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 41 subject to those terms, conditions and criteria contained in the agreement between the City 42 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 i 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Applicant and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of 20_. 55 56 57 58 CA15830 59 R-3 60 Prepared: 8/23/23 61 62 63 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 64 SUFFICIENCY AND FORM: 65 66 J 67 �. 68 P L C WOR S, REAL ESTATE DA R. HARMEYER 69 SENIOR CITY ATTORNEY 2 CLARKE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE EXISTING PIER MAX ENCROACHMENT OF 52.4' NOW OR FORMERLY *NO WATER OR POWER UTILITIES CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE 8' 24' - D.B. 1018 P. 154 ~ GPIN: 15708024380000 °D 32' 8' 0) N6 VIP' Iy. PROPOSED 5'x20'LANDWARD a N PROPOSED 151 L.F.TIMBER PIER EXTENSION WITH MAX BULKHEAD MAXIMUM ENCROACHMENT OF 17.1' O ENCROACHMENT OF 31.9'x151' IN(F) EXISTING ~ 11' 1 �' p ALUMINUM FENCE OF o CI STRIP E i 51.4'ENCROACHES 2 CI STRIP LAND N 0 (MB 31 P 53) NO TREES TO BE REMOVED N *TREE FENCING TO BE USED FOR(6) EXISTING 136'.' CONCRETE BLOCK \ `^ TREES ON CITY PROPERTY SEE SHEET 2 BULKHEAD _ - REAR PR PERTY LINE NOW OR FORMERLY DETERMINED BY SURVEY AL H �F` o I MARYJ. CLARKE REVOCABLE SEALED BY JOHN F. HILL,JR. o o TRUST DATED FEBRUARY 7, 2017 ON 12/15/2021 _ SEC 1 LOT 41 BLK 1 p Z 6% Z x 0o c w GPIN: 14799902170000 0 Ln SEAN E. GREEN n w >_ b INST:202203005749 0 a m M t y 1 C Ln ]C O � Uc. No. 0402064005 0 � C, N N w ° � m o 0 w = 1- CO � Z w Ct r 4 o OJr" o I . o _ 0 � Sao $-$-23 G\t v o I 1 STORY BRICK I Q Q O o FSS/ONALE.� 0 UJzfN I #4224 BEN GUNN IN 0 � u -' a �r 17Ln I 0ZwwZ � Z I I ZV � I I Z 0 40 80 I I N 61'00'W SCALE: 1"=40' PIN(F) 100.0' PIN(F) 33'TO P.C.AT BEN GUNN ROAD (50'RIGHT-OF-WAY) TREASURE ISLAND DR i REF: M.B. 31, PG. 53 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND mf CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT, SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE: (757) 619-7302 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG. 53 JANUARY 20, 2023 PAGE 1 OF 3 STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 CLARKE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A NN BOUNDARY SURVEY. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG. 53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE NOW OR FORMERLY CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE D.B.1018 P. 154 GPIN: 15708024380000 38.7'O .06 N iD PIN EXISTING \ ^�25'STRIP OF ALUMINUM FENCE \ 151.4'ENCROACHES \ CITY-OWNED LAND (MB 31 P 53) EXISTING 136' s-c, 23 7, uNi, CONCRETE BLOCK - ��NL T H 0,,r. vi BULKHEAD REAR PROPERTY LINE NOW OR FORMERLY DETERMINED BY SURVEY MARY J. CLARKE REVOCABLE .i SEALED BY JOHN F. HILL,JR. Z_ o TRUST DATED FEBRUARY 7,2017 ON 12/15/2021 SEAN E. GREEN n , o c SEC 1 LOT 41 BLK I J Z '- 0 � ,,, GPIN: 14799902170000 12.6' Lic. No. 0402064005 — o w m o INST:202203005749 0 0 Ln 8-8-23 G\� = 0 000 Z W "' O � moo Jn0 I , - C � 1-• NNO SS/ONAL E� O v �r o 1 1 STORY BRICK I Q, 0 -q- o O0 #4224 BEN GUNN II QUOr tZ � � -FENCE � o - z ? ww �zDIMENSION � zu0:: Z 0 40 80 I I N 61°00'W SCALE: 1"=40' PIN(F) 100.0' PIN(F) 33'TO P.C.AT BEN GUNN ROAD (50'RIGHT-OF-WAY) TREASURE ISLAND DR 7 REF: M.B. 31, PG. 53 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE: (757)619-7302 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG. S3 JANUARY 20, 2023 PAGE 2 OF 3 STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#101S,AKRON,OH 44333 CQ2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 CLARKE ENCROACHMENT EXHIBIT TREE PROTECTION FENCING AND ARMORING DRIP LINE SNOW FENCE r1 rf 00 "" I r .. •�+ BOARD FENCE 00 rt CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING I �tNtTH OF .r r CORRECT TRUNK ARMORING TRIANGULAR BOARD FENCE Source: Va. DSCW Plate 3.38-2 SEAN E. GREEN y Lic. No. 0402064005 8-8-23 FSS10 N M- ECG EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT, SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE: (757) 619-7302 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG. 53 JANUARY 20, 2023 PAGE 3 OF 3 STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 30Tli day of Ulv� , 20023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARY J. CLARKE, TRUSTEE OF THE MARY J. CLARKE REVOCABLE TRUST DATED FEBRUARY 7, 2017, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "41", Block 1" as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES PRINCESS ANNE COUNTY, VA.," Scale: 1" = 100', dated February, 1954, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4224 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing pier with a maximum encroachment of 52.4', an existing 136' concrete block bulkhead and an existing 151.4' aluminum fence and to construct and maintain a 5' x 20' landward pier extension with a maximum encroachment of 17.1' and a 151 linear foot timber bulkhead with a maximum encroachment of 31.9' x 151', collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 1570-80-2438 (CITY PROPERTY LAKE JOYCE) 1479-99-0217 (4224 BEN GUNN ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and a 25' strip of land around Lake Joyce, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND PROPOSED PIER EXTENSION & BULKHEAD FOR: MARY J. CLARKE 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES M.B.31, PG.53," Scale: 1" = 40', dated January 20, 2023, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4224 Ben Gunn Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4224 Ben Gunn Road. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, MARY J. CLARKE, TRUSTEE OF THE MARY J. CLARKE REVOCABLE TRUST DATED FEBRUARY 7, 2017, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: MARY J. CLARKE REVOCABLE TRUST DATED FEBRUARY 7, 2017 By: MARY CLARKE, Trustee STATE OF ORGINIA CITY/,C Pd Y OF V- Z G%,--,iq ! "A4o-wit: The foregoing instrument was acknowledged before me this 3 0 day of U N fo-I , 2023, by MARY J. CLARKE, Trustee of the Mary J. Clarke Revocable Trust dated February 7, 2017. "Notary (SEAL) Notary Registration Number: 9L I ANDREW FARLLING WICKARD My Commission Expires: lo )L- REGISTOTATRI PUBLIC19I COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 29.2024 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL :14ARMEYER ENCY AND FORM BWOR S / REAL ESTATE =FW CITY ATTORNEY CLARKE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. E 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE EXISTING PIER MAX ENCROACHMENT OF 52.4' NOW OR FORMERLY *NO WATER OR POWER UTILITIES CITY OF VIRGINIA BEACH m BAYSIDE LAKE JOYCE *' 8' o0 24' D.B.1018 P. 154 r+ GPIN: 15708024380000 B 32' 8' o� t� 6 fp PROPOSED 5'x20'LANDWARD p PROPOSED 151 L.F.TIMBER PIER EXTENSION WITH MAX o_ ►+ ENCROACHMENT OF 17.1' 0p BULKHEAD MAXIMUM ..► ENCROACHMENT OF 31.9'x151' IN IF) v 5, EXISTING - ALUMINU M FENCE b O 25'STRIP OF 151.4'ENCROACHES o °�,° Cm-OYWWD LAND O (MB 31 P 53) NO TREES TO BE REMOVED *TREE FENCING TO BE USED FOR(6) EXISTING 136'� TREES ON CITY PROPERTY SEE SHEET 2 CONCRETE BLOCK \ _ u-+ BULKHEAD t p.L T H 0 r NOW OR FORMERLY REAR PR PERTY LINE DETERMINED BY SURVEY MARY J.CLARKE REVOCABLE SEALED BY JOHN F.HILL,JR. �► O r. TRUST DATED FEBRUARY 7,2017 ON 12/15/2021 P SEC I LOT 41 BLK 1 o ? Z — $ 0 W GPIN: 14799902170000 O SEAN E. GREEN t m ^ = g .INST.202203005749 Ln o J t; ln Lie. No. 0402 64005 �' 0 Z m N '� � r2Oco pPao ui � � �`N g 00 - -0 0 1 0C) L-U, o `S 8-8-23 NG\ 3 u a o 1 ' 1 STORY BRICK I g v co 0 a o S/ONAL O g Lu Ln 04224 BEN GUNN Iry O z , 1 0 WZN i 1 1 z iL( _Z 0 40 80 1 1 1 N 61'00'W 1 SCALE:1"=40' PIN(F) 100.0' PIN IF) 33'TO P.C.AT BEN GUNN ROAD (50'RIGHT-OF-WAY) TREASURE!BLAND DR 7 REF. M.B. 31, PG. 53 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND Ma CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH, VA 23454 FOR:MARY J.CLARKE PHONE.(757)619-7302 4224 BEN GUNN ROAD,SECTION 1, LOT 41 BLOCK 1,BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B.31, PG.53 JANUARY 20, 2023 PAGE i OF 3 STONE GREEN CONSULTING,LLC Q 2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD I11015,AKRON,OH 44333 (330)U3-2117 CLARKE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. E 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A 44 BOUNDARY SURVEY. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE IOYCE NOW OR FORMERLY CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE D.B.1018 P. 154 GPIN: 1570802438DODO 38.7'0 fir, N PIN 1 1 EXISTING 25'STRIP OF ALUMINUM FENCE �`fl CITY-0V1MED LAND 151.4'ENCROACHES (MB 31 P 63) EXISTING 136's-� ►~ CONCRETE BLOCK \ _23. p,t T H or ui BULKHEAD y1 REAR PROPERTY LINE NOW OR FORMERLY DETERMINED BY SURVEY MARY J.CLARKE REVOCABLE v SEALED BY JOHN F. HILL,JR. Z o TRUST DATED FEBRUARY 7, 2017 ON 12/15/2021 SEAN E. GREEN Z ^ $ P '� SEC 1 LOT 41 BLK 1 o W GPIN: 14799902170000 12.6' iIC. N0. 0402 64005 � m ^ _ 8 INST.202203005749 0 0Lm .o / L� o � g � S N ��1a.1'.• ��N- 8N 8-8-23 G�� 0 CO COo Z u, w LL Cr Co o SS/ONAt E� O o :� 0 1 .• 1 STORY BRICK 1 O° ui t- 0• CO 0 O Lu #4224 BEN GUNN I N � U 0°0 FENCE z ° " � Z ( o` � -' ^ � - � ^ DIMENSION - ' o ixWzN Z ix %Aof: l7Z 0 40 80 1 1 1 N 61'00'W 1 SCALE:1"=40' PIN IF) 100.0' PIN(F) 33'TO P.C.AT BEN GUNN ROAD(50'RIGHT-OF-WAY) TREASURE ISLAND DR 7 REF: M.B. 31, PG. 53 EXHIBIT A'- ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD F�2589QUALITYCOURT,SUITE323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE:(757)619-7302 4224 BEN GUNN ROAD,SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B.31,PG.53 JANUARY 20, 2023 PAGE 2 OF 3 STONE GREEN CONSULTING,LLC ®2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD M1015,AKRON,OH 44333 (330)883-2317 TREE PROTECTION CLARKE ENCROACHMENT EXHIBIT FENCING AND ARMORING DRIP LINE I SNOW FENCE r ON r r I r 1 .w BOARD FENCE r CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING Irk ,,,� " ►i ��p L T HNow OF i CORRECT TRUNK ARMORING Q� TRIANGULAR BOARD FENCE o Z Source: Plate SEAN E. GREEN Uc. No. 0402 64005 �Fss/0 L E N AN�'� EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION& BULKHEAD 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J.CLARKE PHONE:(757)619-7302 4224 BEN GUNN ROAD,SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG.53 JANUARY 20, 2023 PAGE 3 OF 3 STONE GREEN CONSULTING,LLC ®2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4010 MEOINA ROAD#1015,AKRON,OH 44333 (330)883-2117 Jim i arm -4a - �'.� _ �'^�" �• ����'� ..- � ...ar a a`„�f.�1���yy�'1 . `. {;R���C� t is _ .:� �. .. �I• ems•• j.av- ��`. „•n��.►�, 2 V va- � ' _ Clarke Photo Exhibit View looking Northeast showing similar encroachments. Aft ° - 1- r.. Ak ALA.'' I °� .77 Al 1 ^�4 ;�T •;fide ��C/.• . LOCATION MAP ENCROACHMENT REQUEST ✓O FOR MARY J. CLARKE REVOCABLE TRUST Legend yes/1 ' .., 4224 BEN GUNN ROAD City Property R G PI N 1479-99-0217 Feet 1479-99-0217 v C:l 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 3/21/2023 XACADD\Projects\ARC Files\AGENDA MAPS\1479-99-0217 Aeria N SNORE OR a SIT 0 O L. ;w I FyG N �� LOCATION MAP ENCROACHMENT REQUEST ✓OyN, FOR MARY J. CLARKE REVOCABLE TRUST S/ Legend �VF �_ 4224 BEN GUNN ROAD City Property RRO GPIN 1479-99-0217 Feet 1479-99-0217 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 3/21/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\1479-99-0217 Disclosure Statement Cif y of Viryinia Reach 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 Mary J. Clarke Does the applicant have a representative? ■ Yes ❑ NO • If yes, list the name of the representative. Robert E.Simon,Agent(Waterfront Consulting, Inc.) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business 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. Z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(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 P a g e Disclosure Statement City of Virginia Rauh low Planning & Community Development Known Interest bV 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 M 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-col lateral ization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M 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 M NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e ' Disclosure Statement VB City ojVirginia Mich Aw Planning & Community l a. 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? 0 Yes ❑ No • If yes,identify the firm and individual providing the service. Waterfront Consulting, Inc.(WCI)and Stone Green Consulting-Sean Green, P.E. 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 0 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. — e�-I��LAM � u4t—k Applicant Signatur m +P y :I" 0/- "�,CK Print Name Jnd Title Mary J.Clarke �i` �✓ Date �r a'?-doh Is the applicant also the owner of the subject property? ❑ Yes 0 NO City of Virginia Beach (Owner) • 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 1 P a g e .SIA� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $8,500,000 from the Fund Balance of the General Fund and Transfer the Same Amount as Pay-Go Funding to Capital Project #100664 "5/31 Memorial" MEETING DATE: October 17, 2023 ■ Background: Following public input and the recommendation of the 5/31 Memorial Committee, on April 18, 2023, the City Council established Capital Project #100664, "5/31 Memorial," formally selected a City-owned site for the memorial, and appropriated $1.2 million of General Fund vacancy savings to the project for design work On October 3, 2023, City staffed briefed the City Council on the current status of the memorial planning. Dills Architects (the design firm for the memorial) have made significant progress on refining the design and recently submitted 30% design deliverables to the City. These documents further developed the schematic design into construction documents for eventual bid and have provided an overall cost estimate of $8.48 million. This cost includes the original memorial area, a construction contingency, and modifications to the original design to include pedestrian walkways and landscaping, as well as parking area upgrades. Funding for construction costs is needed by November 2023 so that site work can begin between February — April 2024 to accommodate federal environmental regulations, and construction could begin by Spring 2024 to allow for a dedication of the memorial by May 2025. There is a possibility of in-kind donations from contractors, as well as monetary donations from private businesses or individuals. Should private donations be provided in the future, any unused funds from this initial appropriation could be redirected or used for the maintenance and upkeep of the memorial. Following the briefing, the City Council requested this item be brought forward for a vote. ■ Considerations: The funding source for this project will be the Fund Balance of the General Fund. Following this action, the fund balance of the General Fund will remain within the established 8-12% policy. As the FY 2022-23 financial audit is not yet complete, the exact percentage will be communicated to the City Council at a later date. The estimated fund balance as of the adoption of the FY 2023-24 Operating Budget was 9.97%. ■ Public Information: Normal Council agenda process. In addition, the 5/31 Memorial Committee meets quarterly, and the meetings are open to the public and streamed on the City's website. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Cultural Affairs & Parks and Recreation City Manager: �V 1 AN ORDINANCE TO APPROPRIATE $8,500,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND AND TRANSFER 3 THE SAME AMOUNT AS PAY-GO FUNDING TO CAPITAL 4 PROJECT #100664 "5/31 MEMORIAL" 5 6 WHEREAS, the City of Virginia Beach selected Dills Architects, P. C., as the design 7 firm for the 5/31 Memorial in April 2023, and they have completed the 30% design; 8 9 WHEREAS, the City Council wishes to have a dedication for the memorial in May 10 2025; 11 12 WHEREAS, to meet the dedication date, the City needs to initiate the process to 13 procure construction, which will allow site work can begin between in early 2024; 14 15 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA THAT: 17 18 $8,500,000 is hereby appropriated from the fund balance of the General Fund and 19 transferred as pay-as-you-go funding to Project #100664, "5/31 Memorial." 20 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: O�Lffw, dget a d anagement Services iiy orn s Office CA16338 R-1 October 4, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100664 itle: Virginia Beach 5-31 Memorial tatus:Approved Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:New Facility Construction/Expansion istrict: 2 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 1,200,000 1,200,000 Description This project provides for the planning,design,and construction of a permanent memorial to commemorate and remember the tragic events of May 31, 2019 to be located on City property at Princess Anne Road and Nimmo Parkway adjacent to the ECCS building at the Municipal Complex.The project will require site development to include site preparation and storm water management features in addition to the memorial elements similar to the Dills Architects/SWA concept plan which was approved by the City Council appointed 5/31 Memorial Committee. The memorial will include scalable features such as landscaping/gardens,concrete or stone walls,water features,accent lighting,seating and other enhancements that support the development of a memorial setting.This project may include a smaller memorial marker and/or small plaza with landscaping near Building 2 if additional funding for design and construction were to be allocated. Purpose The memorial will create a poignant and inspirational year-round,park-like setting that functions as a place for reflection for those directly impacted by the May 31,2019 mass casualty event,family members,City of Virginia Beach employees,other public safety professionals,and the general public. In addition to providing opportunities for reflection and rememberance,the memorial will provide an appropriate area to memorialize the victims. History and Current Status This project was approved by City Council on April 19,2023.On May 31,2019,a mass casualty event took place in and around the City of Virginia Beach Municipal Center,Operations Building(B-2).A City Council appointed Memorial Committee was established in the fall of 2021 to guide the vision and strategy of the development of a memorial,to be open and adaptive to the many and varied stakeholders,to set project priorities and goals,to build public will,to advocate for families and the community,to mobilize funding,and to ultimately oversee the planning,design,and construction of the memorial. Operating BudgetImpact Operating budget impacts are anticipated to affect Public Works Building Maintenance and Parks and Recreation Landscape Services to meet the operations,recurring maintenance,and repair needs of the memorial and grounds. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project .• Schedule of Activities Project Activities From-To Amount Design 04/23-12/24 1,200,000 i Total Budgetary Cost Estimate: 1,200,000 Means of Financing Funding Subclass Amount MIT•100664 Local Funding: 1,200,000 Total Funding: 1,200,000 X�pW FY 2023-24 to FY 2028-29 251 Capital Improvement Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Byrne JAG Grant Funds for Law Enforcement Purposes MEETING DATE: October 17, 2023 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the United States Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City is for a Community Criminal Justice Board, comprised of City representatives from Police, the Sheriff, the Courts, and Community Corrections and Pre-Trial Services to agree upon the best use of these funds prior to the City's application to the DOJ. This board met in person on July 13, 2023, to consider spending proposals and determine distribution of funds anticipated to be received from the federal Fiscal Year 2022 edition of this grant. The City needs to take action on this item prior to November 3rd. Therefore, the public comment and requested action are both scheduled for October 17. ■ Considerations: The total award for this grant is $72,122. No local match is required. The Virginia Beach Community Criminal Justice Board recommends that the funds be used as follows: ■ $9,500 to the Police Department, K-9 Corps, to purchase one canine for Community Policing activities; • $5,000 to the Police to the Police Department, Youth Services for gun locks; ■ $37,122 to the Police Department, Mounted Patrol Unit, to purchase an equine be used for Community Policing activities, and for training and health & safety equipment; ■ $10,500 to the Police Department, SWAT, for an under-the-door camera; and ■ $10,000 to Juvenile Domestic Relations Court for contracted manpower to assist with backlog of case entry and expungements. ■ Public Information: Normal City Council Agenda process. This grant requires a public comment opportunity, which will occur at the October 17, 2023, Formal Session. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting De p mt/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 foregoing uses of federal funds at its October 17, 2023, Formal Session; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 1. $72,122 is hereby accepted from the United States Department of Justice, 12 through the federal Fiscal Year 2022 Edward Byrne Justice Assistance Grant, 13 and appropriated, with federal revenue increased accordingly, to the following 14 departments, in the following amounts, and for the following purposes in their 15 Fiscal Year 2023-24 Operating Budgets: 16 17 a. $10,000 to the Virginia Beach Juvenile Domestic Relations Court for 18 contracted manpower 19 20 b. $62,122 to the Police Department for the purchase of law enforcement 21 equipment for the SWAT, Mounted, K-9, and Youth Services Units; 22 23 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, 24 is hereby authorized to execute, on behalf of the City of Virginia Beach, all 25 necessary agreements, certifications, and assurances as instructed and 26 required by the United States Department of Justice. 27 28 3. The replacement of the above items purchased with these grant funds is 29 conditioned upon the receipt of future grant funds. 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: AZ Budget a Management Services ttorney's Office CA16333 R-1 October 4, 2023 •� �', 'err CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Supreme Court of Virginia Specialty Docket Grant for the Virginia Beach Adult Drug Treatment Court and to Authorize a Local Match MEETING DATE: October 17, 2023 ■ Background: The Virginia Specialty Docket Grant is offered through the Supreme Court of Virginia, Office of the Executive Secretary. The purpose of the grant is to enhance drug court and specialty court services, to increase coordination with drug court participants, and to provide recovery support services. On September 21, 2023, the Virginia Beach Adult Drug Treatment Court program received notification of the approved grant award of $63,356 in state funds for fiscal year 2024. Administration of this grant will be through the Commonwealth Attorney's Office. These funds will be used to provide contracted drug and alcohol testing to expand the Court's ability to test participants 52 weeks per year including holidays and weekends, intensive out-patient treatment, and in-patient treatment. Additionally, the funds will be used to purchase workbooks and supplies necessary to continue providing a continuum of care for the court's participants. ■ Considerations: This grant requires a 25% match based upon a formula utilized by the Bureau of Justice Assistance. The City has proposed providing an in-kind match through existing resources in the Department of Human Services. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney on behalf of the Virginia Beach Adult Drug Treatment Court Program City Manager:/V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE SUPREME COURT OF VIRGINIA SPECIALTY 3 DOCKET GRANT FOR THE VIRGINIA BEACH ADULT 4 DRUG TREATMENT COURT AND TO AUTHORIZE A 5 LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $63,356 is hereby accepted from the Office of the Executive Secretary of 11 the Supreme Court of Virginia and appropriated, with estimated revenues 12 from the Commonwealth increased accordingly, to the FY 2023-24 13 Operating Budget of the Commonwealth Attorney for the Adult Drug 14 Treatment Court. 15 16 2. The local match of 25% is hereby authorized from existing resources in the 17 FY 2023-24 Operating Budget of the Department of Human Services. 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: Budget and anagement Services City Attorney's Office CA16333 R-1 October 5, 2023 o-GWu mac'. SPA i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Public Libraries for the Purchase of Books and Materials MEETING DATE: October 17, 2023 ■ Background: Each year the Virginia Beach Public Libraries (VBPL) is awarded funds from the Library of Virginia by way of the State Aid Grant. When the FY 2023-24 Operating Budget was passed, it included an estimated $289,176 in revenue from the State Aid Grant. In September 2023, the Governor finalized State Aid figures, which included a total award of $341,207 for VBPL. This amount is $52,031 higher than anticipated. ■ Considerations: The additional $52,031 is restricted to the purchase of books and other materials to add to the VBPL print and digital collections. These funds help fulfill the VBPL's mission to meet the lifelong needs of the City's diverse community by providing access to quality resources, engaging programs, and welcoming space. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF PUBLIC LIBRARIES 3 FOR THE PURCHASE OF BOOKS AND MATERIALS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT- 7 8 $52,031 from the Library of Virginia, State Aid Grant, is hereby accepted and 9 appropriated, with revenues increased accordingly, to the FY2023-24 Operating Budget 10 of the Department of Public Libraries to purchase books and other materials for the print 11 and digital collections of the Department of Public Libraries. 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 Services City ttomn y I s Office CA16332 R-1 October 4, 2023 ) (r 16 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for the Substance Use Outpatient Services Program MEETING DATE: October 17, 2023 ■ Background: The Department of Human Services (DHS) Substance Use Outpatient Services Program (the "Program") provides specialized and intensive outpatient therapy to clients diagnosed with substance use disorders. The Commonwealth has authorized an allocation of American Rescue Plan Act funds in the amount of$50,000 for the Program. This funding is intended to enhance evidence-based treatment programs with an overall goal to decrease substance use across the Commonwealth. ■ Considerations: This is one-time funding. If approved, the funds will support intensive outpatient services, medication-assisted treatment, gender-specific substance use treatment, and other services provided to clients diagnosed with substance use disorders and served by DHS. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:A� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR THE SUBSTANCE USE 4 OUTPATIENT SERVICES PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $50,000 is hereby accepted from the Commonwealth of Virginia and appropriated, 10 with state revenue increased accordingly, to the FY 2023-24 Operating Budget of the 11 Department of Human Services for treatment programs provided by the Department's 12 Substance Use Outpatient Services Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an Management Services CLt47y'_rO'1ff==i: c%e CA16329 R-1 October 4, 2023 ;KU 8-:, !C4 C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for Programs Addressing Problem Gambling MEETING DATE: October 17, 2023 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) provides funding to localities to support targeted services addressing problem gambling. These services center around increasing awareness of the problem and providing resources to help individuals. DBHDS has authorized one-time funding of $20,780 for programs addressing problem gambling offered by the Department of Human Services. The grant period is from July 1 , 2023, through June 30, 2024. ■ Considerations: If approved, this funding will support staff training, capacity building, a young adult survey, information dissemination, education, policy changes, social marketing, and incentives/promotions. There is no local match required. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: k() 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR PROGRAMS ADDRESSING 4 PROBLEM GAMBLING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $20,780 is hereby accepted from the Virginia Department of Behavioral Health and 10 Developmental Services and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 12 Services for programs that address problem gambling. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ate✓ _. udget a d Management Services Ci ttorney's Office CA16328 R-1 October 4, 2023 S p cy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Parks and Recreation for the Summer Youth Employment Program MEETING DATE: October 17, 2023 ■ Background: The Parks and Recreation Department Youth Opportunity Office (YOO) coordinates the eight-week Summer Youth Employment Program (SYEP). The SYEP has provided summer employment opportunities for residents aged 16 - 21 since 2009. The YOO includes programming that focuses on financial literacy and empowerment. Participants in the SYEP take part in a week-long training that provides several financial education components. The SYEP also has money mentors who provide support throughout the program. The YOO has received the Summer Jobs Connect-Expansion Program Grant annually since 2019. The grant included a six-month technical assistance planning award that provided: • Technical assistance, including phone support and a site visit from Cities for Financial Empowerment (CFE) Staff. • Participation in the CFE Fund's national Summer Jobs Connect Learning Community. • Financial empowerment resources and banking initiatives to support SYEP participants. ■ Considerations: This grant was most recently accepted and appropriated on July 6, 2021, but the award was amended to provide the City an additional $20,000. Accepting the grant will allow the YOO staff to continue providing enhanced financial initiatives for youth participants. ■ Public Information: Normal Council agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager:140 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR THE SUMMER YOUTH 4 EMPLOYMENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 $20,000 is hereby accepted from the Summer Jobs Connect Program Grant and 10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget 11 of the Department of Parks and Recreation for the Summer Youth Employment Program 12 to continue providing financial empowerment training and mentoring for Program 13 participants. 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: Budget and ana�geme�ntle�,ices City orney's Office CA16331 R-1 October 4, 2023 f 7J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for the Project for Assistance in Transitioning from Homelessness(PATH) Program and to Authorize a Local Match MEETING DATE: October 17, 2023 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) Office of Community Housing provides pass through federal funds to local Community Service Boards to support clients experiencing homelessness in securing long-term housing solutions. In Virginia Beach, these services are provided by the PATH Program in the Department of Human Services. DBHDS has authorized a one- time payment of $3,713 for the PATH Program. ■ Considerations: If approved, the services to be provided include staff training, travel, and outreach services. A local match of 33% or$1,225 is required and is available within the DHS budget. The grant period is from August 1, 2023, through September 30, 2024. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:IN I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR THE PROJECT FOR ASSISTANCE IN 4 TRANSITIONING FROM HOMELESSNESS (PATH) 5 PROGRAM AND TO AUTHORIZE A LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT- 9 10 1. $3,713 is hereby accepted from the Virginia Department of Behavioral 11 Health and Developmental Services and appropriated, with federal revenue 12 increased accordingly, to the FY 2023-24 Operating Budget of the 13 Department of Human Services for the PATH Program. 14 15 2. A local match in the amount of $1,225 is hereby authorized to be provided 16 from the FY 2023-24 Operating Budget of the Department of Human 17 Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9"1 �Z��_ rA udget a d Management Services C' Attorney's Office CA16327 R-1 October 4, 2023 M. PLANNING 1. W.W. REALTY ASSOCIATES, LLC & FRANK T. WILLIAMS for a Modification of Conditions to a Conditional Use Permit and Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 5309 Morris Neck Road & adjoining western parcel DISTRICT 2 RECOMMENDATION: APPROVAL 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ADDIE S. VANDEMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC for a 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 and a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 RECOMMENDATION: APPROVAL 3. COMMONWEALTH BREWING COMPANY, LLC / COMMONWEALTH BREWING COMPANY, LLC & CITY OF VIRGINIA BEACH for a Street Closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 4. COMMONWEALTH BREWING COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re expand to accommodate additional outdoor seating and parking spaces at 2440 and 2444 Pleasure House Road DISTRICT 9 RECOMMENDATION: APPROVAL 5. RED CHURCH,INC.for a Modification of Conditions to a Conditional Use Permit re religious use at 245 South Rosemont Road DISTRICT 3 RECOMMENDATION: APPROVAL 6. CHRISTOPHER GREGORY / PRINCESS ANNE/WITCHDUCK ASSOCIATES 1, LC, C/O ROBINSON DEVELOPMENT GROUP for a Modification of Conditions to a Conditional Use Permit re install freestanding signs at 5152 and 5168 Princess Anne Road DISTRICT 3 RECOMMENDATION: APPROVAL 7. 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 parcel between 2307 and 2309 Millwood Road DISTRICT 8 (Deferred from September 19, 2023) RECOMMENDATION: STAFF APPROVAL PLANNING COMMISSION DENIAL APPLICANT REQUEST DEFERRAL TO NOVEMBER 21, 2023 8. EMILY MCGRAW/VB REGATTA CENTER ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3636 Virginia Beach Boulevard, Suite 110 DISTRICT 8 RECOMMENDATION: APPROVAL 9. LAUNCH CREATIVE SPACE, LLC / MARINA SHORES REPAIR CORP. for a Conditional Use Permit re assembly use at 2865 Lynnhaven Drive, Suite Cl DISTRICT 8 RECOMMENDATION: APPROVAL 10. MARINA SHORES REPAIR CORP. for a Conditional Use Permit re bulk storage yard at 2865 Lynnhaven Drive DISTRICT 8 RECOMMENDATION: APPROVAL 11. BHATT BROTHERS,LLC/RED MILL WEST,LLC for a Conditional Use Permit re tattoo parlor at 1169 Nimmo Parkway, Suite 224 DISTRICT 5 RECOMMENDATION: APPROVAL 12. Resolution to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re Virginia Beach Historic Preservation Plan,2023,which will supersede the Historic Resources Management Plan, 1994 RECOMMENDATION: APPROVAL ., ;.�i� NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,October 17,2023 at 6:00 p.m.In the Council Chamber at City Hall,2W 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.vironiabeach.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 duringthe public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httpsY/­vbgov.wg,t)glx.com/weblinK/repister/rdt)593e(3��u7T4553uloc,.410390c1t 2. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on October 17, 2023. The following requests are scheduled to be heard: W.W.Realty Associates,LLC&Frank T.Williams(Applicants&Property Owners)Modification of Conditions Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Addresses:5309 Morris Neck Road& adjoining western parcel GPIN(s):2319321690,2319223560 City Council:DLsVict 2 Franklin Johnston Group Management&Development,LLC(Applicant)Addle S.Vandemel Revocable Trust& at al,William E.&Phyllis H.Sawyer,Keelingwood Apartments,LLC(Property Owners)Conditional Rezoning (AG-1&AG-2 Agricultural Districts to Conditional A-18 Apartment District w/Workforce Housing Overlay District) Modification of Proffers Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Addresses: 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle GPIN(s): 1494547938,1494543861,1494534876 City Council:District 2 Commonwealth Brewing Company,LLC(Applicant)Commonwealth Brewing Company,LLC&City of Virginia Beach(Property Owners)Street Closure Adjacent Address:Portion of the 50-foot right-of-way of Lake Drive, east of Pleasure House Road Adjacent GPIN(s):1570502725 City Council:Disbtet 9 Commonwealth Brewing Company,LLC(Applicant&Property Owner)Modification of Conditions Addresses: 2440&2444 Pleasure House Road GPIN(s):1570501631,1570502725 City Ooundt DWM 9 Red Church,Inc.(Applicant&Property Owner)Modification of Conditions(Religious Use)Address:245 South Rosemont Road GPIN(s):1487614114 CltyCouncil:District 3 Christopher Gregory(Applicant)Princess Anne/Witchduck Associates 1,LC,c/o Robinson Development Group (Property Owner)Modification of Conditions Addresses:5152 Princess Anne Road&5168 Princess Anne Road GPIN(s):1466783953 City Council:District 3 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 City Council:District 8 Emily McGraw(Applicant)VB Regatta Center Associates,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor)Addresses:3636 Virginia Beach Boulevard,Suite 110 GPIN(s):1487548860 City Council:District 8 Launch Creative Space,LLC(Applicant)Marina Shores Repair Corp.(Property Owner)Conditional Use Permit (Assembly Use)Address:2865 Lynnhaven Drive,Suite C3 GPIN(s):Portion of 1499389741 City Council: District 8 Marina Shores Repair Corp.(Applicant&Property Owner)Conditional Use Permit(Bulk Storage Yard)Address: 2865 Lynnhaven Drive GPIN(s):1499389741 City Council:District 8 Bhatt Brothers,LLC(Applicant)Red Mill West,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor) Address:1169 Nimmo Parkway,Suite 224 Adjacent GPIN(s):2414261130 City Council:District 5 City of Virginia Beach-A Resolution to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016,the Virginia Beach Historic Preservation Plan,2023,which will supersede the Historic Resources Management Plan,1994 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 SOO,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 7573854303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.virginiabeach.gov and Facebook Live. Please check our website at httpsV/clerk.virginiabeach.gov/citycouncil for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-OCTOBER 3&10,2023-i TIME EACH - --,---All ❑ Q trot D ED R30 z ❑ LCOa'o U AG2 � oOF or o AG2 A.G 0 o i AG2 AG1 AG1 AG2____ ® Site W.W. Realty Associates, LLC & Frank T. N Property Polygons Williams Zoning 5309 Morris Neck Road & adjoining S Building western parcel Feet 0 65130 260 390 520 650 780 tu s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: W. W. REALTY ASSOCIATES, LLC & FRANK T. WILLIAMS [Applicants & Property Owners] Modification of Conditions to a Conditional Use Permit & Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 5309 Morris Neck Road &adjoining western parcel (GPIN 2319321690, 2319223560 ). COUNCIL DISTRICT 2 MEETING DATE: October 17, 2023 ■ Background: On January 9, 2001, the City Council approved a Conditional Use Permit for Alternative Rural Residential Development for the development of the Pungo Ferry Landing subdivision immediately west of the subject properties. With that approval, a condition was added to require the dedication of an Agricultural/Open Space Preservation Easement, restricting approximately 400 acres of the site (formerly known as Parcel A) to be used solely for open space or agricultural uses. In 2013, a Subdivision Variance was granted to reconfigure the subject parcels then identified as Parcels A-1 & C-1. With the subdivision, the new Parcel C-1 (5309 Morris Neck Rd) was brought into compliance with the minimum dimensional requirements in the AG district. The 30-acre parcel to the west (Parcel A-1); however, was deficient in both lot width and street line frontage. The 2013 variance approved a 60-foot lot width for Parcel A-1, instead of the 150-foot lot width typically required. Due to an oversight with the 2013 Subdivision Variance, the boundaries of the Agricultural/Open Space Preservation Easement were not modified to encompass all of the reconfigured Parcel A-1. The current Modification and the new Subdivision Variance will correct this error. The applicant is now seeking to reconfigure the property lines to shift Parcel C-1 to the south and adjust the lot lines to remove a portion of Parcel C-1, that currently encroaches into the cultivated field (formerly Parcel A-1). The existing single-family home will be demolished, and a new single-family dwelling will be constructed. With the shifting of Parcel C-1, access to Parcel D-1 will be moved to the north of Parcel C-1. The proposed resubdivision, will result in a further reduction in the lot width and street line frontage for Parcel D-1 from the previously approved 60 feet to 50 feet. All other dimensional requirements for Parcel D-1 will be met. Proposed Parcel C-1 meets all the dimensional requirements for parcels in the AG zoning district. W. W. Realty Associates, LLC & Frank T. Williams Page 2 of 3 ■ Considerations: Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: • Strict application of the ordinance would produce undue hardship. • The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. • The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. • The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. • The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff believes, and the Planning Commission concurred, that the 50-foot lot width and street line frontage proposed for Parcel D-1 provides adequate ingress/egress and sufficient road frontage for the existing cultivated field. Parcel D-1 is encumbered by an easement restricting the use of the parcel to Agricultural and Open Space use only. Shifting the access to Parcel D-1 to the north of Parcel C-1 will not change the character of the neighborhood, and the realigned Parcel C-1 will meet all dimensional requirements and will be developed with a single-family home that is compatible with the adjacent homes in this area. Since the proposal does not constitute an increase in residential density, it aligns with the goals and recommendations of the Comprehensive Plan. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit for Alternative Rural Residential Development approved on January 9, 2001, shall remain in effect, and Condition 2, as indicated below, shall be added. W. W. Realty Associates, LLC & Frank T. Williams Page 3 of 3 2. The modification to the boundaries of the Agricultural/Open Space Preservation Easement shall encumber all of Parcel D-1, as depicted on the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C & PARCEL D (INSTR. NO. 202100000013) VIRGINIA BEACH, VIRGINIA", prepared by MSA, dated February 2, 2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Subdivision Variance 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C & PARCEL D (INSTR. NO. 202100000013) VIRGINIA BEACH, VIRGINIA", prepared by MSA, dated February 2, 2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing single-family dwelling on Parcel C shall be demolished prior to the recording of the Resubdivision Plat. 3. The proposed Parcel C-1 shall only be developed with one single-family residence. 4. A note shall be added to resubdivision plat establishing that Parcel D-1 is encumbered by an Agricultural/Open Space Preservation Easement (INSTR. NO. 200407270115274) which restricts the use of the parcel to open space and agricultural uses only. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. %- Submitting Department/Agency: Planning Department City Manager: fo Applicants & Property owners W.W. Realty Associates, LLC & Agenda Items Planning Commission Public Hearing September 13, 2023 CitIt n% City council Virginia Beach Requests #4- Modification of Conditions (Alternative Rural Residential Development) #5-Subdivision Variance (Section 4.4(b)of MUtmEN Im the Subdivision Regulations d Y Staff Recommendation a Approval r Staff Planner CAMDENCT Marchelle Coleman 1 Location 5309 Morris Neck Road &adjoining western parcel G P I N s CAMpBaLS LANDING q 2319321690, 2319223560 Site Size 30.99 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers - =; ExistingLand Use and Zoning District A J -'V g ����ti NVAY��� Single-family dwelling,g,cuI cultivated field G1 _ Agricultural,AG-2 Agricultural Surrounding Land Uses and Zoning Districts ' North N Single-family dwelling, cultivated field/AG-1 Agricultural,AG-2 Agricultural 5 1 South A Single-family dwelling,cultivated field/AG-1 z Agricultural,AG-2 Agricultural tZe East "r Morris Neck Road Wooded parcel/AG-2 Agricultural West Cultivated field/AG-1 Agricultural W.W. Realty Associates, LLC&Frank T.Williams Agenda Items 4&5 Page 1 Background : Summary of • . • • On January 9, 2001,the City Council approved a Conditional Use Permit for Alternative Rural Residential Development on property west of this site.As noted in Condition 1 of that approval,an easement covering the subject property will restrict the use to open space and agricultural uses,except for the 46 single-family lots. Approximately 400 acres of the applicant's farm (formerly known as Parcel A),was covered by this Agricultural/Open Space Preservation Easement(Instrument#200407270115274),which surrounds a 0.56-acre parcel at 5309 Morris Neck Road. • In 2013,a Subdivision Variance was granted to reconfigure the subject parcels(Parcels A-1 and C-1)to the configuration that exists today. • The applicant now seeks to modify Condition 1 of the 2001 Conditional Use Permit approval to change the boundaries of the easement to reflect the changes in the boundaries that were modified on the 2021 resubdivision plat by way of a Subdivision Variance that was approved by City Council in 2013. Due to an oversight,the boundaries of the easement were not modified during the 2013 Subdivision Variance request.This modification and the requested Subdivision Variance,as described below,will correct this error. With these applications,the easement will be modified to encumber all of the proposed Parcel D-1(formerly Parcel A-1), as originally intended. • As stated previously,the applicant is also requesting a Subdivision Variance to resubdivide the two existing adjoining parcels, now known as Parcel C and Parcel D on the 2021 Resubdivision Plat. With the proposed realignment of the property lines,the proposed Parcel D-1 will not meet the minimum lot width and street line frontage requirements for properties zoned Agricultural,which necessitates the need for a variance. • The previous 2013 Subdivision Variance layout can be found on page eight of this report. With the previous approval,the parcels were to be resubdivided to add sufficient lot area to the adjoining Parcel C-1, ultimately bringing the single-family lot into compliance with the one-acre minimum lot area requirement in the Agricultural District.The 30-acre parcel to the west of Parcel C-1,formerly known as Parcel A-1(now Parcel D-1),was deficient in the lot width and street line frontage requirements. • The applicant is now seeking to reconfigure the property lines to shift Parcel C-1 to the south and to adjust lot lines to remove a portion of the lot from Parcel D, as it currently encroaches onto the cultivated field.The .56-acre portion to the south of the proposed Parcel C-1 will be released from the easement and the .56-acre portion on the north side will be added back to the easement on the proposed Parcel D-1. • Parcel C-1 will be redeveloped with a new single-family dwelling for the applicant's granddaughter and family. Parcel C-1 will maintain the one-acre lot area requirement, meeting all dimensional requirements within the AG-2 Agricultural District.The access point to Parcel D-1 will shift to the north of Parcel C-1 and will be reduced from 60 feet to 50 feet in lot width. ProposedRequired Lot Width in AG Width in AG Street Line Street Line Lot Area in Lot (feet) (feet) Frontage in AG Frontage in AG AG (acre) Area in AG Parcel C-1 150 feet 187 feet 120 feet 173.68 1 acre 1 acre Parcel D-1 150 feet 50 feet* 120 feet 50 feet* 1 acre 30.99 acres *Variance required W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4&5 Page 2 AG2 � AG2 • a0 D g' �. AGt C1 AG ' Zoning History AG fl ° # Request tt AGt 1 SVR(Lot Width Reduction)Approved 03/26/2013 CUP(Alternative Rural Residential Development) Approved 01/09/2001 °AG1 A P SVR(Minimum Pavement Width)Approved 01/09/2001 G2 AG2 AG2 AG1 2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • These requests for a Modification of Conditions to modify the boundaries of the Agricultural/Open Space Preservation Easement and for a Subdivision Variance to Section 4.4(b)of the Subdivision Regulations for lot width and street line frontage are acceptable, as Staff finds the proposals to be consistent with the principles of the Comprehensive Plan for the Rural Area. Since there will be no increase in residential density,the proposals align with the goals and recommendations of the Comprehensive Plan. Since the boundary for the Agricultural/Open Space Preservation Easement should have been modified with the 2013 Subdivision Variance request,to include all of Parcel D (formerly Parcel A),the proposed request corrects that oversite. This modification will not cause negative impacts to the surrounding property and will in-fact restrict the entire 30-acre parcel for only agricultural and open space uses. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4&5 Page 3 While the proposed reconfiguration of the existing parcels will further increase the degree of nonconformity,Staff is amendable to the variance to reduce the lot width and street line frontage of Parcel D-1.Staff believes that the 50-foot lot width and street line frontage provides adequate ingress/egress for the existing cultivated field and sufficient road frontage.The site is also encumbered by an easement restricting the use of the parcel to Agricultural and Open Space only. Under this easement, Parcel D-1 cannot be developed for residential use.Access to the cultivated field (Parcel D-1) is currently utilized through a path on the existing Parcel C, ultimately causing no adverse impacts to the surrounding community or a change in character. Staff also finds that shifting Parcel C-1 to the south and Parcel D-1 to the north will not be detrimental to the adjacent properties or adversely change the character of the neighborhood.The new single-family dwelling proposed on the new lot, Parcel C-1,will be compatible with the adjacent homes to the south along Morris Neck Road and will meet all the dimensional requirements for properties zoned AG-2 Agricultural. Currently,there is a single-family dwelling developed on Parcel C.The existing single-family dwelling will be demolished, prior to the resubdivision plat being recorded, as a new home will be constructed on the new Parcel C-1. Condition 2 has been added to ensure this. Based on these considerations, Staff recommends approval of these requests subject to the conditions listed below. Recommended • • • for MDC 1. All previous conditions attached to the Conditional Use Permit for Alternative Rural Residential Development approved on January 9, 2001, shall remain in effect and Condition 2, as indicated below,shall be added. 2. The modification to the boundaries of the Agricultural/Open Space Preservation Easement shall encumber all of Parcel D-1, as depicted on the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C& PARCEL D(INSTR. NO. 202100000013)VIRGINIA BEACH,VIRGINIA", prepared by MSA,dated February 2, 2023,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Recommended Conditions for 1. When the Property is developed, it shall be developed substantially as shown the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C&PARCEL D(INSTR. NO. 202100000013)VIRGINIA BEACH,VIRGINIA", prepared by MSA, dated February 2, 2023,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing single-family dwelling on Parcel C shall be demolished prior to the recording of the Resubdivision Plat. 3. The proposed Parcel C-1 shall only be developed with one single-family residence. 4. A note shall be added to resubdivision plat establishing that Parcel D-1 is encumbered by an Agricultural/Open Space Preservation Easement(INSTR. NO. 200407270115274)which restricts the use of the parcel to open space and agricultural uses only. 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 W.W. Realty Associates, LLC&Frank T. Williams Agenda Items 4&5 Page 4 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 • • • from 11 1. An easement covering the subject outside of the area shown for the 46 lots shall be submitted as a component of the final subdivision plat and shall be recorded in the Clerk's Office of the Circuit Court.The easement shall restrict the use of these areas to open space and agricultural uses.The content and form of such instrument shall be acceptable to the City Attorney. 2. The existing dwelling on the subject property fronting Morris Neck Road must be removed prior to the recordation of the 46 new lots. If fewer lots are created,the existing dwelling may remain. However, in no event shall more than 46 dwellings exist on the subject property. 3. Offsite drainage easements must be provided prior to the subdivision approval. 4. A 50-foot vegetated buffer shall be installed along all residential property lines where they abut an active agricultural operation. Such buffer shall consist of a row of Virginia pines and a row of wax myrtle shrubs. The required buffers shall be planted prior to occupancy of the residential lots. 5. The street frontage buffer along Princess Anne Road should consist of the landscape features and berm depicted on the plan entitled "Conceptual Landscape Plan of Pungo Ferry Landing" by Porterfield Design Center, dated 10-11-00. The buffer shall continue along the southern property line to the wood line as shown on the plan. 6. The divided entrance shall be landscaped as depicted on the landscape plan entitled, "Landscape Plan" by Carlton Goodwin dated June 20, 2000. 7. The 10-foot pedestrian ingress/egress easement shall be provided along the main access road as depicted on the preliminary subdivision plan. 8. Intersection improvements shall be installed as depicted on the preliminary subdivision plan entitled, "Pungo Ferry Landing", by Gallup Surveyors and Engineers dated November 8, 2000. 9. A one-foot no ingress/egress easement is required along Princess Anne Road with the exception of the access point for the development. 10. These conditions shall be noted on the final plat, construction plans and individual site plans. 11. To the extent permittable by the Department of Public Health,those lots which do not qualify for a standard septic system (one acre lots)and would otherwise use a land management wastewater treatment system,shall instead use an on-site secondary wastewater treatment system using a peat medium (such as Puraflo) or similar system allowing the use of small lot sizes(below two acres). Except in those instances where land management wastewater treatment must be used because a Puraflo or similar Health Department approved system is not permittable, all lots shall be 2 acres or less in size. W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4&5 Page 5 Comprehensive • . . The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border.The physical character of this area is low,flat land with wide floodplains and altered drainage. It is a place that still contains working farms,farm related businesses, and limited non-residential areas along with some scattered housing sites.There is a significant presence of existing agriculture and rural-based economic activities in this part of Virginia Beach.The vision for this area is to remain rural into the foreseeable future by preserving the agricultural economy and reinforcing rural heritage.The proposal to resubdivide these parcels would not conflict with the guidance of the Comprehensive Plan. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving waters. ImpactsPublic Utility Water&Sewer No public utility impacts are anticipated as the parcel will need to be served by a private well and private on-site sanitary sewage system. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 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 August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 2023. W.W. Realty Associates, LLC&Frank T. Williams Agenda Items 4&5 Page 6 • 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 October 13, 2023. W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4&5 Page 7 M tomom axvv Rat'It UWO*A O IT N!•M Or Mu Mx. • W&WO xD Mt NHfJMu REW 96 MAIM A M MOW i MPf Q7{on 1t1 1�q =IrY a a RM woulmm air M .VASO ."KI w MowuR tw: OfI 0 C Owl,RI- 'm a'M Mil,0906 P6%t 110n-W AW,bMMdWl%OR tlMll NO! w EOC,sm rN 1R•no seRNewm ow 011 anFWA RAR Tn�«PVW ro AN NR lvwwws owsw , ^►i NRMMa DAIL ._ MaRo wa cn x waive r a . Ammwm� OWL `� s�y.,, �tw'scr7'IaIO?YC Ap"OOD MR: el P ��.�� No AD wa t. $,"'T ARMS xwRJ".*W* m p G 1 ' �1 � rfMl 07M,-rr-rn tlR tall a[ { a_mbTi 7M Xfax--ratan �. v 'M,4WI"fMtwa to Y ,* VR" r > AVAVAVA"'VIM aarrn-r-� a to atwin IW rpw X+,r,.,w. it O s+ `4 { RV Y • nun x Vwx ki717GM1M ' S aarsea!-"_ � J r 7 15Q R Jr., Nf�`I4A1 D (1 *-�.&QI,r.' 2 -% {'MA"Q. 0) •.*.._ r.s,xatxYRKf Y.wYExM 4*+Vw.7.Kd ; ww r 71 ,i (D ab to v 9Ei fRf t 7!1Cr•C4S MO d0111A^wn01d (D 20 3 00 Lm Ln e 4 � y HuM Up �►.LLC ar • P,Tqo Ferry l.Andirq.WIC, :a w • .f 7o6%V:Petaee.e »»xl�r r,X6.Qr2,fiftp;eilt � 73*►t?9fu F a ►�•E 1� i Parcel C-1 u x.P us+ '1 I 1 a r.f•+.ts.fa., 1 I Parcel A-1 30.80 ACRaS rase.., • - i- -','„": y-A 70 etrl•I�np eetlM I /i M ,r• +4M C Ir � a»I+tt't+amrfeno 3 � � x xssr�pvf own ,1 Az O RE-SUBDIVISION OF PROPERTY ; n PARCELS A 6 C M.Ulpe C Nam"R L_ FT^D .lJT93 L.$tyr�tt .t mtw:um'nsac O tD W.L.WHlTLIfURST ln°'re.�.fmuf r,b »•►wlto t r NMGIMA StACf(V-HGMA Cl D 20 qq as n,rf� � � vq►+e a.al of awe „s QtU f.". T. e• Ja"s L StyY . 'Y 7-1 Y 17L' E7Q' ?X' is Aoe-rn•lzlef. fD N _ fD 90 lD V 7 to . 1. . '4 f Site Photos i W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4& 5 Page 10 r y Site Photos W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4& 5 Page 11 Disclosure Disclosure Statement ID 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 W.W.Realty Associates,LLC Does the applicant have a representative? Ft Yes ❑ No • If yes,list the name of the representative R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc below. (Attach a list if necessary) Frank T Williams,Sole Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§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,(J)a controlling owner in one entity is also a controlling owner in the other entity,or(m)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 o,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 W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4& 5 Page 12 Disclosure Disclosure Statement Cay fl,,Vi-8.h 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? O 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?M Yes ❑NO • If yes,identify the firm and individual providing the service. Kevin Allison,Corbin&Company,P.C. 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 N NO • If yes,identify the purchaser and purchaser's service providers. 21 W.W. Realty Associates, LLC&Frank T.Williams Agenda Items 4&5 Page 13 Disclosure g-t.rATM �^4 *'�7 f .. - `� I. f y, Jii 1'y, � t rr' �"'�K`"4"tt'�• v ��i t• - 3+ e a�+�?,yafe� r x t jt lc[ti C}7ey �yx, L�i�.rU}�b{Jw,� �W , 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 M 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. Jeff Vlerrether,MSA,P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,Identify the firm and Individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Sii;nature 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. .5 T—U- t. Applicant Signature FrankT.Williams Print Name and Title Date is the applicant also the owner of the subject property? ®Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. a• e that pertains to the applications ® No changes w of Date 1 9/26/2023 signature ..zl Print Name Marchelle L. Coleman Revised 11.09.2020 3 1 P a g e W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4& 5 Page 14 Disclosure Disclosure Statement : Planning&Community Development ate. N The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Frank T.Williams Does the applicant have a representative? K,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?0 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 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 SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4&5 Page 15 Disclosure Disclosure Statement X ID cnv Irw+niu 6,mfi Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,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. Kevin Allison,Corbin&Company,P.C. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. „ 21 W.W. Realty Associates, LLC&Frank T. Williams Agenda Items 4&5 Page 16 Disclosure '� �•" r\t y1' � t�abA'I���..r 51 S� �.� �1�t t+�'1 x _�r ,�y'Y �,��rit y ` � i J.YL xti�Y7, , K c,y t �r.'h.t ,� s� 1� r y t ti aL. 7 4tkt F.'+f�i'T`�'t ++a- -.t���A7"• � q^1ft 't ., "�,9 3... r ?,y4 ry n .!r �r���K!fF':.�i��a:;,c� r'�1!�r• ll���it 4' r�, a . 1 J t 7 1 •N1� � � 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 2 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?V Yes I]No • If yes,Identify the firm and individual providing the service. Jeff Vlerrether,MSA,P.C. 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?3 Yes ❑No • If yes,Identify the firm and Individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. 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. W.W.Realty Assoclates,LLC Applicant Signature Frank T.Williams,Sole Member Print Name and Titie 5�ai 11'� Date Is the applicant also the owner of the subject property? A Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. that pertains to the® applications No changes as of D.- 9/26/2023 SI-I.ra Print Name Marchelle L. Coleman Revised 11.09.2020 3 P a g e W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4& 5 Page 17 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. W.W. Realty Associates, LLC& Frank T. Williams Agenda Items 4&5 Page 18 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item #4 & 5 W.W. Realty Associates, LLC & Frank T. Williams RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Coston. Items number four and five is W. W. Realty Associates, LLC and Frank T. Williams, Modification of Conditions and subdivision variance. Is there any opposition to this? Mr. Bourdon, conditions acceptable? Mr. Bourdon: Thank you, Mr. Horsley, again for the record Eddie Bourdon, Virginia Beach attorney representing Frank Williams and W. W. Realty. The two conditions recommended for the Modification of Conditions are acceptable, as are the four conditions recommended for the Subdivision Variance and again, appreciate Marchelle's hard work on this is kind of complicated in the weeds and appreciate being on the consent agenda. Thank you. Mr. Horsley: Thank you. I've asked Commissioner Clemons if you'd read this into the record. Mr. Clemons:Thank you Mr. Horsley. On January 9th, 2001, the City Council approved the conditional use permit for Alternative Rural Residential Development on property west of this site. As noted in the first condition of that approval, an easement covering the subject property will restrict the use of open space and agricultural uses, except for the 46 single family lots. About 400 acres of the applicant's farm was covered by this agricultural open space preservation easement. In 2013, the Subdivision Variance was granted to reconfigure the subject parcels and that configuration exists today. Now, the applicant seeks to modify the first condition of the 2001 conditional use permit approval to change the boundaries of this easement to reflect changes in the boundaries that were modified on the 2021 re-subdivision plant by way of a Subdivision Variance that was approved by City Council back in 2013. Now due to an oversight, the boundaries of the easement were not modified during the 2013 Subdivision Variance request. The applicant is also requesting a subdivision variance to re-subdivide the two existing adjoining parcels that are on the 2021 re-subdivision plan. They are now seeking to reconfigure the property lines to shift parcel C-1, which is depicted on the graphic to the south into adjust lot lines to remove a portion of the lot from parcel D as it currently encroaches onto the cultivated field. Parcel C-1 will be redeveloped with a new single family dwelling for the applicant's granddaughter and family and C-1 will maintain the one acre lot area requirement, which meets all of the dimensional requirements in AG-2. Based on staff recommendations and our observation that there's no opposition to this request, we ask that this be placed on the consent agenda. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk:Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS FOR MODIFICATION OF CONDITIONS 1. All previous conditions attached to the Conditional Use Permit for Alternative Rural Residential Development approved on January 9, 2001, shall remain in effect and Condition 2, as indicated below, shall be added. 2. The modification to the boundaries of the Agricultural/Open Space Preservation Easement shall encumber all of Parcel D-1 , as depicted on the exhibit entitled "RE- SUBDIVISION PLAT OF PARCEL C & PARCEL D (INSTR. NO. 202100000013) VIRGINIA BEACH, VIRGINIA", prepared by MSA, dated February 2, 2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. CONDITIONS FOR SUBDIVISION VARIANCE 1. When the Property is developed, it shall be developed substantially as shown the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C & PARCEL D (INSTR. NO. 202100000013) VIRGINIA BEACH, VIRGINIA", prepared by MSA, dated February 2, 2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing single-family dwelling on Parcel C shall be demolished prior to the recording of the Resubdivision Plat. 3. The proposed Parcel C-1 shall only be developed with one single-family residence. 4. A note shall be added to Resubdivision plat establishing that Parcel D-1 is encumbered by an Agricultural/Open Space Preservation Easement (INSTR. NO. 200407270115274) which restricts the use of the parcel to open space and agricultural uses only. A G 1 G 2 p 92 A . 2 G2 AG2 AG2 02 AG1 �. f �~ i.7� .`� A 18 B 1 A 1; Aol ,. B2 `J B 1 02 4 Site Property Polygons Franklin Johnston Group Management & Development, LLC �,� ® Zoning 2737 Princess Anne Road & eastern adjoining parcel, Building 2520 Allie Nicole Circle Fe et 0 80160 320 480 640 800 960 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] ADDIE S. VANDERMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC [Property Owners] Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional A- 18 Apartment w/ Workforce Housing Overlay District) & Modification of Proffers to a Conditional Rezoning (to expand and add 176 additional units) Subdivision Variance (to Section 4.4(b) of the Subdivision Regulations) for 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle (GPINs 1494547938, 1494543861, 1494534876). COUNCIL DISTRICT 2 MEETING DATE: October 17, 2023 ■ Background: The applicant seeks to rezone 6.26 acres from AGA and AG-2 Agricultural District to Conditional A-18 Apartment District with Workforce Housing Overlay District, a Modification of Proffers request to expand the existing Southern Pines Apartments, and a Subdivision Variance request to reconfigure two existing lots to accommodate the proposed Phase II (The Silo at Southern Pines) development. The existing development (Phase I - Southern Pines) consists of 240 apartment units and has a building height of 48 feet. The proposed addition includes five apartment buildings and a two-story clubhouse with 176 apartment units, of which, 53 units are designated as workforce housing. The development will have an overall density of 18.94 units per acre. Deviation to the building height is requested to exceed the maximum 35 feet height allowed in the A-18 Apartment District. The applicant is proposing four, four-story apartment buildings each with a height of 55 feet, and one, three-story apartment building fronting Princess Anne Road with a height of 48 feet. A parking study was approved by the Zoning Administrator to reduce the minimum number of required parking spaces from 741 to 726, for a ratio of 1.75 spaces per unit. While the main entrance to the new phase is proposed from George Wythe Drive, a secondary, right-in/right-out, access is proposed from Princess Anne Road. Since this segment of Princess Anne Road is designated as access- controlled in the City's Master Transportation Plan, staff does not support the proposed access. If the access is approved, the applicant will install a barrier within the median of Princess Anne Road to prohibit vehicular traffic from making a u- turn on Princess Anne Road when exiting the development. Franklin Johnston Group Management & Development, LLC Page 2 of 5 Deviations to the required minimum lot width and street line frontage are requested for the proposed reconfiguration of Lot A and Lot B, as exhibited on page 14 of the staff report. Lot A was created by deed in 1975 and does not meet the dimensional standards for property zoned AG-1 & AG-2 Agriculture District. Since the proposal will not result in an increase in the nonconformity, Staff is supportive of the requested variance. Additionally, the applicant seeks to reduce the required front yard setback from George Wythe Drive from the required 30 feet to 20 feet. Since the development has frontage along both George Wythe Drive and Princess Anne Road and the reduced setback would not have a negative impact on the surrounding area, Staff is supportive of the request. Since the site is partially located within the Interfacility Traffic Area (ITA), the applicant appeared before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee (TA/ITA CAC)to share details of the project. The TA/ITA CAC voted to recommend denial of the proposal, finding the proposed density and building height to be incompatible with the surrounding area. The proposal was also presented to the Joint Review Process (JRP) group on September 20, 2023, since a portion of the property lies within the 65-70 dB noise zone. Although Section 1806 of the Zoning Ordinance limits residential development within the ITA to 1 dwelling unit per 15 acres, since all of the residential units are located outside of the ITA boundary, the JRP Group determined that the request was in conformance with Article 18 of the Zoning Ordinance and did not object to the proposal as presented. Regarding the use of the entire 6.26 acres to calculate density, it was determined that since Section 200 of the Zoning Ordinance does not expressly prohibit land within the ITA to be counted for density and as long as the City was consistent in its application of the Ordinance when calculating density, the JRP group did not have any concern. One letter of support and 83 letters of opposition were received, including letters from the TA/ITA CAC, Agricultural Advisory Commission, and Active Transportation Advisory Committee. There were two speakers in support and 21 speakers in opposition at the Planning Commission public hearing. The opposition noted concerns related to building height, density, traffic safety, and parking deficiency. ■ Considerations: The ITA Plan recommends that residential growth be concentrated around existing developed areas including the Municipal Center and Princess Anne Commons. The Comprehensive Plan also prioritizes strengthening the development nodes along the Princess Anne Corridor, noting that more dense development should remain clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons. While the ITA Plan generally recommends a maximum density of up to and no more than one dwelling unit per 15 acres, the policies of the ITA Plan encourage a greater density for the purpose of increasing housing Franklin Johnston Group Management & Development, LLC Page 3 of 5 choices in close proximity to the Municipal Center, where infrastructure is available and the AICUZ allows such development. Staff recognizes the total proposed density of 18.94 units per acre exceeds the maximum allowable density of 18 units per acre for property zoned A-18 Apartment District. The provisions of Section 2106 of the City Zoning Ordinance state that developments that designate at least 17 percent of the proposed dwelling units for workforce housing are eligible for a 30 percent density bonus. Since the Workforce Housing Overlay District is only proposed for Phase 2, the density bonus was only applied to the 6.26-acre parcel. The applicant has proffered 30 percent (53 units) of the proposed 176 units for workforce housing, exceeding the minimum requirement of 17 percent. According to the applicant, the units designated for workforce housing will be leased at approximately 25 percent below the rental market rate. To address the height concerns, the applicant offered to reduce the height of the proposed building that fronts Princess Anne Road from four to three stories and to reduce the height of the remaining four apartment buildings from 59.8 to 55 feet. In addition, a landscaped berm will be installed along Princess Anne Road to help screen the buildings. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On October 11, 2023, the Planning Commission passed a motion to recommend approval of these items by a recorded vote of 7-4 with modification to change the access point on Princess Anne Road to allow for emergency vehicles only. The proffered exhibits will be revised to address this change prior to the City Council public hearing. Proffers for Conditional Rezoning & Modification of Proffers Proffer 1: When developed, the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan", dated May 31, 2023, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "The Silo at Southern Pines Conceptual Elevations" and dated May 31, Franklin Johnston Group Management & Development, LLC Page 4 of 5 2023 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six (176). Not less than thirty (30) percent of the total number of residential units developed on the Added Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. Proffer 4: Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "The Silo at Southern Pines Conceptual Planting Plan", and dated May 31, 2023 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Added Property shall be a monument- style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC)during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management Ordinance(s). Proffer 7: Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. Condition for Subdivision Variance 1. Prior to final site plan approval, the applicant, or the applicant's successors or assigns shall submit a Resubdivision Plat to the Virginia Beach Department of Planning for review and approval. Said Plat shall be substantially as shown the exhibit entitled "Subdivision Variance Exhibit of 11.687 acres Fronting Princess Anne Road for The Franklin Johnston Group", dated September 6, 2023, and prepared by Timmons Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Franklin Johnston Group Management & Development, LLC Page 5 of 5 ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Letter(s) of Opposition (83, including letters from AAC, ATAC, TA-ITA) Letter of Support (1) Letter from the Applicant Letter from NAS Oceana JRP Determination Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant Franklin Johnston Group Management & Development, Agenda Items ILLC Property Owners Addie S. Vandermel Revocable Trust & et al, 2, 3Y William E. & Phyllis H. Sawyer, Keeling wood Apartments, ('iltlj • • • • • October 1 23 Virginia BeachCouncil" Requests #2-Conditional Rezoning(AG-1 &AG-2 Agricultural to Conditional A-18 Apartment w/ Workforce Housing Overlay District) #3-Modification of Proffers(to expand and add 176 additional units) #4-Subdivision Variance(Section 4.4(b)of the Subdivision Regulations- Lot Width,Street Line Frontage) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 2737 Princess Anne Road &eastern adjoining parcel, 2520 Allie Nicole Circle GPINs 1494547938, 1494543861, 1494534876 % s Site Size 27.39 acres(new development area 6.26 acres) AICUZ 65-70 dB DNL, Less than 65 dB DNL, partially within ITA Watershed "` G..+ Southern Rivers "r #• �. . s a , ° Existing Land Use and Zoning District �� •,, s.. 0 ;, r._�1, Multi&single-family dwellings, cultivated field, A-18 Apartment,AG-1&AG-2 Agricultural Surrounding Land Uses and Zoning Districts ';1•- 4, �`` R/4,c North �' FSs4ti y b, Princess Anne Road Single-family dwellings, religious use/R-10 Residential,AG-1&AG-2 Agricultural ,::' �► r`�' • W y South L'� ,� ,�ti• F, � • �?'f., , Golf course/AG-1 Agricultural ` 0�. ° doe East George Wythe Drive,George Mason Drive Religious use,shopping center, undeveloped „ parcel/B-2 Community Business,AG-1&AG-2 Agricultural West Single-family dwellings,golf course/AG-1&AG-2 Agricultural Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 1 Background & Summary of Proposal • The applicant seeks to rezone 6.26 acres from AG-1 and AG-2 Agricultural to Conditional A-18 Apartment with Workforce Housing Overlay District,a Modification of Proffers request to expand the existing Southern Pines Apartments with an additional 176 units, and a Subdivision Variance to reconfigure the existing lots for the proposed development. • The existing Southern Pines development was approved in 2014 for the construction of 240 multi-family dwellings on 15.7 acres for a density of 15.29 units per acre. The site layout and building design of the existing development will not be modified; however,the applicant is proposing new proffers to include the addition of 6.26 acres for the construction of an additional 176 multi-family units. • The 176 additional multi-family dwelling units will result in an overall density of 18.94 units per acre. The development will include a Workforce Housing (WFH) component which allows for a 30 percent density bonus per Section 2106 of the City Zoning Ordinance. • Density Calculation: Maximum Units Workforce Maximum Units .- of Acreage Permitted under A-18 Housing Bonus Permitted (including Proposed Workforce Phase 1 15.70 282 - 282 240 Phase 2 6.26 112 33 145 176 Total 21.96 394 33 427 416 Total Proposed Density (units/acre) 18.94 • While not proffered,the applicant estimated the number of bedrooms for Phase II as follows: TypesUnit • of • Bedrooms 1 Bedroom 92 92 2 Bedrooms 65 130 3 Bedrooms 19 57 Totals 176 279 • The main entrance for the new phase is proposed from George Wythe Drive. A secondary, right-in/right-out, access is proposed from Princess Anne Road, this portion of which is designated as access-controlled in the City's Comprehensive Plan and Master Transportation Plan. The applicant does anticipate a large portion of the development's traffic would utilize the access point on Princess Anne Road. Should the City Council approve the access from Princess Anne Road, right-of-way improvements, including a right-turn lane would be required, as depicted on the proffered plan. • The proffered Concept Plan and elevations depict four,four-story apartment buildings each with a height of 55-feet and one,three-story apartment building fronting Princess Anne Road with a height of 48 feet. The exterior fa4ade is comprised of brick, vinyl lap siding, cementitious panels, asphalt shingles, and metal roofing. The proposed two- story clubhouse will feature similar exterior materials and is proposed to be 32.58 feet in height. Similar to the 2014 approval,the applicant is requesting a deviation to allow an increase in the height from the 35-foot maximum permitted in the A-18 zoning district to a maximum height of 55 feet. The existing three-story apartment buildings in Phase 1 were granted a deviation to allow for a maximum height of 48 feet. • A deviation to the required 30-foot front yard setback from George Wythe Drive is requested. The proffered Concept Plan depicts a 20-foot setback from George Wythe Drive. Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 2 • The site is partially located within the Interfacility Traffic Area (ITA). The applicant appeared before the Transition Area/Interfacility Traffic Area Citizen's Advisory Committee(TA/ITA CAC)on September 7, 2023,to share details of the project.The TA/ITA CAC voted to recommend denial of the proposal,finding the proposed density and building height to be incompatible with the surrounding area,and recommended access from Princess Anne should be prohibited. • The applicant appeared before the Joint Review Process (JRP) Group to discuss the proposed project on September 20, 2023.The JRP Group finds the proposal to be in compliance with Article 18 of the Zoning Ordinance. • The proffered plan proposes a variety of amenities to include an outdoor swimming pool, as well as a clubhouse with a fitness center. Grilling stations may also be provided; however,the specific details will be finalized during the final site plan review process. • A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces subject to an indication that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle.While 741 parking spaces are typically required for a multi-family development of this size,the parking study indicates that the proposed 724 parking spaces provided (ratio of 1.74 spaces per unit)will meet the needs of the residents. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage for proposed Lot A-1. • As shown below, a deviation from the dimensional standards for property zoned AG-1 and AG-2 is needed. Required Existing Lot Proposed Required Existing Proposed Proposed Lot Minimum Lot Width Lot Width Minimum Street Line Street Line Width(feet) (feet) (feet) Street Line Frontage Frontage Frontage(feet) (feet) (feet) Lot A-1 in AG-1&AG-2 150 25.18 25.18 - 120 25.18 25.18 Lot B-1 in A-18 60 675 675 48 68.07 68.07 *Variance Requested Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 3 Zoning History # Request 1 MDP Approved 06/20/2023 _ 2 CUP(Automobile Service Station)Approved 12/13/2022 G2t ' MDP Approved 12/13/2022 3 CRZ(B-2 to A-18)Approved 01/07/2020 4 MDC Approved 09/06/2016 MDC Approved 05/24/2011 ZAG MDC Approved 02/12/2008 . ,AG4 - CUP(Religious Use)Approved 12/03/1996 MDC Approved 09/27/1994 4 G; CUP(Religious Use)Approved 10/26/1993 ro 7 Q 00P2 � 5 CRZ(AG-1 to A-18)Approved 07/08/2014 AG1 AG1 �. f'A� CUP(Religious Use)Approved 06/10/1997 AG.1 6 CUP(Automobile Service Station)Approved 05/10/2011 AGt / MDP Approved 05/10/2011 CUP(Automobile Service Station)Approved 03/27/2007 MDP Approved 03/27/2007 7 CUP(Recreational Facility)Approved 02/03/2009 CUP(Outdoor Recreational Facility)Approved ox +O'81Bt ! + 05/27/1997 8 CRZ(AG-1,AG-2, B-1 to B-2)Approved 06/08/2004 CRZ(AG-1 to B-1)Approved 02/02/1978 9 CUP(Transmission Facility)Approved 09/22/1998 10 SVR Approved 10/13/1992 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 STIR—Short Term Rental Evaluation • • • The proposal to rezone 6.26 acres along with a Modification of Proffers request to incorporate the 6.26 acres into the existing multi-family development to allow for the construction of 176 additional multi-family dwellings,and Subdivision Variance request to reconfigure two existing lots are, in Staffs opinion, acceptable. The proffered Concept Plan depicts four,four-story apartment buildings, one,three-story apartment building, and one, two-story clubhouse.The maximum building height allowed in the A-18 Apartment District is 35 feet.The proposed building height is 55 feet,exceeding the maximum allowed height by 20 feet.The applicant is requesting that the increase in height be addressed through the provision of Section 107(i),which states the following: The City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions... otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. To address concerns regarding the viewshed from Princess Anne Road,the building fronting Princess Anne Road was reduced from four stories to three stories, and a 3-foot tall berm with enhanced landscaping is proposed. In Staff's opinion,the proposed building height combined with the landscaped berm will not cause detrimental impacts to the surrounding properties.The applicant has provided renderings of the view from Princess Anne Road which are included below. Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 4 Approximately 2.79 acres of the 6.26-acre property is located within the Interfacility Traffic Area.The applicant appeared before the TA/ITA CAC on September 7,2023,to share details of the proposal.While the Committee agreed that the building design reflects the rural architecture of the area,they felt the proposed building height and density were not compatible with the surrounding area,and the proposed access point from Princess Anne Road poses a traffic safety concern.As such,the Committee voted to recommend denial of the proposal. The applicant also appeared before the Joint Review Process (JRP)Group to discuss the project on September 20, 2023. Section 1806 of the Zoning Ordinance states that residential development within the limits of the ITA shall not exceed a density of 1 dwelling per 15 acres. As Section 200 of the Zoning Ordinance does not expressly prohibit the inclusion of land within the ITA to be counted for density and all apartment units are proposed outside the limits of the ITA,the JRP Group determined that the subject request conforms with the standards set forth in Article 18 of the Zoning Ordinance. While the ITA Plan states that for the most part, residential density within the ITA should be limited to one unit per 15 acres for residential development (page 16),the plan also recommends that residential growth should be concentrated around existing developed areas including the Municipal Center and Princess Anne Commons(page 5). The Comprehensive Plan also prioritizes strengthening the development nodes along the Princess Anne Corridor, noting that more dense development should remain clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons. The Plan further recognizes the benefit of incorporating residential uses outside of the AICUZ to create vibrant, mixed-use districts where people can live,work, and recreate within walking distance to services and gathering spaces. Two such nodes, referred to as "Initiative Areas" in the ITA Plan,are the Historic Princess Anne Center and the Municipal Center, both of which are in close proximity to the subject site. One of the key recommendations of the ITA Plan for the Municipal Center is the need to introduce a mix of residential units into the district to enliven the complex around the clock,to create a consistent pedestrian network, and provide attainable housing for City workers.The ITA plan calls for multi-family residential within the core of the Municipal Center along George Mason Drive. While the ITA Plan recommends a maximum density of up to and no more than one dwelling unit per 15 acres,the policies of the ITA Plan, as described in a previous paragraph, encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center,where infrastructure is available and the AICUZ allows such development. While Staff recognizes the total proposed density of 18.94 units per acre exceeds the maximum allowable density of 18 units per acre for property zoned A-18 Apartment District,the slight overage is due to the inclusion of workforce housing in the development. According to Section 2106 of the City Zoning Ordinance,developments that designate at least 17 percent of the proposed dwelling units for workforce housing are eligible for a 30 percent density bonus.The Workforce Housing Overlay District is only applied to the 6.26-acre parcel and not the existing Phase I,Southern Pines development,since the workforce housing units are only included in Phase 2. Of the 176 additional units proposed,30 percent,or 53 units,would be designated for Workforce Housing.According to the applicant,the units designated for workforce housing will be leased at approximately 25 percent below the rental market rate. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required. Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle."As required,the Zoning Administrator determined that while 741 spaces are typically required for a multi-family development of this size,the final parking ratio of 1.74 spaces per unit and the reduction to the minimum number of required parking spaces from 741 to 724 spaces is justified.The site is within a half-mile distance of shopping centers, retail establishments,and parks, all of which are connected via sidewalks and a shared multi-use path. In addition,the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront. The proffered Concept Plan shows an access point on Princess Anne Road; however,this segment of Princess Anne Road is designated as "access controlled" in the City's Master Transportation Plan, a component of the Comprehensive Plan, Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 5 thus new direct access to the roadway from private access points is not permitted. The applicant has stated that it would be unreasonable for access to the property to be provided solely from George Wythe Drive,which currently serves as an access point for Phase 1 of the development.The applicant has also stated that without access to Princess Anne Road, it would be a "significant inconvenience"for residents and create"confusion"for visitors, delivery drivers,and others who visit the property. While Staff does not support the access point from Princess Anne Road due to the inconsistency with the recommendations of the Comprehensive Plan as well as negative effects on the roadway capacity and safety,should the access be approved,Staff recommends that the existing right turn lane on Princess Anne Road be extended to provide the required deceleration length and taper for this site. Extension of the turn lane is depicted on the proffered Concept Plan. In addition,the proposed right exit on Princess Anne Road creates hazardous conditions as vehicular traffic can cross two highspeed travel lanes to make a u-turn heading westbound.To address this concern,the applicant is proposing a barrier to be installed in the median that would prohibit such maneuvers. Details of this proposal and the type of barriers will be decided during site plan review. Section 107(i)of the Zoning Ordinance states that the City Council can,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, consider a reduction in the dimensional requirements. In Staff's view,the request to reduce to building setback from George Wythe Drive from 30 feet to 20 feet is acceptable.The development has frontage along both George Wythe Drive and Princess Anne Road and the reduced setback would not have a negative impact on the surrounding area. Lot A was subdivided by deed in 1975 (DB 1467, P 532) and does not meet the required 150-foot lot width and 120-foot street line frontage for property zoned AG-1 &AG-2 Agricultural District.As such,a Subdivision Variance request is required. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance request to be compliant with the conditions of Section 9.3.The nonconforming Lot A currently has 25.18 feet of lot width and street line frontage; however,the proposed reconfiguration of Lot A and Lot B would not create an increase in the nonconformity and as such is supportive of the request. Information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity and the additional students will be within the acceptable threshold for increases in student population. The applicant proposes to utilize the existing ponds in Phase I, as well as an underground stormwater storage system to meet the stormwater management requirements. Staff reviewed the conceptual stormwater management strategy and agreed it has the potential to successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. Franklin Johnston Group Management&Development, LLC Agenda Items 2, 3,4 Page 6 Based on the above considerations, Staff recommends approval of these requests, with the exception of the access point on Princess Anne Road, and subject to the proffers and conditions listed below. Proffers D. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. The following proffered conditions are hereby added to the Original Proffers (2014) with respect to the Added Property, and shall be the proffered conditions applicable to the Added Property(but shall not affect the Original Property): Proffer 1: When developed,the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan", dated May 31, 2023,and prepared by Timmons Group (the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "The Silo at Southern Pines Conceptual Elevations" and dated May 31, 2023 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six(176). Not less than thirty (30) percent of the total number of residential units developed on the Added Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. No residential unit will be developed within that portion of the Added Property located in the Interfacility Traffic Area as of the date of this Agreement. Proffer 4: Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "The Silo at Southern Pines Conceptual Planting Plan", and dated May 31, 2023 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Added Property shall be a monument-style sign not exceeding eight (8)feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management Ordinance(s). Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 7 Proffer 7: Except as expressly modified by this Agreement,all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended • • • 1. Prior to final site plan approval,the applicant,or the applicant's successors or assigns shall submit a Resubdivision Plat to the Virginia Beach Department of Planning for review and approval. Said Plat shall be substantially as shown the exhibit entitled "Subdivision Variance Exhibit of 11.687 acres Fronting Princess Anne Road for The Franklin Johnston Group",dated September 6,2023,and prepared by Timmons Group,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located partially within an area designated as the Interfacility Traffic Area/Princess Anne Special Economic Growth Area (SEGA 4). More specifically,the subject site lies within the Historic Princess Anne Center,which includes the Virginia Beach Municipal Center/Court Complex,the Princess Anne Historic and Cultural Zoning Overlay District,and the surrounding area. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential,commercial,and open spaces to complement the form and function of the municipal center,court complex, and historic district. Planned land uses, both public and private,should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel, and institutional uses. ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 29,560 ADT' 39,700 ADT 1(LOS°"D") Existing Land Use 2—0 ADT Nimmo Parkway 18,900 ADT1 31,100 ADT 1(LOS°"D") Proposed Land Use 3-1,106 ADT 'Average Daily Trips Z as defined by a 6.4-acre vacant 3 as defined by 176 apartment 4 LOS=Level of Service parcel units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road and Nimmo Parkway are both four-lane suburban major arterials.There are no CIP projects scheduled for either Princess Anne Road or Nimmo Parkway in the vicinity of this application. Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 8 This segment of Princess Anne Road is designated as "Access Controlled" in the Master Transportation Plan. Certain roads, due to their function in the overall roadway network, need a higher level of access control than roads whose function is to provide more direct access. Roads designated "Access Controlled" have restricted direct access to and from that roadway segment for new developments. Private direct access is not permitted on these roadway segments, except when the property in question has no other reasonable access to the circulation system. In this case,the proposed development has reasonable access in the form of a public roadway,George Wythe Drive,which was built as a reverse frontage roadway so that individual developments would not need direct access to Princess Anne Road. The Princess Anne Corridor Study(PACS),which was adopted by City Council in December 2009, recommends that properties adjacent to the Virginia Beach National Golf Course,within the Interfacility Traffic Area and south of the Southeastern Parkway that front on Princess Anne Road should "utilize reverse frontage access with internal roadway links to existing points of access on Princess Anne Road or,where available, by connecting to other tracts of land that afford access to Nimmo Parkway'.The PACS also states that"no new access points to Princess Anne Road are recommended for properties that develop in this unified fashion." Traffic Engineering Staff does not support any access to this site from Princess Anne Road; however,should the Planning Commission and City Council contemplate approval of the proposed access on Princess Anne Road,Traffic Engineering Staff recommends that said access be limited to right-in only. Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of 176 apartment units within 5 buildings,a clubhouse building, and a parking area. In addition to the lots,this project will include associated right-of-way improvements and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions,towards the public drainage system in Princess Anne Road, and towards the existing Southern Pines Apartments wet pond. Stormwater runoff from the proposed buildings and surface parking lot will be collected into underground storage chambers that will treat for water quantity before discharging into the existing Southern Pines Apartments wet pond. StormTech Isolator Row Plus and other Manufactured Treatment Devices will be used for water quality pollutant load reduction requirements. Based on the information provided by Timmons Group in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 6.30 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area: 5.10 acres Stormwater Management Facility Design Information Type of facility proposed: Underground storage chambers, isolator row plus Description of outfall:Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge directly into the existing Southern Pines Apartments wet pond. Franklin Johnston Group Management&Development, LLC Agenda Items 2, 3,4 Page 9 Downstream conveyance path:This site is part of the Upper North Landing River Drainage Basin. Drainage from this site drains through a series of interconnected ponds on Virginia Beach National Golf Club, through roadside ditches to Salem Canal, into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water City water is available for connection.There is an existing 12-inch City water main along George Wythe Drive and a 20- inch main along Princess Anne Road. Sewer City sanitary sewer is available for connection.There is an existing eight-inch City sanitary sewer gravity main along George Wythe Drive and Princess Anne Road. School • . School Current Enrollment Capacity Generation 1 Change 2 North Landing Elementary 451 students 495 students 20 students 20 students Landstown Middle 1,267 students 1,415 students 8 students 8 students Kellam High 1,875 students 2,093 students 9 students 9 students "Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • Eight letters of opposition have been received by Staff noting concerns related to building height, density, traffic safety, and parking deficiency. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on September 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, September 27, 2023 and October 4, 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 September 25, 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 October 5, 2023. City Council • The applicant requested these applications be expedited to the City Council on October 17, 2023, and the Mayor granted the request. Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 10 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on October 13, 2023. Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 11 _ 'fdrygt;R:E7!Hgx:,{�S1H7gp P)PP. — v ,-- r 4�1 �L � srtE oADlt � � � TLL♦RFII. ale.+�K .,.,w•„ SS - h t JE)N n-G i To l41] ¢ - ,�#..+faF(lNns na j Q PEE Y.O AT SUUTlIERN♦'.NfS Zee PACES :T14ERN PAES <SE JN SEK.ED { N P1DVi SM.CIS('RO`A11fo e . N o1E SYNNrtt }ABM 1 a., I I .`11 l_>'v r-F SITE COYEIIAGE DtMYARY: + 1s --E 4.0 AT SUNTMEIIN PNES SB Zt+ (7 •`•:' ,.-• � i'r'UiHERN PNES .S Q'• _�,REcaTE srt=caN,:HAOE as r 0 REMtMTTELI[Id15111! +IFRN PnfS IS)K-782 Uh Y.0 AI SUUiIlHN PNfs -41W70 -- ` JxePMCE PUUSIxKi DEMnT Ec»+US ala K H JOf I -OLLn—"TEo DEN"' ,37 ualn - .� L�..•. JLl J.e19 t; ,•g :!, lA1 :0' .,! dA;u= RROROSED OEDID" d E .,Ise •M�","" I ('y .t.HRN 1^.nE1 -U5I YJUIMfHn PllO/OS® EMT EIaIMS ao n) 3 h SOUTHERN PINES `�, •'����'• OrogoCC TIMMONS GROUP Development Plan-May 31,2023 r TON• „ow• « • •�«• � rD rt O (D 3 -u v (D v N � CJq rD W r N � r— IV A r) 571J.'Yr'GiCS C31L7iiQ:33 ''•SSA7� VA BEACH WNDSCAPE REQUIREMENTS �/'� ((���� (���n �"iiLIIJ R1G�'P!•rtRt � an..r xr �rernxrz�cs ncr arol;xro lr lfU:J LV AJ !A UV lIV �{O G�.D rx.LOT nnmcMrrnracr 7,M Sr SF z 2M PARI(INC SFnC SI no—;1-VwMv !W,LOT lNnWM f.!)VC EHK)VIDCD.OV1% L�W'A"I hcx'D • -----_ I mcen,�aw�;zx�•• �= cseT.�Ts� v;� p . arrxs� ¢<. ill- fi , T , Pa 71 4,. AF t r; 7r C0%CFPT PLAN SCHECJLE ` umcF 1 M. .. j, .,......,....,..,.,..,� � �r_ .)" u a - - � - rD v 3 SOUTHERN PINES mConceptual Development Plan-May 31,2023 go TIMMONS GROUP D (D Q < a) rD O 3 � N � � W r Proposed ResubdivisionExhibit NJ�YNYfi1F//!)NW/MNViIL/U .... MOYW01M iMY1Wn 1•�••• co peon equ OU14 s a� CN Ui a O � cc tj ' o I J a Pgpj au-ub ssaouiad a, Z �rr a i w W QI �' V i Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 14 Proposed Renderings ICI wa Y A v r ' >4 r4x +n-i SL7 �t Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 15 Proposed Renderings AL, IfF LA •s, -+�- ` vac. ' i � . f s _ - r o• . • a :. Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 16 Proposed Elevation Plan /i■MEN■■■■■\:'�■�� �::► M INN■, ■:::: ■::I■::I■ � f -� �;�,:�� ■ :111111111��, �1111111111 Building Side Elev The No of Southern Pines C'nnC.P.pfunl Flavntlnna so � • I ' Proposed Elevation B r-W-1l ! � I I E#1 fIl 11 [ rVI .w 1 I 1 ! TT I F 11 - IT] �AMII�KLII:I:�.. El 10 t 0 Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 18 Proposed Elevation Building Materials & Height O 2 3 IF,q w P�L r!- r1r, Mn 1 111 a 0 rin ITS �1 1. Brick Masonry 4. Interior Color Palette _. 2. Asphalt Shingle 5. Vinyl Lap Siding 3. Metal Architectural 6. Cementitious Panels Roof _ 4-Story Apartment Height: 55'-0" -3-Story Apartment Height: 48'-0" Clubhouse Max Height: 32'-7" Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 19 n s r �".. i 4 i �c I f� a7 'Site Photos LIM i Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 20 AI 'Site Photos I , ill lijil ON Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 21 G1NIA'BFA a14 � c�G O4 i CITY OF VIRGINIA BEACH t INTER-OFFICE CORRESPONDENCE P S O OUR NPtON In Reply Refer To Our File No. DF-11046 DATE: October 6, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 17, 2023. 1 have reviewed the subject proffer agreement, dated May 23, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager's Office Prepared by: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Sanders UP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this"Agreement"), made this 23 day of May , 20 23 , by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT. LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); and JOYCE VANDERMEL WASSUM AND VIRGINIA VANDERMEL PAULEY. Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; JOYCE VANDERMEL WASSUM;VIRGINIA VANDERMEL PAULEY;SUSAN VANDERMEL GODWIN;AMY VANDERMEL SHEPARD;WILLIAM EVERETT SAWYER;ELGIA L.EASTER,Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; GRACE SAWYER WOODY;WILLIAM E.EVERETT;PHYLLIS H.SAWYER;(collectively"Sawyer Family", and to be indexed as grantor); and KEELINGWOOD APARTMENTS.LLC,a Virginia limited liability company ("Keelingwood", to be indexed as grantor) (FJG, Sawyer Family, and Keelingwood hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, JOYCE VANDERMEL WASSUM and VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; JOYCE VANDERMEL WASSUM, VIRGINIA VANDERMEL PAULEY, SUSAN VANDERMEL GODWIN and AMY VANDERMEL SHEPARD; WILLIAM EVERETT SAWYER; ELGIA L. EASTER,Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; and GRACE SAWYER WOODY, are the current owners of that certain parcel containing approximately 6.5 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-7938-0000 ("Parcel A"), as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS,WILLIAM E.SAWYER and PHYLLIS H. SAWYER are the current owners of that certain parcel containing approximately 4.93 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-3861-0000 ("Parcel B"), as more particularly described in Exhibit B attached hereto and incorporated herein by reference; and GPIN: 1494-54-7938-0000; 1494-54-3861-0000; 1494-53-4876-0000 161004100A WHEREAS,FJG is the current contract purchaser of those portions of Parcel A and Parcel B that are described in Exhibit C attached hereto and incorporated herein by reference(the"Added Property"); and WHEREAS,Keelingwood is the owner of the real property described on Exhibit D attached hereto (the "Original Property"), which Original Property is currently zoned Conditional A-18, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Franklin Johnston Group Management & Development, L.L.C., Trustees of First Lynnhaven Baptist Church, and Grantee dated January 31, 2014, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia(the"Clerk's Office") as instrument number 20140711000631540(the"Original Proffers"); WHEREAS,FJG and Sawyer Family have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Added Property from AG-1 &AG-2 to Conditional A-18; and WHEREAS, Grantor desires to amend and modify certain of the covenants, restrictions, and conditions set forth in the Original Proffers as provided herein, in order to incorporate the Added Property into the Original Proffers, subject to the terms of this Agreement; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and'other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning,site plan,building permit or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Added Property and hereby covenant and agree that these proffers (collectively,the"New Proffers")shall constitute covenants running with the said Added Property, which shall be binding upon the Added Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: The following proffered conditions are hereby added to the Original Proffers with respect to the Added Property, and shall be the proffered conditions applicable to the Added Property(but shall not affect the Original Property): 1. When developed,the Added Property shall be developed in substantial conformity with the conceptual site plan entitled"The Silo at Southern Pines Conceptual Development Plan", 2 162906395v1 dated May 31, 2023, and prepared by Timmons Group(the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox,Kliewer& Company, P.C., entitled"The Silo at Southern Pines Conceptual Elevations"and dated May 31,2023 (the"Elevations"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six (176). Not less than thirty (30) percent of the total number of residential units developed on the Added Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. No residential unit will be developed within that portion of the Added Property located in the Interfacility Traffic Area as of the date of this Agreement. 4. Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled"The Silo at Southern Pines Conceptual Planting Plan",and dated May 31,2023(the"Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review: 5. The community identification sign on the Added Property shall be a monument- style sign not exceeding eight(8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 6. The final stormwater management plan submitted to the Development Services Center(DSC)during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management ordinance(s). 7. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the 3 162906395v1 ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 162906395v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC, a Virginia limited liability company By: L/ Name: 2 l Lt Fr&41 kli n Title: Manager By: Ae Name: r f"e Title: Manager STATE/COMMONWEALTH OF CITY/COUNTY OF �� a.—�P�� ,to-wit: The foregoing instrument was sworn to and acknowledged before me this Ae-Aay of _ 7 jzli-. 1 2023, by W4/)de/1 C. and T V16 r-r-,r& WI.,--) _ in their capacities as Managers of Franklin Johnston Group Ma agement & Development, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this A�ay ofTe_�,2023. Notary Public (SEAL) My Commission Expires: 3 azaa' Barbara Maureen Byrnes Registration Number: 7olPQ 8 alo Notary Public Reg#706MO Commonwealth of Virginia 5 1573113120 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: eta A/ YCE VANDERMEL WASSUM, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16,2014 (30) CE VANDERMEL WASSUM STATE/COMMONWEALTH OF CITY/COUNTY OF ,to The foregoing instrument was sworn to and acknowledged before me this-45� day of 2023, JOYCE VANDERMEL WASSUM, as Co-Trustee of the Addie S. Vandermel kevocable Trust dated January 16, 2014 and Individually. S/He is either personally known to me or has produced _ as identification. Witness my hand and official stamp or seal this-9day of _�71454 _,2023. Notary Public (SEAL O111r11rir11,� My Commission Expires: `�-�8�� � `t'�,�YA�s��►' Registration Number: lil G r�r3so R zr 'H OF Illilfll 6 1573113120 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: I VIRG IA VANDERMEL PAULE , Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16,2014 VIRG A VANDERMEL PAULEY STATE/COMMONWEALTH OF. 1't 1111 CITY/COUNTY OF V1rA1n1A 13ecl( i ,to-wit: The foregoing instrument was sworn to and acknowledged before me this at day of t-�OktA_ 2023, VIRGMIA VANDERMEL PAULEY, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16, 2014 and Individually. S/He is either personally known to me or has produced_C 11 W Cil l 1(t'h1SC as identification. Witness my hand and official stamp or seal thisl-5110 day of 0(0 2023. Notary Public (SEAL) My Commission Expires: 05/ 61/2-025 ,,',, �� � ,Ir•• Registration Number: l�•; ;_o G�;'c. z 'yV S.SfpN BE ;p: 79 7244 Q 157311312v1 Aud"Wgn ID:530DSF3F-E8F8-EDIT-907A4D45BDD47FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SU AN VANDERMEL GODWIN STATE/COMMONWEALTH OF CITY/COUNTY OF it 4i ,,y, t3c�c! ,to-wit: The foregoing instrument was sworn to and acknowledged before me this Jai day of k-- / , 2023, SUSAN VANDERMEL GODWIN. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this.ls' day of }9(���/ ,2023. Notary Public (SEA ��1►l r r u r�� ��`� s cJpl� M. ''. ` J My Commission Expires: -Z� .2�ii2��YpG�r��y Cp M MY c� SS, Registration Number: ) . NUrwaeON R aat366 8 157311312vl Authentlsign ID:630D5F3F-E6F8-ED11-907A-6045t1D047FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: ( ttj -,I AMY VANJDERMIEL SHEPARD STATE/COMMONWEALTH OF�r�24„v,, CITY/COUNTY OF _ ,,J�a� e to-wit: The foregoing instrument was sworn to and acknowledged before me this J-�ay of 2023,AMY VANDERMEL SHEPARD.S/He is either personally 1Q1own to me or has produced as identification. Witness my hand and official stamp or sea]this-45-'4�day of�,2023. Notary Public (SEAL) ``�4►1111Irr/,� . .... M. My Commission Expires: •2-lasla•e s-4 ` '��Y ACi��� Cp MY �0 Registration Number: / 9/3G G = 0 MMSSIQ ��'•, 1366R a �'��gLTH OF ��•�• 'r�trrlttttt� 9 157311312v1 IN WITNESS WHEREOF,the undersigned Granter executes this Agreement as of the date first written above. GRANTOR: WILLUM EVERETT SAWYER,a/k/a WILLL4,M E.SAWYER OCOUNTYOF SSTATE/COMMONWEAOF V° r' i►t t C�. ct' q.to-wit: The foregoing instrument was swom to and acknowledged before me this 30 day of ,2023,WILLIAM EVERETT SAWYER,a/k/a WILLIAM E. SAWYER. S/He is either ersonally known to me or has produced N'i d-.VS Li C:t i l as identification. Witness my hand and official stamp or seal this 3 0day of G(_,2023. Notary Public (SEAL) My Commission Expires: -7r31 4Q °` ,.. C..f4, o Registration Number: I OooA o•�vQ:''�pTARY'%�pG°w �• t M Comm.Expires' G o '. 7215513 r h 0o O,y ........... t L�`'B6[[C4tUUUC 10 157311372vl AVthenGsign ID:530D5F3F-E8F8-ED11-907A-6045BDD47FE4 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PHY IS H.SAWYER STATE/COMMONWEALTH OF V 1 fi j y\'Ck , (Ey/COUNTY OF y t�( t1i_cSP to-wit: The foregoing instrument was sworn to and acknowledged before me this 3(7 day of 2023,PHYLISS H. SAWYER. S/He is either personally known to me or has produced , Vt-1rS; L-iU^4 , as identification. Witness my hand and official stamp or seal this_30 day of ni_ 2023. v-4�� Notary Public (SEAL) My Commission Expires: �'3�' o0oe6���►NCENo��. Registration Number: -a- cc, '-� Ry s�pGG`. o.�; MY Comm.E i es VkB o z c�i 7215513 Q a ' � o �Bo�V��BEOi O9 094q li 157311312v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: A' AANEA"ASTURR, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16,2015 STATE/COMMONWEALTH OF Y rs m j, CITY/COUNTY OF �j,,c3L*&,4 �i�,,R. ,to-wit: The foregoing instrument was sworn to and acknowledged before me this '1&1 day of Otx,k, .2023,ELGIA EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dted July 16, 2015. S/He is either personally known to me or has produced WWC,rS 14 kt4-11 as identification. Witness my hand and official stamp or seal this -Wh day of ,2023. Notary Public (SEAL) sco"EULTON My Commission Expires: q -3U"2021, Notary public Commonwealth of Virginib Registratlon No. 7153626 My Commission Enplres Sep 30,2026 Registration Number: 7 IS311a& 12 157311312v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date fast written above. GRANTOR: J4�, GRACE SAWYER WOODY STATE/COMMONWEALTH OF �� CITY/COUNTY OF t ✓l// ,to wit The foregoing instrument was sworn to and acknowledged before me this Z-3 day of 2% dj6e�, GRACE SAWYER WOODY. S/He is either personally known to me or has produced-7r u [/C� S as identification. Witness my hand and official stamp or seal this day o�2023. Notary Publi (SEAL) ii/ My Commission Expires: Z (�� `� �GpTT Np9T�-I'. a 'l N Registration Number. = &55EE} ^m .o . J 1/SSf1N EXPIPS5 13 157311312v1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: KEELINGWOOD APARTMENTS,LLC, a Virginia limited lia ill c ny By: Name: 141 Title: Manager STATE/COMMONWEALTH OF CITY/COUNTY OF yr� � to-wit: The foregoing instrument was sworn to and acknowledged before me this a;ko1 h day of 2023, by LV. TGt lvY F✓A_.-Wjjt-) and in his ca acity as Manager of Keelingwood Apartments, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this A�- day of�.�u.1t�- ,2023. Notary Public (SEAL) My Commission Expires: Registration Number: =BarbsnMsureenByrnesbUc820f Virginia 14 1573113120 EXHIBIT A Legal Description GPIN: 1494-54-7938-0000 ALL THAT certain tract, piece or parcel of land, in Seaboard Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia consissting of 7.817 acres and described as Parcel A as shown on that certain "Subdivision of Property of R. Everett Sawyer and R. G. Moore and Frances Moore"dated June 25, 1985 made by Talbot and Associates,Ltd.,and recorded July 12, 1985 in the Clerk's Office in the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2426 at Page 496, et seq. together with any buildings and improvements thereon and with all rights of way and drainage. SAVE AND EXCEPT the property conveyed to the Commonwealth of Virginia, by deed of Mary V. Sawyer,Trustee of THE SAWYER FAMILY TRUST u/a dated July 3, 2002, in its deed dated July 10, 2007, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20071003001343980. 15 1573►13120 EXHIBIT B Legal Description GPIN: 1494-54-3861-0000 All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach,Virginia,known as 5.011 Acres as shown on"Survey of Part of R. Everett Sawyer's Property, Princess Anne Borough, Virginia Beach, Virginia, for R. Everett Sawyer, Scale 1"=100% Date: Dec. 26, 1974" by James C. Hickman, Certified Land Surveyor, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 108 at page 41. Said conveyance is hereby expressly subject to a reservation of right of way along a 20 foot existing lane as shown on said Plat for R.Everett Sawyer,his heirs,assigns and devisees. LESS AND EXCEPT property conveyed to the Commonwealth of Virginia by deed dated August 17,2007 and recorded in the aforesaid Clerk's Office December 17,2007 as Instrument Number 20071217001658220. 16 1573113120 EXHIBIT C Depiction of Added Property Beginning at a point located on the southern right-of-way line of Princess Anne Road.Thence, S44° 18' 45"W for a distance of 328.19'to a point;thence,S44`00'47"W for a distance of 347.66'to a point; thence, N51`16'20"W for a distance of 363.12'to a point;thence N38"52'32"E a distance of 275.65'to a point;thence, N51"46'29"w a distance of 26.79'to a point;thence, N38°28'14"E a distance of 381.71' to a point on the southern right of way line of Princess Anne Road;Thence,along said right of way line S53° 14'54"E a distance of 455.14'to the true point and place of beginning.Containing 272,876 square feet or 6.26 acres,more or less. 17 161004100v1 EXHIBIT D Description of Original Property ALL that certain lot,piece or parcel of land,together with the improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia,together with the appurtenances,riparian and other water rights thereto known and designated as PARCEL B-1 15.682 ACRES on a plat entitled "Subdivision of Parcel'B' Courthouse Baptist Church (M.B.246,Pg.91),Princess Anne Borough,Virginia Beach,Virginia",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 20150623000581990,together with a 24 foot wide private ingress/egress easement running across Parcel A for the benefit of Parcel B as depicted on the plat recorded in Map Book 246 at page 91. TOGETHER WITH those certain rights,privileges and easements contained in the Declaration of Twenty-Four Foot Private Ingress and Egress Easement to benefit Parcel B recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach,Virginia in Deed Book 3549,at page 1710 and shown on plat recorded in Map Book 246 at page 91. TOGETHER WITH rights of ingress and egress as provided by two certain Variable Width Public Ingress/Egress and Pedestrian Access Easements as shown on plat entitled "Resubdivision Plat of Courthouse Marketplace, Virginia Beach,Virginia," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 200412220199793. IT BEING a portion of the same property conveyed to Wayne Andrews,Frankie L. Copeland,Earl Holland,Earnest Jones,Joyce Leach,Valerie Matthews,Eugene Rose, Samuel Simmons,James L. Singleton,Jr.,Jacob VaIery,Ralph Wormley and Laurice Yarn,Trustees of First Lynnhaven Baptist Church by deed from Norman S. Smith,Leslie W. Smith and Lonnie Glossin,Trustees of the Courthouse Baptist Church of Virginia Beach,dated April 14, 1997 and recorded April 18, 1997 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 3729 at page 1544. Correction Deed recorded May 21, 1997 in Deed Book 3741 at page 1919. 18 157311312v3 Disclosure Disclosure Statement It in Planning&Commun' 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 FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Does the applicant have a representative? ■Yes ❑ No • If yes,list the name of the representative. TROUTMAN PEPPER,ROBERT P.BEAMAN III 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,e-c below. (Attach a list if necessary) •SEE ATTACHED LIST • If yes,list the businesses that have a parent-subsidiary'or affiliated business entlty2 relationship with the applicant. (Attach a list if necessary) SEE ATTACHED LIST "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. r"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,(il)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 y 2.2-3101. Revised 11.09.2020 11 Page Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 22 Disclosure Disclosure Statement Planning&Community f)evelopment Known Interest Public Official or Emp loyee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ff 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 archkect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?IN Yes W No�- • If yes,identify the firm and individual providing the service. Cox,Kliewer&Company,P.C.(Herb Shartle),Timmons Group(John Zaszewski) 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 Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 23 Disclosure Disclosure Statement t'virm" 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?13 Yes 0 NO • If yes,identify the firm and individual providing the service. Timmons Group(John Zaszewski) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. TROUTMAN PEPPER,ROBERT P.BEAMAN III 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 Sign atur 1`L` .Ta;�/ot✓ �a nKlih, try� 4 Print Name and Title aaa3 Date Is the applicant also the owner of the subject property? ❑Yes ❑X No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ that pertains to the applications © No changes as of Date 2023.09.27 Signature °""t Narm Hoa N.Dao Revised 11.09.2020 3 1 P a p,e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 24 Disclosure Re-Zoning Application of Franklin Johnston Grown Management&Development,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers,directors,members, trustees,partners,etc.,below: 1. A)plicant's Name.Franklin Johnston Group Management&Development,LLC 2. Managers of Franklin Johnston Group Management M Development.LLC; a. Wendell C.Franklin b. W.Taylor Franklin C. Thomas M.Johnston 3. Members of Franklin Johnston Group Management&Dcvcllo, nt LLC: a. Beach One,LLC b. Stephen W.Cooper C. Johnston Family Group,LLC d. Chris McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. "TFJG Canopy,LLC b. 925 Apts.1,LP C. 925 Apts,II,LP d. F&J Developers,LLC e. Shorehaven Developers,LLC f. Pickett Farms Developers,LLC g. GreenPlain Properties,LLC h. Aquia Apts.,LLC i. Aquia GP,LLC j. Aquia Developers,LLC k. Kellingwood Apartments,LLC 1. Franklin Johnston Associates,LLC M. Southern Pine One,LLC n. Quill Developers,LLC I. South Riding Apts LP m. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Bellcharbour Apts.LP q. BelleHarbour GP,LLC T. Fountain Park Apts LP S. Fountain Park GP.LLC t. South Riding II LP U. South Riding I1 GP,LLC V. SLN 5100 LP W. SLN 5100 GP,LLC X. Heritage Forrest 1I GP,LLC 157311732VI Franklin Johnston Group Management&Development, LLC Agenda Items 2, 3,4 Page 25 Disclosure y. I Square Apartments LP Z. I Square Apts.,LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP,LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP,LLC gg. Quill GP,LLC hh. River House Apts.,LLC ii. Shorehaven Apts LP j. Shorehaven GP,LLC kk. Southwind Apts LP 11. Southwind GP,LLC mm. Spring Water,LLC nn. Summerland Heights LP oo. Summerland Heights GP,LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC ff. TFJG Price Street Apts.1,LP ss. TFJG Price Street GP I,LLC tt. FS Renaissance III,LLC uu. Renaissance Apts.GP 1,LLC vv. Renaissance Apts.GP IL LLC ww. Renaissance Apts.111,LLC roc. Renaissance I Developers,LLC yy. Renaissance II Developers,LLC zz. Renaissance Apts.1,L.P. aaa. Renaissance Apts.11,L.P. bbb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers,LLC ddd. TFJGWesleyan,LLC ece. TFJG Price Street Apts.11,LP fH: TFJG Price Street GP IL LLC ggg. Clairmont Associates I,LP hhh. Clairmont Associates II,LP iii. Clairmont Associates I GP,LLC .W. Clairmont Associates GP Il,LLC kkk. Franklin Asset Management III. Curlew Apts.I.,LP mmm. Curlew Apts.GP I,LLC mm. Summerland Heights 11,LP 000. Summerland Heights 11 GP,LLC 1sni rnzvi Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 26 Disclosure Disclosure Statement �.--.... !Tanning&Community Development PARCEL ONE::GPK 1494-54-7938-0000 Owner DisclosureJOYCE VANDEEL WASSUM,INDIVIDUALLY,and Owner Name JOYCE V.WASSUM,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014 Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • 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 1 P a g e Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 27 Disclosure sclosure Statement X ID _... — Planning b Community Dm-elopment 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? 9 Yes ❑No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 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 X 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 E 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. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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 E 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 firth and individual providing the service. Revised 11,09,2020 61 i' Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 28 Disclosure Disclosure Statement 13 a Planning&Community Ut!relopment 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 ❑NO • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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 not'dication 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. Own ignature - — JOYCE V.WASSUM,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014 JOYCE VANDERMEL WASSUM Print Name and Title Date Date Revised 11.09.2020 7 1 a f> Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 29 Disclosure Disclosure Statement Planning&Conununity Development PARCEL ONE.GPIN:1494-54-7938-0000 Owner Disclosure VIRGINIA VANDERMEL PAULEY,INDIVIDUALLY,and Owner Name VIRGINIA V.PAULEY,AS CO-TRUSTEE OF ADDIE S.VAN DERMEL REVOCABLE TRUST 1/16/2014 Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes N 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 entity4 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 0 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 30 Disclosure Disclosure Statement 1'u0.d4a '—Real Planning&Community Ikn'elopment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,crosstollateral'ization,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 areal estate broker/agent/reako►for current and anticipated future sales of the subject property? ■Yes ❑ No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 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 N NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an archkect/lardscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?N Yes ❑No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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 N 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 N No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 31 Disclosure Disclosure Statement Planning&community Dtveluptnent 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 yak Identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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 heroin 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. r - X'\ x ouwN0,Is— VIRGINIA V.PAULEY,AS CO-TRUSTEE OF ADDIE S.VANDERMEL REVOCABLE TRUST 1/16/2014—VIRGINIA VANDERMEL PAL LEY Print Name and TMe '5-15- S'�3.1p Date Dab Revised 11.09.2020 7 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 32 Disclosure Disclosure Statement X in lYy M iryvml IW A Planning&Community Development PARCEL ONE:GPIN:1494-54-7938-0000 ✓ Owner Disclosure Owner Name SUSAN VANDERMEL GODWIN Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) • 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 E NO • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means`a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 S 1 P a Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 33 Disclosure Disclosure Statemen ID t via - ._..,..,„ Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterali:ation,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/reaitor for current and anticipated future sales of the subject property? ®Yes ❑No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 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 B 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 N No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes ❑No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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 0 No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 61 a r; Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 34 Disclosure Disclosure Statement � .. ,� Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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 S ignature SUSAN VANDERMEL GODWIN Print Name and Title 51 g5� z3 Date Revised 11,09.2020 7 1 a Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 35 Disclosure Statement Disclosure Statement Planning&Community Development PARCEL ONE:GPIN:1494-54-7938-0000 Owner Disclosure Owner Name AMY VAN DERMEL SHEPARD Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes W 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. (Attac 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 0 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 Inter( Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)onr 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;of Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 36 Disclosure Disclosure Statement 11 CitY•l�••o•ded+ Planning&Community Development 5 Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering s 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. ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of V 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 Owner have services from an architect/landscape architect/land planner provided in connection with the subject c the application or any business operating or to be operated on the property?❑Yes N NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?®Yes ❑ NO • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating c 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 operatin or to be operated on the property?❑Yes 0 NO • If yes,identify the firm and individual providing the service. Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 37 Disclosure Disclosure Statement x ID G51y I 23'-h 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)N Yes ❑ No • If yes,identify the firm and individual providing legal the service. COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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 Boa or any public body or committee in connection with this application. j Owner SigAature AMY VANDERMEL SHEPARD Print Name and Title Date Franklin Johnston Group Management&Development, LLC Agenda Items 2, 3,4 Page 38 Disclosure Disclosure Statement Planning Inn; I it Deb PARCEL ONE GPIN:1494-54-7938-0000 Owner Disclosure Owner Name WILLIAM EVERETT SAWYER Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner 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 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 1 Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3, 4 Page 39 Disclosure Disclosure Statement Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralixation,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 ATCOASTAL REALTY,STACI WILLIAMS 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of tre 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 R 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. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating o- to be operated on the property?❑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 propertv?❑Yes N No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 40 Disclosure Disclosure Statement "It 10 Planning&Community DeMopment .- 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 COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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 infotmatiort provided herein two weeks prior to the meeting of Planning Commission,City Council,VBOA,CBPA,Wetlands Board or any public body or committee in connection with this application. iI _ Owner Sfpliature --- WILLIAM EVERETT SAWYER Print Name and Tkk tZ".,, ,5x�aft �) DSlay/1 -W2.7 Revised 11.09.2020 7 p a i' Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 41 Disclosure Disclosure Statement Planning&Community ,, Development PARCEL ONE:GPIN:1494-54-7938-0000 '' Owner Disclosure Owner Name ELGIA EASTER,AS TRUSTEE OF ELGIA AND MARY EASTER DECLARATION OF TRUST 7/16/2015 Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ■No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entlty'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,Ill)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the 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 5 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 42 Disclosure Disclosure Statement Planning&Community UevrJapment Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateral ization,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 Cl No • If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 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 N 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 M NO • If yes,identify the firm and individual providing the service. S. 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. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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 0 NO • If yes,identify the firm and individual providing the service. Revised 11.09.1020 6 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 43 Disclosure Pisclosure Statement Planning&Community Dim-elopment e 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?R Yes ❑ NO • If yes,identify the firm and individual providing legal the service. EM COLAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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. ELGIA EASTER,AS TRUSTEE OF ELGIA AND MARY EASTER DECLARATION OF TRUST 7/16/2015 Print Name and Title .S- " - 402-3 Date -- Revised 11.09.2020 7 1 P a Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 44 Disclosure Disclosure Statement Planning&Conimunit_v Pevlc�pme?nt PARCEL ONE:GPIN:1494-54-7938-0000 Owner Disclosure Owner Name GRACE SAWYER WOODY Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes E No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • 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 SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 51 Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 45 Disclosure Disclosure Statement 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. ATCOASTAL REALTY,STACI WILLIAMS 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 IF No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner prowdpd in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N No • If yes,identify the firm and individual providing the service. S. 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. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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 t No • It 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 0 No • If yes,identify the firm and individual providing the service. 6i Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 46 Disclosure Disclosure Statement Planning&Commu 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 ❑No • If yes,identify the firm and individual providing legal the service COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT Owner Signature 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 GRACE SAWYER WOODY Print Name and Two — ��'-zzc z-3 Date 7 � Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3,4 Page 47 Disclosure Disclosure Statement Planning ` o nui-i, ' Del: PARCEL TWO: GPIN:1494-54-3861-0000 Owner Disclosure Owner Name WILLIAM E.SAWYER and PHYLISS H.SAWYER Applicant Name FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes R 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 sub)ect public action?❑Yes ■i NO • If yes,what is the name of the official cr 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 afso 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. Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 48 Disclosure Disclosure Statement It Y" .,r.fx.V— Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-callaterali:ation,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? N Yes ❑No • If yes,identify the financial institutions providing the service. Existing financing: Credit Line Deed of Trust dated Feb.19,1987 with Sovran Bank,NA 2. Does the Owner have a real estate broker/agent/reahtor for current and anticipated future sales of the subject property? 19 Yes ❑ No . If yes,identify the company and individual providing the service. ATCOASTAL REALTY,STACI WILLIAMS 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 9 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 K No If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?■Yes ❑No • If yes,identify the purchaser and purchaser's service providers. FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 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. 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 0 No . If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 49 Disclosure Disclosure Statement 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 COLEMAN&COLEMAN PLC,AS CLOSING SETTLEMENT AGENT 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 WILLIAM F SAWvi R PHYLISS H.SAWYER Print Name and Title ) --- Date Jr/a'/�'v2-3 Date .1/29 f�d.Z3 Revised 11.09.2020 7 1 P a g e Franklin Johnston Group Management & Development, LLC Agenda Items 2, 3, 4 Page 50 Disclosure Re-Zonins Application of Franklin Johnston Group Manarement&Development.LLC List of Propert- Owners GPIN Number 1494-54-7938-0000 I. JOYCE VANDERMEL WASSUM, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16,2014; 2. VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16,2014; 3. VIRGINIA VANDERMEL PAULEY; 4. SUSAN VANDERMEL GODWIN; 5. JOYCE VANDERMEL WASSUM; 6. AMY VANDERMEL SHEPARD; 7. WILLI"EVEREIT SAWYER; 8. ELG1A EASTER,as Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16,2015;and 9. GRACE SAWYER WOODY. GPIN Number 1494;54-3861-0000 I. WILLIAM E.SAWYER;and 2. PHYLLIS H.SAWYER. 1573147600 Franklin Johnston Group Management&Development, LLC Agenda Items 2, 3,4 Page 51 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Franklin Johnston Group Management& Development, LLC Agenda Items 2, 3,4 Page 52 Hoa N. No From: Pearne, Michael E CDR USN HM 12 (USA) <michael.e.pearne.mil@us.navy.mil> Sent: Monday,July 24, 2023 SAO PM To: Hoa N. Dao; Kaitlen S. Alcock Cc: thepearnes@yahoo.com Subject: Princess Anne Crossing:A Defender of Residential Harmony against the Proposed 4.5 Story Apartment Complex To Whom it May Concern— Princess Anne, a historic and picturesque neighborhood in Virginia Beach, has long been cherished for its serene ambiance and close-knit community. However, the proposed construction of a 4.5-story apartment complex threatens to disrupt the harmony and character of this beloved residential area.This letter aims to explore Princess Anne's opposition to the planned development, focusing on the variation in height, density, and zoning regulations that make it incompatible with the neighborhood's existing fabric. The Height Variation One of the primary concerns raised by Princess Anne residents is the significant height variation between the proposed apartment complex and the surrounding single-family homes. The neighborhood predominantly consists of one- and two-story houses, which contribute to its unique charm and aesthetic appeal. The introduction of a towering 4.5-story structure would create an incongruous visual contrast, disrupting the architectural harmony that defines the Princess Anne area. Moreover, the increased height would cast long shadows over future neighboring properties, obstructing natural light and diminishing the quality of life for residents.This deviation from the established height norms not only compromises the neighborhood's visual integrity but also infringes upon the rights of both existing and future homeowners to enjoy their properties unimpeded. The Density Concern Another significant issue raised by Princess Anne residents is the density implications of the proposed apartment complex. The neighborhood's current zoning regulations prioritize low-density residential development, fostering a sense of spaciousness and tranquility. The introduction of a 4.5-story apartment complex would significantly increase the population density, leading to overcrowding and straining existing infrastructure. Princess Anne's infrastructure, including roads, schools, and public services, is designed to accommodate the needs of a low-density residential area. The sudden influx of residents from the proposed complex would place an undue burden on these resources, potentially leading to traffic congestion, overcrowded schools, and a decline in the overall quality of life for existing residents. Zoning Regulations and Neighborhood Character Princess Anne's zoning regulations have been carefully crafted to preserve the neighborhood's unique character and protect the interests of its residents. The proposed 4.5-story apartment complex violates these 1 regulations, undermining the principles upon which the neighborhood was built. Zoning regulations are essential for maintaining the integrity of residential areas, ensuring that developments are compatible with the existing fabric of the neighborhood. By disregarding these regulations, the proposed complex threatens to set a dangerous precedent, opening the door for further incompatible zoning variations. Thanks for taking the time to consider current area residents and our concerns. Very Respectfully, Michael Pearne CDR Michael Pearne HM-12 Maintenance Officer 0 (757) 322-2299 ® (808) 483-0688 NIPR: michael.e.pearne.mil@us.navy.mil SIPR: michael.e.pearne@navy.smil.mil 538 A Street Suite 100 Norfolk, VA 23511-4021 1 2 Hoa N. Dao From: Amy L <amy.leml6@gmail.com> Sent: Saturday,July 29, 2023 10:29 AM To: Hoa N. Dao; Kaitlen S. Alcock Subject: Rezoning Variation for Property across Princess Anne Rd from Curry Comb Ct 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 express my concern and disapproval of the proposal to allow/issue a building/zoning variation for the property across Princess Anne Rd from Curry Comb Ct. Allowing the developer to exceed the current 2 story height limitation on this property and build 4-1/2 story structures, or anything other than what is allowed by current code, is undesirable for the residents of Princess Anne Crossing, Courthouse Farms and Christopher Farms neighborhoods and would establish a precedent for future development on other nearby parcels at the expense of our neighborhoods' property values. It will also detract from our neighborhood aesthetics by eliminating the current low density neighborhoods which is the reason most of us have specifically chosen these neighborhoods to live in. Please disapprove any request to deviate from the current allowances on this and other nearby properties where this or similar requests may be submitted in the future Thank You Amy LeMoing Princess Anne Crossing 1 From: M LeMoine<mglemoine26@gmail.com> Sent:Saturday,July 29, 2023 9:11 AM To: Hoa N. Dao<HDao@vbgov.com>; Kaitlen S.Alcock<KAlcock@vbgov.com> Subject:Zoning Variation for Property across Princess Anne Rd from Curry Comb Ct 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 express my concern and disapproval of the proposal to allow/issue a building/zoning variation for the property across Princess Anne Rd from Curry Comb Ct. Allowing the developer to exceed the current 2 story height limitation on this property and build 4-1/2 story structures,or anything other than what is allowed by current code, is undesirable for the residents of Princess Anne Crossing,Courthouse Farms and Christopher Farms neighborhoods and would establish a precedent for future development on other nearby parcels at the expense of our neighborhoods' property values. It will also detract from our neighborhood aesthetics by eliminating the current low density neighborhoods which is the reason most of us have specifically chosen these neighborhoods to live in. Please disapprove any request to deviate from the current allowances on this and other nearby properties where this or similar requests may be submitted in the future Thank You Mike LeMoine Princess Anne Crossing Hoa N. Dao From: lanea6.f14@gmail.com Sent: Wednesday, September 20, 2023 11:S8 AM To: Michael Clemons; Hoa N. Dao Subject: Opposition, Silo at Southern Pines 2023-PCCC-00109 Follow Up Flag: Follow up Flag Status: Flagged 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. Dao We are writing to register our opposition to the project "Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose some of the variances requested. This variance is listed as 2023-PCCC-00109 with GPINs of 1494547938, 1494543861, 1494534876. This project is intended to be installed on Princess Anne Road, near the courthouse area. We live directly across from this proposed project. Our home of 30 years backs on Princess Anne Road such that this directly affects us and our family. We request that the proposed variance in density and proposed variance in height be disapproved. This area was zoned agriculture. This project generally does not fit in with the original vision for Princess Anne Road expansion in the Comprehensive Plan leading to the city offices from over 20 years ago. We understand the need for progress and building but the area is not ready for such high-density development. We request the height be limited to 3 stories or less in accordance with existing zoning and the density be the same or less as the current nearby Southern Pines Apartments. The proposed variances are incompatible with the surrounding areas. Further the parking study that was submitted requesting a variance in parking wherein it states "that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle," is at best misleading. There is very little bus service in our area except during morning and afternoon rush hour at the city offices. While there are currently bicycle paths along Princess Anne Road, they don't connect to any areas of the city with substantial density of employment opportunities. To say that "the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront," is also quite an exaggeration considering the walking distance from this site to TCC Virginia Beach campus is over 2'/2 miles. This area is primarily oriented towards travel by automobile. There is a further question on this proposal considering the layout shows the clubhouse on the corner of the development, but the pictures show the clubhouse in the middle. The PowerPoint presentations are misrepresentative of the actual proposal since it appears to show pictures of green lawns around the outside of the project with farmland beyond. Yet the actual layout shows parking lots on the outside with a small strip of landscaping and no farmlands on any side. It ignores the longstanding housing developments of Princess Anne Crossing, Courthouse Farms, and Christopher Farms directly across the road. Thank you. Mark D. Lane Michele Lane 2320 Country Glen Ct. Virginia Beach, VA 23453 Mark D. Lane i LaneA6.F14@gmail.com C: 757-779-4720 2 Hoa N. Dao From: Wendy McGinn <mcginnwe@gmail.com> Sent: Tuesday, August 8, 2023 12:31 PM To: Hoa N. Dao Subject: Opposition, Silo at Southern Pines 2023-PCCC-00109 FCAUTION: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. Dao We are writing to register our opposition to the project "Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose some of the variances requested. This variance is listed as 2023-PCCC-00109 with GPINs of 1494547938, 1494543861, 1494534876. This project is intended to be installed on Princess Anne Road, near the courthouse area. We live directly across from this proposed project. Our home of 30 years backs on Princess Anne Road such that this directly affects us and our family. We request that the proposed variance in density and proposed variance in height be disapproved. This area was zoned agriculture. This project generally does not fit in with the original vision for Princess Anne Road expansion in the Comprehensive Plan leading to the city offices from over 20 years ago. We understand the need for progress and building but the area is not ready for such high-density development. We request the height be limited to 3 stories or less in accordance with existing zoning and the density be the same or less as the current nearby Southern Pines Apartments. The proposed variances are incompatible with the surrounding areas. Further the parking study that was submitted requesting a variance in parking wherein it states "that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle," is at best misleading. There is very little bus service in our area except during morning and afternoon rush hour at the city offices. While there are currently bicycle paths along Princess Anne Road, they don't connect to any areas of the city with substantial density of employment opportunities. To say that "the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront," is also quite an exaggeration considering the walking distance from this site to TCC Virginia Beach campus is over 2'/2 miles. This area is primarily oriented towards travel by automobile. There is a further question on this proposal considering the layout shows the clubhouse on the corner of the development, but the pictures show the clubhouse in the middle. The PowerPoint presentations are misrepresentative of the actual proposal since it appears to show pictures of green lawns around the outside of the project with farmland beyond. Yet the actual layout shows parking lots on the outside with a small strip of landscaping and no farmlands on any side. It ignores the longstanding housing developments of Princess Anne Crossing, Courthouse Farms, and Christopher Farms directly across the road. Thank you for your time, Neil & Wendy McGinn 2648 Cantwell Rd., Virgnia Beach, VA 23453 i Transition Area/Interfacility Traffic Area Citizens Advisory Committee September 21,2023 Virginia Beach Planning Commission Building 1,City Hall 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mayor Dyer, Vice Mayor Wilson,Members of Virginia Beach City Council,and Members of the Virginia Beach Planning Commission, At the July 6,2023,Transition Area/Interfacility Traffic Area Citizens Advisory Committee(TA/ITA CAC) meeting,the Franklin Johnston Group presented a plan for a zoning change from AG-1 to A-18 on property that lies within the ITA and the AICUZ.They withdrew that plan and presented another plan concerning the same property on September 7,2023. Based on the information provided,the TA/ITA CAC recommends the action to deny the plan based on the following: • Nearly half of the 6.26 acres is within the ITA and is an AICUZ area designated at 65-70 dB DNL,which limits residential usage.The plan asks for the entirety of the property to be rezoned A-18.This needs to be revised based on our agreement with the Navy post-BRAG.There are no residential uses for the property within the ITA. • The new plan asks to"transfer"the rights from the half within the ITA to the half not within the ITA.No rights transfer should exist since residential is prohibited per all existing city documents. Recall that properties within the ITA were offered to be bought by post-BRAC programs to offset the lack of ability to change by-right uses. • Our post-BRAC commitments to the Navy were to ensure communication and reach out to them for input early in the process.This plan went through planning and the Planning Commission and was virtually unopposed.This is a failure and a grave concern, as it is the responsibility of the City of Virginia Beach to maintain those discussions and protect against encroachment. • To obtain the requested A-18,this property should be divided along the ITA line to allow for the correct zoning.Only the portion outside of the ITA should be considered for this proposal. • Placing the clubhouse on the ITA portion of the property and allowing for"assembly use"is inconsistent with ITA usage,as referenced by past joint Navy-City meetings regarding other proposals referenced in the City Attorney's published Progress Reports on NAS Oceana encroachment. • The preposterous density is far more than the requested 18 units per acre and exceeds recommendations for this area per all publicly vetted city documents. • The Princess Anne Corridor Study(PALS)and Transition Area Guidelines call for open space,which must be added to this proposal. • The PACS explicitly identities the intent to protect the viewshed for motorists traveling on Princess Anne Road and to have no residential frontage on Princess Anne Road.The four-story structures will be a massive change from the single-family homes on the adjacent AG properties. • The ingress/egress on Princess Anne Road differs from what is intended by publicly vetted documents.The location on the plan further creates safety concerns. Any access to Princess Anne Road should be avoided. • This property is also within the historic area,yet the farmhouse style needs to be revised. Further.the height of the buildings is nearly double the intended height for properties in this area. • Neighboring property owners are concerned with the density,height of the buildings,and potential impacts from the enormous amount of impervious cover. • The initial Southern Pines Community was not approved based on phase II in this location.Combining the two separate properties is disingenuous and is an overt attempt to circumvent the rules to benefit the developer.No single landowner would only be afforded this privilege.In fact,the current landowners in this area were told that their property has no options for residential use. • The argument has been made that this property was intended to be housing for the municipal center and should be at increased density.The parcel intended for that was solely within the municipal center and fronted George Mason Drive. In conclusion,the Transition AreaMterfacility Traffic Area Citizens Advisory Committee(TA/ITA CAC)has carefully reviewed the Franklin Johnston Group's proposed zoning change from AG-1 to A-18 for the property within the TA/ITA,AICUZ,Princess Anne Corridor,and Historic District.After thorough consideration,the TA/ITA CAC strongly recommends denying the advancement of this request.We strongly recommend that the developer revise the plan to align with publicly vetted documents,adhere to density limitations,and reduce building height to protect the viewshed from Princess Anne Road.Further,re-zoning property within the ITA is irresponsible to the commitment made post-BRAC to keep the Master Jet Base Oceana.This is a critical element of our economy. This could open up development on similarly situated properties surrounding the periphery of the ITA.It is a slippery slope and not one that the citizens of Virginia Beach are amenable to. We appreciate the developer's willingness to engage in discussions and their consideration of workforce housing. However,we hope the applicant will amend the plan to comply with established guidelines while offering workforce housing. The desire of the citizens to hold the green line and refrain from development beyond low density has most recently been reinforced with the Comprehensive Plan focus meetings.The trust of the citizens of Virginia Beach in our publicly vetted process is paramount,and we must maintain and uphold that trust.We look forward to collaborating with the developer to create a development that respects our city's guidelines,the community,and the business needs.Thank you for your attention to these concerns,and we trust that you will make a decision that serves the best interests of Virginia Beach and its residents. Sincerely, Lisa Hartman Chairperson TA/ITA CAC From: Mrs M To: Hoa N.Dao Cc: Barbara Henley;Carrie L.Bookhoft;Christopher Taylor;Kaitlen S.Alcock:Kathy M.Warren Subject: OPPOSITION to 558 Residents per acre Franklin Johnston proposed development Date: Thursday,September 28,2023 10:50:00 AM Attachments: imaae001.Dna (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 Hoa Dao - Thank you for your prompt answers to my questions about the Franklin Johnston proposed development on Agriculture land. I am OPPOSED to the development because I calculate 558 residents will be crammed into the buildable 3 acres of the parcel which is susceptible to flooding. • 92 1-Bedroom Units x2 = 184 residents • 65 2-Bedroom Units x4 = 260 residents • 19 3-Bedroom Units x6 = 114 residents Thats 558 residents on just 3 acres. or its 186 residents per acre. This is excessive Hi density for an area without adequate roads and subject to flooding. Rona Marsh i hud.gov 70984 Federal RegiNter/col. 63. No. 245/711r,d.,%. ". As you know, assuring Fair Housing for all is one of Secretary Kemp's top priorities. Prompt and vigorous enforcement of all the provisions of the Fair Housing Act, including the protections in the Act for families with children, is a critical responsibility of mine and every person in the Office of General Counsel. I expect Headquarters and Regional Office staff to continue their vigilant efforts to proceed to formal enforcement in all cases in which there is reasonable cause to believe that a discriminatory housing practice under the Act has occurred or is about to occur. This is particularly important in cases where occupancy restrictions are used to exclude families with children or to unreasonably limit the ability of families with children to obtain housing. In order to assure that the Department's position in the area of occupancy policies is fully understood, I believe that it is imperative to articulate more fully the Department's position on reasonable occupancy policies and to describe the approach that the Department takes in its review of occupancy cases. Specifically, the Department believes that an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act. The Department of Justice has advised us that this is the general policy it has incorporated in consent decrees and proposed orders, and such a general policy also is consistent with the guidance provided to housing providers in the HUD handbook referenced above. However, the reasonableness of any occupancy policy is rebuttable, and neither the February 21 memorandum nor this memorandum implies that the Department will determine compliance with the Fair Housing Act based solely on the number of people permitted in each bedroom. Indeed, as we stated in the final rule implementing the Fair Housing Amendments Act of 1988, the De artment's position is as follows: [T]here is nothing in the legislative history which indicates any intent on the part of Congress to provide for the development of a national occupancy code. . . . On the other hand, there is no basis to conclude that Congress intended that an owner or manager of dwellings would be unable to restrict the number of occupants who could reside in a dwelling. Thus, the Department believes that in appropriate circumstances, owners and managers may develop and implement reasonable occupancy requirements based on factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit. In this regard, it must be noted that, in connection with a complaint alleging discrimination on the basis of familial status, the Department will carefully examine any such i hud.gov Tuesday December 22. 1998 r Part v Department of Housing and Urban Development Fair Housing Enforcement—Occupancy Standards; Statement of Policy: Notice: Republication i e =s On Thu, Sep 28,2023 at 10:33 AM Hoa N. Dao <1 Mao et hto\.com> wrote: Hoa N. Dao From: thoughtie@aol.com Sent: Friday, September 29, 2023 2:01 PM To: Hoa N. Dao; Naomi Estaris; Michael Clemons; Michael Anderson; Kathryn Byler; George Alcaraz; Bryan Plumlee; Susan B. Hippen; Holly Cuellar;John H. Coston; William Parks; dhHorsely@vbgov.com Subject: Silo at Southern Pines Opposition CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission Members: My name is Susan Tolley. I am a long-time (30 years) resident of Princess Anne Crossing. I oppose and am very concerned about the Silo Southern Pines project on Princess Anne Rd. Please know that I do endorse work force housing; what I do not endorse is work force or any housing that is built violating existing city plans, city guidelines and city procedures. This proposed project requires a density variance, a height variance, and violates the city's own Comprehensive Plan. It also poses significant traffic hazards to the residents of Princess Anne Crossing, Christopher Farms, Courthouse Farms and the many others travelling Princess Anne Road. The disregard for existing city statutes, guidance, the Comprehensive Plan, and promises made to current residents makes me question why? Is it because it is labeled work force, is it a favored developer, is it a case when rules only apply when they are palatable to a given situation and discarded when they are a hinderance? Moving forward with this project concerns me for all the forementioned reasons and also the precedents that are being established for any developer who chooses to develop property anywhere in our city and not have to abide by city regulations. I strongly encourage you to oppose the Silo at Southern Pines project. Sincerely, Susan K. Tolley Hoa N. No From: Pearne, Michael E CDR USN HM 12 (USA) <michael.e.pearne.mil@us.navy.mil> Sent: Monday,July 24, 2023 5:40 PM To: Hoa N. Dao; Kaitlen S.Alcock Cc: thepearnes@yahoo.com Subject: Princess Anne Crossing:A Defender of Residential Harmony against the Proposed 4.5 Story Apartment Complex To Whom it May Concern— Princess Anne, a historic and picturesque neighborhood in Virginia Beach, has long been cherished for its serene ambiance and close-knit community. However, the proposed construction of a 4.5-story apartment complex threatens to disrupt the harmony and character of this beloved residential area. This letter aims to explore Princess Anne's opposition to the planned development, focusing on the variation in height, density, and zoning regulations that make it incompatible with the neighborhood's existing fabric. The Height Variation One of the primary concerns raised by Princess Anne residents is the significant height variation between the proposed apartment complex and the surrounding single-family homes. The neighborhood predominantly consists of one-and two-story houses, which contribute to its unique charm and aesthetic appeal.The introduction of a towering 4.5-story structure would create an incongruous visual contrast, disrupting the architectural harmony that defines the Princess Anne area. Moreover, the increased height would cast long shadows over future neighboring properties, obstructing natural light and diminishing the quality of life for residents.This deviation from the established height norms not only compromises the neighborhood's visual integrity but also infringes upon the rights of both existing and future homeowners to enjoy their properties unimpeded. The Density Concern Another significant issue raised by Princess Anne residents is the density implications of the proposed apartment complex. The neighborhood's current zoning regulations prioritize low-density residential development, fostering a sense of spaciousness and tranquility. The introduction of a 4.5-story apartment complex would significantly increase the population density, leading to overcrowding and straining existing infrastructure. Princess Anne's infrastructure, including roads, schools, and public services, is designed to accommodate the needs of a low-density residential area.The sudden influx of residents from the proposed complex would place an undue burden on these resources, potentially leading to traffic congestion, overcrowded schools, and a decline in the overall quality of life for existing residents. Zoning Regulations and Neighborhood Character Princess Anne's zoning regulations have been carefully crafted to preserve the neighborhood's unique character and protect the interests of its residents. The proposed 4.5-story apartment complex violates these 1 regulations, undermining the principles upon which the neighborhood was built. Zoning regulations are essential for maintaining the integrity of residential areas, ensuring that developments are compatible with the existing fabric of the neighborhood. By disregarding these regulations, the proposed complex threatens to set a dangerous precedent, opening the door for further incompatible zoning variations. Thanks for taking the time to consider current area residents and our concerns. Very Respectfully, Michael Pearne CDR Michael Pearne HM-12 Maintenance Officer Q (757) 322-2299 ® (808) 483-0688 NIPR: michael.e.pearne.mil@us.navy.mil SIPR: michael.e.pearne@navy.smil.mil 538 A Street Suite 100 Norfolk, VA 23511-4021 Jl 2 Hoa N. Dao From: Amy L <amy.leml6@gmail.com> Sent: Saturday,July 29, 2023 10:29 AM To: Hoa N. Dao; Kaitlen S. Alcock Subject: Rezoning Variation for Property across Princess Anne Rd from Curry Comb Ct F UTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you cognize the sender and know the content is safe. I am writing to express my concern and disapproval of the proposal to allow/issue a building/zoning variation for the property across Princess Anne Rd from Curry Comb Ct. Allowing the developer to exceed the current 2 story height limitation on this property and build 4-1/2 story structures, or anything other than what is allowed by current code, is undesirable for the residents of Princess Anne Crossing, Courthouse Farms and Christopher Farms neighborhoods and would establish a precedent for future development on other nearby parcels at the expense of our neighborhoods' property values. It will also detract from our neighborhood aesthetics by eliminating the current low density neighborhoods which is the reason most of us have specifically chosen these neighborhoods to live in. Please disapprove any request to deviate from the current allowances on this and other nearby properties where this or similar requests may be submitted in the future Thank You Amy LeMoing Princess Anne Crossing 1 From: M LeMoine<mglemoine26@gmail.com> Sent:Saturday,July 29, 2023 9:11 AM To: Hoa N. Dao<HDao@vbgov.com>; Kaitlen S.Alcock<KAlcock@vbgov.com> Subject:Zoning Variation for Property across Princess Anne Rd from Curry Comb Ct 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 express my concern and disapproval of the proposal to allow/issue a building/zoning variation for the property across Princess Anne Rd from Curry Comb Ct. Allowing the developer to exceed the current 2 story height limitation on this property and build 4-1/2 story structures,or anything other than what is allowed by current code, is undesirable for the residents of Princess Anne Crossing, Courthouse Farms and Christopher Farms neighborhoods and would establish a precedent for future development on other nearby parcels at the expense of our neighborhoods' property values. It will also detract from our neighborhood aesthetics by eliminating the current low density neighborhoods which is the reason most of us have specifically chosen these neighborhoods to live in. Please disapprove any request to deviate from the current allowances on this and other nearby properties where this or similar requests may be submitted in the future Thank You Mike LeMoine Princess Anne Crossing Hoa N. Dao From: lanea6.f14@gmail.com Sent: Wednesday, September 20, 2023 11:58 AM To: Michael Clemons; Hoa N. Dao Subject: Opposition, Silo at Southern Pines 2023-PCCC-00109 Follow Up Flag: Follow up Flag Status: Flagged 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. Dao We are writing to register our opposition to the project "Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose some of the variances requested. This variance is listed as 2023-PCCC-00109 with GPINs of 1494547938, 1494543861, 1494534876. This project is intended to be installed on Princess Anne Road, near the courthouse area. We live directly across from this proposed project. Our home of 30 years backs on Princess Anne Road such that this directly affects us and our family. We request that the proposed variance in density and proposed variance in height be disapproved. This area was zoned agriculture. This project generally does not fit in with the original vision for Princess Anne Road expansion in the Comprehensive Plan leading to the city offices from over 20 years ago. We understand the need for progress and building but the area is not ready for such high-density development. We request the height be limited to 3 stories or less in accordance with existing zoning and the density be the same or less as the current nearby Southern Pines Apartments. The proposed variances are incompatible with the surrounding areas. Further the parking study that was submitted requesting a variance in parking wherein it states "that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle," is at best misleading. There is very little bus service in our area except during morning and afternoon rush hour at the city offices. While there are currently bicycle paths along Princess Anne Road, they don't connect to any areas of the city with substantial density of employment opportunities. To say that "the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront," is also quite an exaggeration considering the walking distance from this site to TCC Virginia Beach campus is over 2'/2 miles. This area is primarily oriented towards travel by automobile. There is a further question on this proposal considering the layout shows the clubhouse on the corner of the development, but the pictures show the clubhouse in the middle. The PowerPoint presentations are misrepresentative of the actual proposal since it appears to show pictures of green lawns around the outside of the project with farmland beyond. Yet the actual layout shows parking lots on the outside with a small strip of landscaping and no farmlands on any side. It ignores the longstanding housing developments of Princess Anne Crossing, Courthouse Farms, and Christopher Farms directly across the road. Thank you. Mark D. Lane Michele Lane 2320 Country Glen Ct. Virginia Beach, VA 23453 Mark D. Lane 1 LaneA6.F14@gmail.com C:757-779-4720 2 Hoa N. Dao From: Wendy McGinn <mcginnwe@gmail.com> Sent: Tuesday, August 8, 2023 12:31 PM To: Hoa N. Dao Subject: Opposition, Silo at Southern Pines 2023-PCCC-00109 F UTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you ognize the sender and know the content is safe. Dear Mr. Dao We are writing to register our opposition to the project"Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose some of the variances requested. This variance is listed as 2023-PCCC-00109 with GPINs of 1494547938, 1494543861, 1494534876. This project is intended to be installed on Princess Anne Road, near the courthouse area. We live directly across from this proposed project. Our home of 30 years backs on Princess Anne Road such that this directly affects us and our family. We request that the proposed variance in density and proposed variance in height be disapproved. This area was zoned agriculture. This project generally does not fit in with the original vision for Princess Anne Road expansion in the Comprehensive Plan leading to the city offices from over 20 years ago. We understand the need for progress and building but the area is not ready for such high-density development. We request the height be limited to 3 stories or less in accordance with existing zoning and the density be the same or less as the current nearby Southern Pines Apartments. The proposed variances are incompatible with the surrounding areas. Further the parking study that was submitted requesting a variance in parking wherein it states "that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle," is at best misleading. There is very little bus service in our area except during morning and afternoon rush hour at the city offices. While there are currently bicycle paths along Princess Anne Road, they don't connect to any areas of the city with substantial density of employment opportunities. To say that "the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront," is also quite an exaggeration considering the walking distance from this site to TCC Virginia Beach campus is over 2'/2 miles. This area is primarily oriented towards travel by automobile. There is a further question on this proposal considering the layout shows the clubhouse on the corner of the development, but the pictures show the clubhouse in the middle. The PowerPoint presentations are misrepresentative of the actual proposal since it appears to show pictures of green lawns around the outside of the project with farmland beyond. Yet the actual layout shows parking lots on the outside with a small strip of landscaping and no farmlands on any side. It ignores the longstanding housing developments of Princess Anne Crossing, Courthouse Farms, and Christopher Farms directly across the road. Thank you for your time, Neil & Wendy McGinn 2648 Cantwell Rd., Virgnia Beach, VA 23453 i Transition Area/Interfacility Traffic Area Citizens Advisory Committee September 21,2023 Virginia Beach Planning Commission Building 1,City Hall 2401 Courthouse Drive Virginia Beach,VA 23456 Dear Mayor Dyer,Vice Mayor Wilson,Members of Virginia Beach City Council,and Members of the Virginia Beach Planning Commission, At the July 6,2023,Transition Area/Interfacility Traffic Area Citizens Advisory Committee(TA/ITA CAC) meeting,the Franklin Johnston Group presented a plan for a zoning change from AG-1 to A-18 on property that lies within the ITA and the AICUZ.They withdrew that plan and presented another plan concerning the same property on September 7,2023. Based on the information provided,the TA/ITA CAC recommends the action to deny the plan based on the following: • Nearly half of the 6.26 acres is within the ITA and is an AICUZ area designated at 65-70 dB DNL,which limits residential usage.The plan asks for the entirety of the property to be rezoned A-18.This needs to be revised based on our agreement with the Navy post-BRAC.There are no residential uses for the property within the ITA. • The new plan asks to"transfer"the rights from the half within the ITA to the half not within the ITA.No rights transfer should exist since residential is prohibited per all existing city documents.Recall that properties within the ITA were offered to be bought by post-BRAC programs to offset the lack of ability to change by-right uses. • Our post-BRAC commitments to the Navy were to ensure communication and reach out to them for input early in the process.This plan went through planning and the Planning Commission and was virtually unopposed.This is a failure and a grave concern,as it is the responsibility of the City of Virginia Beach to maintain those discussions and protect against encroachment. • To obtain the requested A-I8,this property should be divided along the ITA line to allow for the correct zoning.Only the portion outside of the ITA should be considered for this proposal. • Placing the clubhouse on the ITA portion of the property and allowing for"assembly use"is inconsistent with ITA usage,as referenced by past joint Navy-City meetings regarding other proposals referenced in the City Attorney's published Progress Reports on NAS Oceana encroachment. • The preposterous density is far more than the requested 18 units per acre and exceeds recommendations for this area per all publicly vetted city documents. • The Princess Anne Corridor Study(PALS)and Transition Area Guidelines call for open space,which must be added to this proposal. • The PACS explicitly identifies the intent to protect the viewshed for motorists traveling on Princess Anne Road and to have no residential frontage on Princess Anne Road.The four-story structures will be a massive change from the single-family homes on the adjacent AG properties. • The ingress/egress on Princess Anne Road differs from what is intended by publicly vetted documents.The location on the plan further creates safety concerns. Any access to Princess Anne Road should be avoided. • This property is also within the historic area,yet the farmhouse style needs to be revised.Further,the height of the buildings is nearly double the intended height for properties in this area. • Neighboring property owners are concerned with the density,height of the buildings,and potential impacts from the enormous amount of impervious cover. • The initial Southern Pines Community was not approved based on phase II in this location.Combining the two separate properties is disingenuous and is an overt attempt to circumvent the rules to benefit the developer.No single landowner would only be afforded this privilege. In fact,the current landowners in this area were told that their property has no options for residential use. • The argument has been made that this property was intended to be housing for the municipal center and should be at increased density.The parcel intended for that was solely within the municipal center and fronted George Mason Drive. In conclusion,the Transition Area/Interfacility Traffic Area Citizens Advisory Committee(TA/ITA CAC)has carefully reviewed the Franklin Johnston Group's proposed zoning change from AG-1 to A-18 for the property within the TA/ITA,AICUZ,Princess Anne Corridor,and Historic District.After thorough consideration,the TA/ITA CAC strongly recommends denying the advancement of this request.We strongly recommend that the developer revise the plan to align with publicly vetted documents,adhere to density limitations,and reduce building height to protect the viewshed from Princess Anne Road.Further,re-zoning property within the ITA is irresponsible to the commitment made post-BRAC to keep the Master Jet Base Oceana.This is a critical element of our economy. This could open up development on similarly situated properties surrounding the periphery of the ITA.It is a slippery slope and not one that the citizens of Virginia Beach are amenable to. We appreciate the developer's willingness to engage in discussions and their consideration of workforce housing. However,we hope the applicant will amend the plan to comply with established guidelines while offering workforce housing. The desire of the citizens to hold the green line and refrain from development beyond low density has most recently been reinforced with the Comprehensive Plan focus meetings.The trust of the citizens of Virginia Beach in our publicly vetted process is paramount,and we must maintain and uphold that trust.We look forward to collaborating with the developer to create a development that respects our city's guidelines,the community,and the business needs.Thank you for your attention to these concerns,and we trust that you will make a decision that serves the best interests of Virginia Beach and its residents. Sincerely, d�aa -a� Lisa Hartman Chairperson TA/ITA CAC From: Mrs M To: Hoa N.Dao Cc: Barbara Henley;Carrie L.Book -Christopher Tavlor.Kattlen S.Alcock;Kathy M.Warren Subject: OPPOSITION to 558 Residents per acre Franklin Johnston proposed development Date: Thursday,September 28,2023 10:50:00 AM Attachments: imaae001.pno F ION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments s you recognize the sender and know the content is safe. Dear Hoa Dao - Thank you for your prompt answers to my questions about the Franklin Johnston proposed development on Agriculture land. I am OPPOSED to the development because I calculate 558 residents will be crammed into the buildable 3 acres of the parcel which is susceptible to flooding. • 92 1-Bedroom Units x2 = 184 residents • 65 2-Bedroom Units x4 = 260 residents • 19 3-Bedroom Units x6 = 114 residents Thats 558 residents on just 3 acres. or its 186 residents per acre. This is excessive Hi density for an area without adequate roads and subject to flooding. Rona Marsh & hud.gov 70984 Federal Register/Vol. 63. No. 245/Tuesday. Decemher 22. 1998/Notices As you know, assuring Fair Housing for all is one of Secretary Kemp's top priorities. Prompt and vigorous enforcement of all the provisions of the Fair Housing Act, including the protections in the Act for families with children, is a critical responsibility of mine and every person in the Office of General Counsel. I expect Headquarters and Regional Office staff to continue their vigilant efforts to proceed to formal enforcement in all cases in which there is reasonable cause to believe that a discriminatory housing practice under the Act has occurred or is about to occur. This is particularly important in cases where occupancy restrictions are used to exclude families with children or to unreasonably limit the ability of families with children to obtain housing. In order to assure that the Department's position in the area of occupancy policies is fully understood, I believe that it is imperative to articulate more fully the Department's position on reasonable occupancy policies and to describe the approach that the Department takes in its review of occupancy cases. Specifically, the Department believes that an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act. The Department of Justice has advised us that this is the general policy it has incorporated in consent decrees and proposed orders, and such a general policy also is consistent with the guidance provided to housing providers in the HUD handbook referenced above. However, the reasonableness of any occupancy policy is rebuttable, and neither the February 21 memorandum nor this memorandum implies that the Department will determine compliance with the Fair Housing Act based solely on the number of people permitted in each bedroom. Indeed, as we stated in the final rule implementing the Fair Housing Amendments Act of 1988, the De rtment's nosition is as follows: M here is nothing in the legislative history which indicates any intent on the part of Congress to provide for the development of a national occupancy code. . . . On the other hand, there is no basis to conclude that Congress intended that an owner or manager of dwellings would be unable to restrict the number of occupants who could reside in a dwelling. Thus, the Department believes that in appropriate circumstances, owners and managers may develop and implement reasonable occupancy requirements based on factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit. In this regard, it must be noted that, in connection with a complaint alleging discrimination on the basis of familial status, the Department will carefully examine any such hud.gov Tuesday December 22, 1998 i e i iL i= — L i Part V Department of Housing and Urban Development Fair Housing Enforcement—Occupancy Standards; Statement of Policy; Notice; _ == Republication On Thu, Sep 28, 2023 at 10:33 AM Hoa N. Dao <4 IDa<) rr�1 ��_c��n�>wrote: From: Mrs M To: City Council;Amanda F.Barnes;Barbara Henley;dhhorseley(a)vbaov.com;George Alcaraz;Holly Cuellar:Kathryn Bykf;Michael Anderson;Michael Clemons;Naomi Fstaris:planad min(a)vbaov.com Cc: brett.halhlA,,ayv.com;cbodner(&vbaov.com; Hoa N.Dao;Kathy M.Warren;stacv.oarkerft lotonline.com Subject: OPPOSITION to Developers Risking 558 person density next to Jet Base Date: Sunday,October 8,2023 1:11:20 PM lCAU LION: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 & City Council - Why risk lives of 558 persons by building apartments by the Jet base flight paths? The 176 unit Franklin Johnston development exceeds zoning heights and with 279 bedrooms at 2 persons per bedroom and it could be a huge tragedy if 558 persons are in the path of a jet with an issue? April 6, 2012 Jet crashed into Virginia Beach Apartment complex yP j e., What: Franklin Johnson Group (the applicant) tried to gain approval to build 176 apartments on 6.2 acres of land that straddles the AICUZ (Aircraft Installation Compatibility Use Zone) noise zone. The AICUZ zones were created during the j 0 *00 ProposalBackground&Summary of • The applicant seeks to rezone 6.26 acres from AG-1 and AG 2 Agricultural to Conditional A-18 Apartment with Workforce Housing Overlay District,a Modification of Proffers request to expand the existing Southern Pines Apartments with an additional 176 units,and a Subdivision Variance to reconfigure the existing lots for the proposed development. • The existing Southern Pines development was approved in 2014 for the construction of 240 multifamily dwellings on 15.7 acres for a density of 15.29 units per acre.The site layout and building design of the existing development will not be modified;however,the applicant is proposing new proffers to include the addition of 6.26 acres for the construction of an additional 176 multifamily units. • The 176 additional multi-family dwelling unit, n an overall density ofl�t�• development will include a Workforce .,ing(WFH)component which allows for a 30 percent density boy„ Section 2106 of the City Zoning t 219x2=558 • Density Calculation: residents MaximrWorkforce Maximum Units Numbe_r--�_ Acreage Permitted(including Permitted under zi-'-'­­nF_Sonus .. A- Phase 1 15.70 282 - 282 240 Phase 2 6.26 _ 112 33 145 176 Total 21.96 394 33 427 416 Total Proposed Density(units/acre) 18.94 • While not proffered,the applicant estimated the number of bedrooms for Phase II as follows: Unit Types Number of Bedrooms 1 Bedroom 92 92 2 Bedrooms 65 130 3 Bedrooms 19 57 Totals 176 279 • The main entrance for the new phase is proposed from George Wythe Drive.Asecond /right-out,access is proposed from Princess Anne Road,this portion of which is designated as access-co the City's Comprehensive Plan and Master Transportation Plan, The applicant does anticip;%, rg rtion of the development's traffic would utilize the access point on Princess Anne Road. '..a the City Council approve the access from Princess Anne Road,right of-way improvements,incI cl turn lane would be required,as depicted on the proffered plan. • The proffered Concept Plan and elevations depict four,fo " ;cory apartment buildings each with a height of 55-feet and one,three-story apartment building fronting P s Anne Road with a height of 48 feet.The exterior faSade is comprised of brick,vinyl lap siding,cementib els,asphalt shingles,and metal roofing.The proposed two- story clubhouse will feature similar exterir erials and is proposed to be 32.58 feet in height.Similar to the 2014 approval,the applicant is requesting- _viation to allow an increase in the height from the 35-foot maximum permitted in the A-18 zoning dj�' to a maximum height of 55 feet The existing three-story apartment buildings in Phase 1 were granted a de—ation to allow for a maximum height of 48 feet. • A deviation to the required 30 foot front yard setback from George Wythe Drive is requested.The proffered Concept Plan depicts a 20-foot setback from George Wythe Drive. Franklin Johnston Group Management&Development,LLC Agenda Items 2,3,4 Page 2 HUD requires 2 persons be allowed per bedroom to avoid being discriminatory for Fair Housing laws. i hud.gov 70984 Federal Register/Vol. 63. No. 245/Tuesday. December 22. 1998/Notice~ As you know, assuring Fair Housing for all is one of Secretary Kemp's top priorities. Prompt and vigorous enforcement of all the provisions of the Fair Housing Act, including the protections in the Act for families with children, is a critical responsibility of mine and every person in the Office of General Counsel. I expect Headquarters and Regional Office staff to continue their vigilant efforts to proceed to formal enforcement in all cases in which there is reasonable cause to believe that a discriminatory housing practice under the Act has occurred or is about to occur. This is particularly important in cases where occupancy restrictions are used to exclude families with children or to unreasonably limit the ability of families with children to obtain housing. In order to assure that the Department's position in the area of occupancy policies is fully understood, I believe that it is imperative to articulate more fully the Department's position on reasonable occupancy policies and to describe the approach that the Department takes in its review of occuvancy cases. Specifically, the Department believes that an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act. The Department of Justice has advised us that this is the general policy it has incorporated in consent decrees and proposed orders, and such a general policy also is consistent with the guidance provided to housing providers in the HUD handbook referenced above. However, the reasonableness of any occupancy policy is rebuttable, and neither the February 21 memorandum nor this memorandum implies that the Department will determine compliance with the Fair Housing Act based solely on the number of people permitted in each bedroom. Indeed, as we stated in the final rule implementing the Fair Housing Amendments Act of 1988, the Department's gosition is as follows: [Tlhere is nothing in the legislative history which indicates any intent on the part of Congress to provide for the development of a national occupancy code. . . . On the other hand, there is no basis to conclude that Congress intended that an owner or manager of dwellings would be unable to restrict the number of occupants who could reside in a dwelling. Thus, the Department believes that in appropriate circumstances, owners and managers may develop and implement reasonable occupancy requirements based on factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit. In this regard, it must be noted that, in connection with a complaint alleging discrimination on the basis of familial status, the Department will carefully examine any such This proposed development is in the wrong location with poor soil and problematic flooding. This proposed development should NOT be expedited for Mayor Dyers Campaign donor $18,000 Franklin Johnston donation Bob Dyer ` Party: Independent a Committee Overview Top Donors All Years / All Filing Periods Al I Rece i pts v Amount Donor $18,000 Franklin Johnston Group $15,020 Dyer, Bob $14,670 MEB General Contractors $14,500 Sifen, Michael D Campaign Donations by Franklin Johnston have also been reported on VPAP by Councils: Joash Schulman $7,500 Michael Berlucchi $17,500 Rosemary Wilson $23,500 Michael Berlucchi Party: Independent ,ramCommittee Overview Top Donors All Years / All Filing Periods All Receipts Amount Donor $17,500 Franklin Johnston Group $12,500 Sifen, Michael D $8,000 Apartments at Spence Crossing $7,500 Batten, Jane Parke $7,500 Luria, Elaine vpap ,, org Joashua F Schulman Party: Independent Committee Top Donorsc All Years / All Filing Periods All Receipts Amount Donor $8,000 MEB General Contractors ,� /,SUU Franklin Jonnston vroup $5,000 Divaris, Gerald S $5,000 Marlyn Development Corp Rosemary Wilson Party: Independent EAV Committees Overview Top Donors All Years / All Filing Periods All Receipts Amount Donor $65,628 Wilson, Thomas H $56,256' Wilson for Virginia Beach City Council - Rosemary $24,999 National Assn of Realtors $23,500 Franklin Johnston Group The decisions made by Planning Commissioners and City Council should not be influenced by Campaign Donations so ethically Council that received Franklin Johnston Campaign money's should recuse themselves from voting on this development proposal. An act of recusirc. To remove oneself from a decision/udgment because of a conflict of interest. Rona Marsh District 8 Lynnville Crescent Hoa N. Dao From: thoughtie@aol.com Sent: Friday, September 29, 2023 2:01 PM To: Hoa N. Dao; Naomi Estaris; Michael Clemons; Michael Anderson; Kathryn Byler; George Alcaraz; Bryan Plumlee; Susan B. Hippen; Holly Cuellar,John H. Coston;William Parks; dhHorsely@vbgov.com Subject: Silo at Southern Pines Opposition CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission Members: My name is Susan Tolley. I am a long-time (30 years) resident of Princess Anne Crossing. I oppose and am very concerned about the Silo Southern Pines project on Princess Anne Rd. Please know that I do endorse work force housing; what I do not endorse is work force or any housing that is built violating existing city plans, city guidelines and city procedures. This proposed project requires a density variance, a height variance, and violates the city's own Comprehensive Plan. It also poses significant traffic hazards to the residents of Princess Anne Crossing, Christopher Farms, Courthouse Farms and the many others travelling Princess Anne Road. The disregard for existing city statutes, guidance, the Comprehensive Plan, and promises made to current residents makes me question why? Is it because it is labeled work force, is it a favored developer, is it a case when rules only apply when they are palatable to a given situation and discarded when they are a hinderance? Moving forward with this project concerns me for all the forementioned reasons and also the precedents that are being established for any developer who chooses to develop property anywhere in our city and not have to abide by city regulations. I strongly encourage you to oppose the Silo at Southern Pines project. Sincerely, Susan K. Tolley From:Scott Reese<reesescotty@yahoo.com> Sent:Thursday, October 5, 2023 6:36 AM To:Amanda F. Barnes<ABarnes@vbgov.com> Subject: Planning Item -Silos AUTION 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 forward to the Planning Commission and City Council: Dear Members of the Virginia Beach City Council and Planning Commission, I hope this message finds you well. I am writing to express my deep concerns regarding the ongoing project in our city. My initial concern pertains to the approval process of the project.The original application featured buildings within the ITA, and it received approval from the planning commission with staff recommendations. However, it was only after concerned citizens voiced their objections that the application was withdrawn.Subsequently,the new application was backdated to May,which raises questions about its classification as a new application.This process seems confusing and opaque, and it leaves average citizens feeling disempowered. Furthermore,the issue of parcel classification and density allocation is troubling.The project,despite partially residing in the ITA,appears to have been granted density rights as if it were not within this area.This approach could set a concerning precedent. I urge you to defer this application until the City Council can thoroughly study and address this situation.The original intent of the ordinance was to treat parcels wholly or partially within the ITA equally. The density of this project stands out as unusual compared to other developments in the city,yet it falls below the green line.The concept of transferring density from what is referred to as"phase 1,"which has already been built and occupied for years, raises questions about its feasibility and sets a concerning precedent. Focus groups during the development of the new comprehensive plan have emphasized the importance of preserving the green line, and this project appears to contradict those priorities. This project also appears to be in conflict with the Comprehensive Plan, PA Corridor Study, and the agreements following the JLUS,which the taxpayers funded. Given that a review of the plan is currently underway, I strongly recommend deferring this project until after the new plan has undergone the proper review process. The city is currently investing time and resources in developing a workforce housing plan. It seems counterintuitive to proceed with such an unprecedented development without a well-thought-out plan in place.The starting rents for this project are prohibitively high for many teachers, police officers, and others in the workforce income category. It's important to consider the feasibility and monitoring of workforce housing in this development.The city's WFH office currently lacks a clear plan or means to effectively monitor the outcome. Additionally,the developer seems to manipulate figures by combining "phase 1" and "phase 2" numbers when it suits their argument. However, when considering the entire development, it only constitutes 13%, which may disqualify it from certain requirements. It's essential to ensure that workforce housing is distributed throughout the community as required by ordinance and that it is maintained throughout the development's lifespan, not just in the initial units. Furthermore,there appears to be a lack of open space and an excessive amount of impervious cover in this project. These factors may lead to traffic safety issues, especially concerning ingress and egress on PA Rd, which was intended to be limited. The parking situation also raises questions about its logicality. Additionally, a height variance requirement further complicates matters.This will impact all districts and is not exclusive to district 2. 1 would like to emphasize that ordinary citizens do not typically receive such numerous exceptions,and they are granted one vote,just like developers. It is concerning to see the privileges that some developers may have acquired through campaign donations. Recent informal sessions with four members in strong favor of the project, who also received significant benefits from the developer, raise questions about whether influence has been bought. It is crucial that this situation is closely monitored, as it can erode public trust. In conclusion, I implore you to act in the best interest of all residents of Virginia Beach. Please consider using the tools at your disposal to ensure that the developer complies with the regulations or, alternatively, defer the project until comprehensive plans and studies are completed. Only then can we be assured that any development is justified and in the best interests of our community. Once this project is completed,there is no turning back, and it is our responsibility to ensure that it aligns with our city's long-term vision. Thank you for your time and consideration. Sincerely, Scott Reese District 4 From:Alyssa Hartman <amvermeulen92@gmail.com> Sent:Thursday, October 5, 2023 9:23 AM To:Amanda F. Barnes<ABarnes@vbgov.com> Subject:VB City Council and Planning Commission Letter 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 Ms. Barnes, Please forward the message reflected below to the Planning Commission and City Council. Thank you! Dear Members of the Virginia Beach City Council and Planning Commission, hope this message finds you all in good health. I'm writing to share my concerns about an upcoming planning item in our city. My foremost concern pertains to the approval process for this project. Initially, it featured buildings within the ITA and garnered the planning commission's approval, along with staff recommendations. However, it was withdrawn only after concerned citizens voiced their objections. Subsequently, the new application was backdated to May, raising questions about its classification as a new application. This process has left ordinary citizens feeling bewildered and disheartened. Additionally, the classification of parcels and density allocation for this project is baffling. Despite being partially within the ITA, it appears to have been granted density rights as if it were outside this area. This approach could set an unsettling precedent. I strongly urge postponing this application until the City Council conducts a thorough study and addresses this situation. The original intent of the ordinance was to treat parcels within the ITA consistently, regardless of partial or full inclusion. The density of this project significantly deviates from other developments in our city, yet it falls below the green line. The notion of transferring density from what is referred to as "phase 1," which has been constructed and occupied for years, raises questions about its viability and establishes a concerning precedent. During the development of the new comprehensive plan, focus groups emphasized the importance of preserving the green line, and this project appears to run counter to those priorities. Furthermore, it seems that this project contradicts the Comprehensive Plan, PA Corridor Study, and agreements following the JLUS, all of which were funded by taxpayers. As we are currently reviewing the plan, I strongly recommend delaying this project until the new plan has undergone the appropriate review process. Presently, the city is making substantial investments in developing a workforce housing plan. It seems counterintuitive to proceed with such an unprecedented development without a well-thought-out plan in place. The initial rents for this project are prohibitively high for many individuals, including teachers and police officers. It is crucial to consider the feasibility and monitoring of workforce housing within this development. The city's WFH office currently lacks a clear plan or the means to effectively monitor the outcomes. Moreover, it appears that the developer manipulates figures by combining "phase 1" and "phase 2" numbers when it serves their argument. However, when considering the entire project, it constitutes only 13%, which may disqualify it from certain requirements. It is imperative to ensure that workforce housing is dispersed throughout the community as mandated by ordinance and that it remains accessible throughout the development's lifespan, not just initially. In addition, there is a noticeable lack of open space and an excessive amount of impervious cover in this project. These factors could potentially lead to traffic safety issues, particularly concerning the entrance and exit on PA Rd, which was originally intended to be limited. The parking situation also raises questions about its rationale. Furthermore, a height variance requirement adds to the complexity of this endeavor. It is crucial to note that these issues impact all districts and are not exclusive to district 2. Lastly, I want to underscore that ordinary citizens do not typically receive such numerous exceptions. We all have one vote,just like developers. It is disconcerting to see some developers possibly receiving preferential treatment due to campaign donations. Recent informal sessions with four members strongly in favor of the project, who also received significant benefits from the developer, raise questions about the potential influence that may have been exerted. It is essential to closely monitor this situation, as it has the potential to erode public trust. In conclusion, I implore you to act in the best interests of all residents of Virginia Beach. Please consider using the tools at your disposal to ensure the developer's compliance with regulations or, if necessary, delay the project until comprehensive plans and studies have been completed. Only then can we be assured that any development is justified and in the best interests of our community. Once this project is completed, there is no turning back, and it is our responsibility to ensure that it aligns with our city's long-term vision. Thank you for your time and consideration. Sincerely, Alyssa Hartman District 10 Hoa N. Dao From: Jeff& Deb <jdschimmel93@gmail.com> Sent: Thursday, October S, 2023 9:3S AM To: Hoa N. Dao Subject: Objection to Silo at Southern Pines project 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 Evaluation Coordinator, I would like to formally voice my objection to the above project (as presented) which is coming up for approval with the City Council and the Planning Commision. I live in the nearby vicinity of the proposed project and am very concerned of the impact this project will have on the Princess Anne Crossing and Courthouse areas. The developer appears to be seeking approval for variances that will have detrimental impact to the area and set precedents for the whole city. Please consider the following: • Density is far higher than the surrounding areas and not within the specific guidance nor the intended spirit of the Comprehensive Plan, the Princess Anne Commons guidance or the PA Historical District Guidance. Violating these statutes and guidance not only has an immediate impact on this area but also sets a precedent for the city. • Buildings proposed are too tall and take away from the intent of the Princess Anne Corridor leading to the Courthouse area. No residences within 3 miles are this tall (including Spence Crossing). Developer is requesting both 4 story variance and height variance (from 35 up to 55 feet). This will also set a precedent. • Direct access onto Princess Anne Road is supposed to be forbidden unless there is no other access. The City Traffic Engineers recommend against granting this access. • The location of the right turnout represents a hazard to residents exiting adjoining neighborhoods (PA Crossing, Christopher Farms, Courthouse Farms) at Curry Comb Court. The traffic at this intersection would become unmanageable and hazardous. • There are some questions on several specifics of this project including how the developer does the density calculations, (actual density on this parcel of 28.1 units per acre on the entire parcel, higher than that outside the ITA), the parking analysis, and drainage issues. • It appears that all Workforce Housing is being put into "phase 2" of this project which is not in compliance with statutes. • The calculations for Workforce Housing appear as if this is a standalone project, but the parking analysis and density appear to only include a single project in 2 phases. • Precedents will be set that developers can violate any guidance if they include Workforce Housing. Applies anywhere in the city. Thank you for your consideration, Jeff Schimmel i 2656 Cantwell Rd Virginia Beach, VA 23453 (757) 995-5230 2 From: Leslie Edmondson <edmondsonleslie(a)gmail.com> Sent: Thursday, October 5, 2023 1:11 PM To: Planning Administration <PlanAdmn(a)vbgov.com> Subject: The Silo at Southern Pines 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 Leadership, Like many other community leaders, I am concerned that there maybe undetermined risks with the proposed development project. I am concerned that the City is acting too fast, and without Department of Defense approval, in going forward with this project. I would respectfully ask that the process be slowed so that it can be fully vetted for compliance with the federal government's no build demands. The safety of residents calling these new apartments home should also be carefully evaluated. Sincerely, Leslie Edmondson Sent from my iPhone From:.michaelfdougherty@gmail.com <michaelfdougherty@gmail.com> Sent: Monday,October 9, 2023 9:59 AM To: 'mai Ito:nEstaris@vbgov.com'<mai Ito:nEstaris@vbgov.com> Cc: 'ma ilto:HDao@vbgov.com'<mai Ito:HDao@vbgov.com> Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Commissioner Estaris, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project"work" is inexcusable for this or any other project.The Mayor's "plan"and insistence on making it happen quickly should be deeply scrutinized. Why, exactly,would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer,do not have any right to an ad- hoc"do-over" of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition,and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, Mf N4"y Michael F Dougherty Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:24 AM To: dhHorsely@vbgov.com Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT- THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged 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. Commissioner Horsley, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project.The Mayor's "plan" and insistence on making it happen quickly should be deeply scrutinized. Why,exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer, do not have any right to an ad-hoc"do-over"of the BRAC agreement from 2005. Please help to stop the madness. This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you,and Best regards, Michael F Dougherty t Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:23 AM To: William Parks Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged 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. Commissioner Parks, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project.The Mayors "plan" and insistence on making it happen quickly should be deeply scrutinized. Why, exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer, do not have any right to an ad-hoc"do-over"of the BRAC agreement from 2005. Please help to stop the madness. This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, Michael F Dougherty 1 Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:21 AM To: John H. Coston Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged 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. Commissioner Anderson, Please consider slowing down the Mayor's initiative to "fast-track'the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project"work' is inexcusable for this or any other project.The Mayor's "plan" and insistence on making it happen quickly should be deeply scrutinized. Why,exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer, do not have any right to an ad-hoc "do-over" of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, Mf 1044xy Michael F Dougherty i Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:20 AM To: John H. Coston Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT- THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Completed 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. Commissioner Coston, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project. The Mayors "plan" and insistence on making it happen quickly should be deeply scrutinized. Why,exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels. And let us not forget that the City, and certainly the developer, do not have any right to an ad-hoc"do-over"of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, MF D04a,xy Michael F Dougherty i Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:19 AM To: Holly Cuellar Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT- THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged CAUTI 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. Commissioner Cuellar, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project. The Mayor's "plan" and insistence on making it happen quickly should be deeply scrutinized. Why,exactly,would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer, do not have any right to an ad-hoc"do-over"of the BRAC agreement from 2005. Please help to stop the madness. This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, MF N4�c� Michael F Dougherty 1 Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:18 AM To: Susan B. Hippen Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT - THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged 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. Commissioner Hippen, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project. The Mayor's "plan" and insistence on making it happen quickly should be deeply scrutinized. Why, exactly,would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City,and certainly the developer, do not have any right to an ad-hoc"do-over" of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, MF N41Y Michael F Dougherty 1 Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:16 AM To: Bryan Plumlee Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged 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. Commissioner Plumlee, Please consider slowing down the Mayor's initiative to "fast-track'the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project"work" is inexcusable for this or any other project.The Mayor's"plan"and insistence on making it happen quickly should be deeply scrutinized. Why,exactly,would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer,do not have any right to an ad-hoc"do-over"of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition,and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, MF D04#49, Michael F Dougherty 1 Hoa N. Dao From: michaelfdougherty@gmail.com Sent: Monday, October 9, 2023 10:15 AM To: George Alcaraz Cc: Hoa N. Dao Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Follow Up Flag: Follow up Flag Status: Flagged 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. Commissioner Alcaraz, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project.The Mayor's "plan"and insistence on making it happen quickly should be deeply scrutinized. Why,exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO,and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels.And let us not forget that the City, and certainly the developer, do not have any right to an ad-hoc"do-over" of the BRAC agreement from 2005. Please help to stop the madness. This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, MF N4a,xy Michael F Dougherty i From:.michaelfdougherty@gmail.com <michaelfdougherty@gmail.com> Sent: Monday,October 9, 2023 10:08 AM To: 'miAnders@vbgov.com'<miAnders@vbgov.com> Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Commissioner Anderson, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project "work" is inexcusable for this or any other project. The Mayor's "plan" and insistence on making it happen quickly should be deeply scrutinized. Why, exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO, and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels. And let us not forget that the City, and certainly the developer, do not have any right to an ad- hoc "do-over" of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you,and Best regards, Mf Dm4 Michael F Dougherty From:.michaelfdougherty@gmail.com<michaelfdougherty@gmail.com> Sent: Monday, October 9, 2023 10:04 AM To: 'miClemon@vbgov.com'<miClemon@vbgov.com> Subject: PROPOSED SILO at SOUTHERN PINES DEVELOPMENT PROJECT-THIS PROPOSAL REQUIRES MORE SCRUTINY AND SHOULD NOT BE "FAST-TRACKED"! Commissioner Clemons, Please consider slowing down the Mayor's initiative to "fast-track"the approval of this project. The amount of manipulation of the existing guidelines (including BRAC covenants)to make the proposed project"work" is inexcusable for this or any other project.The Mayor's "plan" and insistence on making it happen quickly should be deeply scrutinized. Why, exactly, would this be a "good" project?Will the tax revenue generated by the proposed project be enough to overcome the economic impact of Oceana and its thousands of affiliated Virginia Beach residents and taxpayers?The answer is NO, and any effort to fool the DOD and bend the BRAC agreement to benefit the developer seems suspicious on many levels. And let us not forget that the City, and certainly the developer, do not have any right to an ad- hoc"do-over" of the BRAC agreement from 2005. Please help to stop the madness.This is another example of unbridled and outrageous developer ambition, and you have a vote in this fight. Use it for the benefit of the taxpayers and citizens of Virginia Beach. Thank you, and Best regards, w D04",� Michael F Dougherty From: Amanda Robinson <pixiefloat(a)-hotmail.con > Sent: Saturday, October 7, 2023 5:17 PM To: Rosemary C. Wilson <RCWilson(a)-vbgov.com>; Madison Byrd Harris Eichholz <MBHarris(a�vbgov.com> Cc: ferrera.iim(D_icloud.com Subject: Housing development proposals up for vote 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, Councilwoman Wilson I have just heard of the proposed expedited vote on getting apartments developed that "straddles" the AICUZ line and puts our City in jeopardy of violating BRAC 2015. 1 would like to the City to find a different area to develop if this housing is needed. At the very least, a study should be done for understand the impact the intense vibration and noise pollution would do to this housing area I implore the Council to do everything in their power to ensure the regulations are honored and the Naval Station does not move to another state. Thank you for representing this district. Sincerely, Amanda Robinson Croatan Civic League Secretary 504 South Atlantic Ave 757-641-9403 Sent from my Phone From:James Ferrera<ferrera.iim@icloud.com> Sent:Saturday, October 7, 2023 8:46 PM To: Rosemary C. Wilson<RCWilson@vbgov.com> Cc: Madison Byrd Harris Eichholz<MBHarris@vbgov.com> Subject: New Development Near NAS 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 Councilwoman Wilson, I am very concerned with the proposed expedited vote for the apartment development that "straddles" the AICUZ line and puts our City in jeopardy of violating BRAC 2015. A study should be done to fully understand the impact the intense vibration and noise pollution would do to this housing development. I request the Council do everything in their power to ensure the commitments to Oceana Naval Station are honored so they do not move to another state. Thank you for representing us. Sincerely, Jim Ferrera Croatan Civic League Board Member VBCCO Representative 539 South Atlantic Ave 410-599-9461 Sent from my iPhone Hoa N. Dao From: Donna Siller <dsiller136@gmail.com> Sent: Monday, October 9, 2023 10:03 AM To: Hoa N. Dao Subject: Silo Project Follow Up Flag: Follow up Flag Status: Flagged 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. Dao, Please convey to the Planning Commission my opposition to the Silo apartment complex proposed on Princess Anne Road. At the very least, the project needs more time to be studied instead of being expedited through the rezoning process. I am concerned about the density in such a small area and the proximity to the ITA line. Regardless of an Oceana liaison indicating he has no objection, I hope the city values Oceana enough to vet the complex with the DOD. Also, I understand the Silo traffic plan on Princess Anne Road is not supported by the city traffic engineers. Allowing a project to violate the Comprehensive Plan's "contract" ,so to speak, with city residents is an abuse of trust and abuse of power. Donna Siller 2725 Christopher Farms Sent from my iPhone i Lea Roan 2401 Strawflower Court Virginia Beach, Virginia 23453 703-216-7160 October 8, 2023 Virginia Beach Planning Commission: Naomi Estaris, Michael Clemons, Michael Anderson, Kathryn Byler, George Alcaraz, Bryan Plumlee, Susan Hippen, Holly Cuellar, John Coston, William Parks, Donald Horsley Virginia Beach City Council: N.D. "Rocky' Holcomb, Barbara Henley, Michael Berlucchi, Dr. Amelia Ross-Hammond, Rosemary Wilson, Robert W. "Worth" Remick, Sabrina D. Wooten, Chris Taylor, Joashua F. "Joash" Schulman, Jennifer V. Rouse Mayor of the City of Virginia Beach, Robert M. "Bobby" Dyer 2401 Courthouse Drive, Building 1 Virginia Beach Virginia 23456 RE: Letter to OPPOSE the approval of the Silo at Southern Pines project, 2737 Princess Anne Road Dear Virginia Beach Planning Commission, Virginia Beach City Council, and Mayor of the City of Virginia Beach, I have been a resident of Princess Anne Crossing since 2004. 1 have seen our city change greatly, including the widening of Princess Anne Road and the increased development in the Courthouse area. I completely understand that our city will change overtime, and believed that the Comprehensive Plan that was put in place was going to be followed with integrity. This is the first time that I feel our Virginia Beach Planning Commission and Virginia Beach City Council are not keeping our best interests in mind. I am writing this letter to outline several reasons that the Planning Commision and the City Council should NOT approve the rezoning, variance, and/or modifications being requested in order to build the Silo at Southern Pines at 2737 Princess Anne Road. These reasons include: encroachment on the ITA and AICUZ requirements of BRAC, higher density than proposed in the Comprehensive Plan or Princess Anne Historical District Guidance for the Princess Anne Commons area, traffic congestion and danger concerns, and the precedence for manipulating data and using politically charged phrases to push through projects that benefit local developers and personal agendas. It is imperative that the relationship between Virginia Beach and the US military remain in good standing. This project, in its second iteration that is now up for approval, has been amended to prevent a violation of the ITA and AICUZ requirements of BRAC by mere inches, but in doing so requires a violation of density rules and does not create an effective plan for stormwater management. It also has required the developer to establish this project as a second phase to a neighboring property it owns, despite it not being included in the original plan for the neighboring property. Therefore, the developer is providing false information in this proposal. I find it disheartening that our leaders would support a corporation that uses such deceitful business practices. The density and height of this property is far higher than the surrounding areas. It is not within the guidance proposed in the Comprehensive Plan or the Princess Anne Historical District Guidance for the Princess Anne Commons area. These buildings are too tall and take away form the intent of the Princess Anne Corridor leading to the Courthouse area. No residences within three miles are this tall, including those in Spence Crossing. This developer is requisition both a four story variance, and a hight variance from 35 to 55 feet. When these guidelines are violated, a precedence is set for future such high density and tall building opportunities. Converting agricultural land to high density housing is financially beneficial to developers, as it is much less expensive than land in already dense areas of Virginia Beach. The traffic pattern that has been proposed in this second iteration will certainly cause traffic congestion and danger concerns to local residents. The proposed right turn out only presents a hazard to residents exiting the collective neighborhoods of Princess Anne Crossing, Christopher Farms and Courthouse Farms at Curry Comb Court. This intersection has a hazardous history, and with the likelihood of residents of the Silos at Southern Pines likely to cut across Princess Anne Road to make a U-turn in order to turn left on Princess Anne Road, we will surely have an increase in traffic incidents. The greatest concern is the possibility of additional deaths, which have already occurred at this location, caused by this traffic pattern. The most important of all of the concerns listed in this letter is the precedence it sets for developers to have the ability to manipulate data and for local officials to use politically charged phrases to push through projects that benefit them financially and personally. The data manipulated in this proposal relates to density, parking, and the promise to provide Workforce Housing. Naming this project as the second phase of the original Southern Pines community is creating an opportunity for the developer to manipulate the data and create a picture that they are developing within the density requirements and providing Workforce Housing. This project alone, exceeds the density requirements for the size of the property. However, in conjunction with the neighboring property it is closer to meeting the requirements, but still exceeds the density requirement. This is misleading and attempts to circumvent rules to the developers benefit which is inconsistent with fair practices. The promise of Workforce Housing encourages supporters of the project, as we do need actual Workforce Housing, but there has been no disclosure of the proposed rent for the required 17 % of the project to prove that it is in fact providing for Workforce Housing. Additionally, there is no system in place to monitor the project after completion to ensure that the Workforce Housing is established and maintained. If the message is being sent that this project will truly provide for Workforce Housing, the sender of this message is providing false information to the community. This is yet another apartment community where the developer will be afforded significant financial gain, while NOT delivering what was promised to the community. I believe that these are just a few concerns that have been discussed in my community. However, there are numerous other concerns that will be addressed as this proposal progresses. I highly encourage you all to consider the concerns that are being brought to your attention regarding this project. The public sentiment is that anyone who approves this project does not have the best interests of Virginia Beach at heart, but are in fact guided solely by the financial and personal gains that result from approving such a project. I am hopeful that you will agree that this project should not be approved. Sinc e y, Lea Roan Jessica W. Windish 2568 Cantwell Road Virginia Beach, Virginia 23453 757-34 3-8120 October 8, 2023 Virginia Beach Planning Commission: Naomi Estaris, Michael Clemons, Michael Anderson, Kathryn Byler, George Alcaraz, Bryan Plumlee, Susan Hippen, Holly Cuellar, John Coston, William Parks, Donald Horsley Virginia Beach City Council: N.D. "Rocky" Holcomb, Barbara Henley, Michael Bertucchi, Dr. Amelia Ross-Hammond, Rosemary Wilson, Robert W. "Worth" Remick, Sabrina D. Wooten, Chris Taylor, Joashua F. "Joash" Schulman, Jennifer V. Rouse Mayor of the City of Virginia Beach, Robert M. "Bobby" Dyer 2401 Courthouse Drive, Building 1 Virginia Beach Virginia 23456 RE: Letter to OPPOSE the approval of the Silo at Southern Pines project, 2737 Princess Anne Road Dear Virginia Beach Planning Commission, Virginia Beach City Council, and Mayor of the City of Virginia Beach, As a lifelong resident of District 2 in Virginia Beach, 1 have watched our city change greatly over the last 40 plus years. As a former geography teacher, I fully understand why the changes have occurred, have a great appreciation for urban and suburban development, and I have been quite pleased with how our city has managed the impact of the growth and change it has experienced. We have improved infrastructure, expanded services and amenities, maintain an exceptional education system, and are truly building a `Community for a Lifetime". However, in recent years, I have started to see practices in our city that have made me less than the proud citizen I would like to say that I am. Now, a practice that I find disheartening and unhelpful to our community is in my backyard. One where the leaders that have the greatest influence on the direction of land use in our community are making decisions that are not in the best interests of our community. They are, however, in the best interests of developers and often themselves. So, 1 am writing this letter to outline the numerous reasons that the Virginia Beach Planning Commision and the Virginia Beach City Council should NOT approve the rezoning, variance, and/or modifications being requested in order to build the Silo at Southern Pines at 2737 Princess Anne Road. These numerous reasons include: encroachment on the Interfacility Transition Area, higher density and height than previously agreed upon in the Comprehensive Plan and Princess Anne Historical District Guidance for the Princpss Anne Commons area traffic congestion rind danger concemc, environmental degradation and impact to wildlife, stormwater management, and the prec odencA for manipulating data and using politically charged phrases to push through projects that benefit local developers and personal agendas of leaders. As you all know, the economic base of Virginia Beach includes three major streams: military, tourism, and agriculture. The concerns described in this letter directly impact all three. It is imperative that we protect our economic base, to ensure a community with the financial foundation to be a 'Community for a Lifetime'. To protect our financial foundation from the income that results from the relationship between Virginia Beach and the US military, we must keep that relationship in good standing This project, in its second iteration that is now up for approval, has been amended to prevent a violation of the ITA requirements of BRAC by mere inches, but in doing so requires a violation of density rules and causes other problems such as dangerous traffic patterns and a tack of stormwater management. It also has required the developer to falsely establish this project as a second phase to a neighboring property it owns, despite it not being included in the original plan for the neighboring property. Therefore, the developer is providing false information in this proposal. I find it disheartening that our leaders would support a corporation that uses such deceitful business practices and allows for practices that are known to be detrimental to our community. The density of this property is far higher and much taller than those in the surrounding areas. It is not within the guidance proposed in the Comprehensive Plan or the Princess Anne Historical District Guidance for the Princess Anne Commons area. When these guidelines are violated, a precedence is set for future such high density and tall building opportunities. Setting precedents of allowing for significant zoning changes and variances impowers developers to keep moving projects into the rural areas of Virginia Beach and deceives landowners by encouraging unrealistic (higher than market value)expectations for the sale of their properties. Converting agricultural land to high density housing is financially beneficial to developers, as it is much less expensive than land in already dense, properly zoned, areas of Virginia Beach. There are sbll areas available for building these types of properties in Virginia Beach with the zoning in place/and or a more reasonable adjustment. The properties have a greater ability to provide residents with direct access to amenities and services, and are in school zones with a greater ability to increase their enrollment to accommodate for new developments. That is not the case when agricultural land is converted to high density housing. The availability of amenities and services to the residents for this project are not robust, and will have to be expanded to accommodate for the increase in population. This will lead to even more agricultural land being converted to higher density use. For this project, it is also important to note that the schools that will be impacted already have some of the highest student teacher ratios, but are not schools with special programming in place to ensure smaller class sizes. The traffic pattern that has been proposed in this second iteration will certainly cause traffic congestion and the potential for dangerous situations. Traffic exiting the project is proposed to have a right turn in and out only. This presents a hazard to residents exiting the Collective neighborhoods of Princess Anne Crossing, Christopher Farms and Courthouse Farms at Curry Comb Court, and those traveling Southeast on Princess Anne Road. This intersection has a hazardous history, and with the likelihood of residents of the Silos at Southern Pines cutting across Princess Anne Road to get in the established left turn lane to make a U-turn in order to turn loft on Princess Anne Road, we will surely have an increase in traffic accidents at this intersection. The greatest concern is the possibility of additional deaths caused by this traffic pattern, as numerous deaths along this portion of Princess Anne Road have happened throughout the years I have lived in Princess Anne Crossing. As we continue to move development South in Virginia Beach and violate or adjust the groenline initiatives that we consistently talk about, we are adding to the environmental degradation of our land and community and causing immense negative impact to our local wildlife. This consistent development in rural areas is a direct threat to our agricultural productivity and our tourism industry. Although this property is not a significant contributor to the $21 million plus in gross sales of our three primary crops in Virginia Beach, new development on any agricultural land moves the threat closer and closer to the land that is contributing to that income stream. Additionally, this area is home to several heals of deer and a variety of other migratory wildlife. This particular piece of land is the thoroughfare that these animals use from the West Neck Creek area to the North Landing area. Developing this tract of land will cause a direct negative impact on wildlife. Our beautiful wildlife and natural areas are significant elements of our tourism industry. Approval of this project sets a precedent and sends a message that development is preferential to environmental preservation. Regarding stormwater, which is a great concern across our city, the original plan that was proposed had a retention pond and green space. The second iteration, to adjust for the ITA requirements, eliminated both of these. How is it possible for this six acre tract of land to be developed with extensive non-permeable space, and absolutely no plan in place for stormwater management? As an owner of a commercial property where my family's business is located, we were required to build a stormwater management system on one acre of land and are regularly monitored to maintain the quality of said system. I take this as a personal offense. Approval of this project without a retention pond implies that our leaders have a complete disregard for maintaining a well functioning infrastructure, and are willing to bend the rules for developers with deep pockets while holding other landowners with smaller profit margins and smaller voices the only ones fully accountable to an unfair standard. Possibly the most important of all of the concerns listed in this letter is the precedence it sets for developers to have the ability to manipulate data and for local officials to use politically charged phrases to push through projects that benefit them financially and personally. The data manipulated in this proposal relates to density of housing units, volume of parking, and the promise to provide Workforce Housing. Naming this project as the second phase of the original Southern Pines community is creating an opportunity for the developer to manipulate the data and create a picture that they are developing within the density requirements, providing adequate parking, and providing Workforce Housing. This project alone, significantly exceeds the density requirements for the size of the property. Promising Workforce Housing allows for an extension of the density approved, and linking it to the neighboring property as a suggested Phase 2 gives even more room for manipulation. All of this is misleading and attempts to circumvent rules to the developer's benefit. The promise of Workforce Housing encourages many to support the project, as we do need actual Workforce Housing in Virginia Beach. This promise is being made without a disclosure of the proposed rent for the required minimum 17 % of the project to prove that it is in fact providing for Workforce Housing. Additionally, there is no system in place to monitor the project after completion to ensure that the Workforce Housing is established and maintained. With the lowest rent for a two bedroom in a neighboring and comparable apartment community being just over $1900 per month, and three bedrooms being $2300, it is highly unlikely that rent in this proposed community will be less. A price point of$1900 n month is well above reasonable for a person that falls into the classification of Workforce Housing. For example, a Virginia Beach firefighter or VBCPS bus driver with roughly five years of service, or a skilled worker in the local automotive service industry would need a rent payment between $1600-1700 per month. This figure aligns with the standard debt to income ratio required by most mortgage companies for loan approval. It is important to note that this figure implies they have no other debt, which is highly unrealistic. Accounting for car payments to credit cards, workforce rent should be closer to $1200-1300 per month. I have a vested interest in additional workforce housing in Virginia Beach. The employees at my family's business do not live in Virginia Beach, because they can not afford to. My young adult children, who are in the workforce, have been preparing to purchase their first homes in Virginia Beach, their "Community for a Lifetime". Sadly, they can not afford to even rent in their community. None of them will likely afford to live in these apartments, because these apartments are not Workforce Housing. This is yet another beautiful apartment community with award winning amenities where the developer will be afforded significant financial gain after the support of the community leaders, while NOT delivering what was promised. Our workforce is moving to our surrounding cities and becoming a part of their communities instead. If a message is being sent that this project will truly provide for Workforce Housing, the sender of this message is providing false information to the community or is being deceived by the developer with false promises. If the leaders of our city truly want to support Workforce Housing they will encourage builders to develop avenues for home ownership within a price point that the workforce can afford. This very property could be developed as affordable townhomes or condos, with proper stormwater management, and within a workforce price point. It can be done, the developers will just need to adjust to more realistic profit margins. These are the reasons of greatest concern, in my opinion. However, there are numerous other concems that have and will be brought to the attention of this group. I highly encourage you all to consider the concerns that are being brought to your attention regarding this project. The public sentiment is that anyone who approves this project does not have the best interests of Virginia Beach at heart, but are in fact guided solely by the financial and personal gains that result from approving such an egregious bending of established rules and regulations. I have had the pleasure of working with many of you in a variety of ways, and I know that you truly do care about our city. So I am hopeful that you will take the time to contemplate this information and the importance of your role in the future of our city, and will then see why this request for rezoning, variance, and/or modifications should absolutely NQ1 be approved. Sincerely, r � `o`1rdbc Jessica W. Windish Hoa N. Dao From: Eloise Mayo <eloisemayo@yahoo.com> Sent: Monday, October 9, 2023 8:57 AM To: Hoa N. Dao Subject: Workforce housing near Curry Comb objection Follow Up Flag: Follow up Flag Status: Flagged 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. My husband Joe Mayo and I want to go in the record as opposing this proposed development. It goes against the original guidelines in planning this area near the courthouse in countless ways from height, congestion, noise and more. Already our neighborhood is used as a way to get to Holland and Princess Anne as a go between. It has become increasingly more dangerous for residents to come in and out of neighborhood onto Princess Anne! How does a 4-story complex make the noise, congestion and aesthetics of the area better? Why are new variances being put forward that go against earlier plans for our area? And why is this being pushed through without thorough evaluation of how it impacts not just area but all of Virginia Beach as it would set precedence in harmful ways in building variances, height, noise levels and the environment and more. Please distribute our objection to this happening the way it is proposed to council members. Why such short-sighted pushing for something that does not fit original building proposals?! Sincerely, Joseph Mayo Eloise Shelton-Mayo Virginia Beach residents Christopher Farms Sent from my iPhone i From: Isabelle Wilkinson<iwilki422@msn.com> Sent:Sunday, October 8, 2023 11:40 PM To: planadmin@vbgov.com<planadmin@vbgov.com>; bplumlee@vbgov.com<bplumlee@vbgov.com>; dhhorsely@vbgov.com<dhhorsely@vbgov.com> Subject:Silo at Southern Pines I am requesting the planning Commission to DEFER approval of proposed application for the Silo at Southern Pines apartment development which straddles BRAC 2005/AICUZ noise zone near NAS Oceana. The process needs to be slowed down so the City of Va. Beach is certain that there is NO violation of the BRAC or AICUZ agreements between the City and US Government. I am also requesting that the Planning Commission members slow down the increasing amount of High Density apartments and neighborhood projects throughout the entire city. City Staff/employees cannot even keep up with maintaining roads, highways, parks, open green spaces, waste management, and traffic congestion. High Density housing will only create more problems and destroy our once beautiful city. PLEASE STOP THE URBAN SPREAD! Isabelle Wilkinson 146 Pinewood Road Va. Beach,VA 23451 Hoa N. Dao From: James R. "Rick" Boyles <rick.boyles@computernetworksinc.com> Sent: Monday, October 9, 2023 8:42 AM To: Bryan Plumlee; dhHorsely@vbgov.com; George Alcaraz; George Alcaraz; Holly Cuellar; horsley_don@yahoo.com;John H. Coston;johnhcoston@gmail.com; Kathryn Byler; Michael Anderson; Michael Clemons; Naomi Estaris; Susan B. Hippen;William Parks Cc: Hoa N. Dao; Kathy M. Warren; Kaitlen S. Alcock; Carrie L. Bookholt Subject: Opposition to the Silo at Southern Pines Follow Up Flag: Follow up Flag Status: Flagged F UTIONS This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you cognize the sender and know the content is safe. Good morning, Commissioners: I write this letter as a private citizen and not as the representative of the Thalia Civic League or the Virginia Beach Council of Civic Organizations. Please let me go on record as currently being opposed to moving forward with approval of the Franklin Johnson Group project, known as the Silo at Southern Pines.There are still many unanswered questions about any property that straddles the ITA and AICUZ dividing lines that should be addressed. The other concern is that this applicant has asked for many modifications to the current development rules, including, but not limited to density calculations, height modifications, roadway modifications, a self-governing workforce housing program with no apparent rules, insufficient stormwater preparation, etc.The list goes on. It's like they said let's throw it all against the wall and see what sticks. The prudent course of action is to Defer the matter until Staff has had the opportunity to vet the project thoroughly and research answers to all the questions that the public has raised over the last few days, including potential violations of BRAC 2005. As a City,we got ourselves in quite a jam back in 2005, requiring the City to spend $135,000,000.00(One Hundred Thirty-Five Million)taxpayer dollars acquiring properties that the City allowed to encroach on Oceana Naval Air Station. Let's not start that process all over again with questionable developments such as this. The project has merit, as does every multi-family project in the City. However,we are all aware that location is the key to being an acceptable project versus an unacceptable one. This location, straddling the ITA and AICUZ lines, is an unanticipated situation, that requires further study as to its potential long-term, precedent setting effects before approval. What we grant to one,we must grant to others. Thank you in advance for your continuing service to the City of Virginia Beach. We will see you on Wednesday. James R. "Rick" Boyles President/Founder Computer Networks, Inc. i 4992 Euclid Rd. Suite 1 Virginia Beach, VA 23462 Office: 1-757-333-3299 Fax: 1-866-496-9303 2 From: Kimberly Roque <kim.rogue(a-)outlook.com> Sent: Sunday, October 8, 2023 8:34 PM To: Planning Administration <PlanAdmn(ab_vbgov.com> Subject: Franklin Johnston development application for Princess Anne Road 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 am extremely disappointed to see the plans suggested for the 176 unit development on Princess Road. I've just reviewed them and am horrified to see that many units slated for acreage that is insufficient for that size of complex, doesn't have enough drainage, and is already at a very dangerous intersection. I also think this is being done in a very rushed manner which gives the feeling of impropriety, without properly seeking public input or understanding the planning ramifications. The fact that the plans were just now released smacks of trying to rush things, and with tryint to disregard precedent on land carrying capacity--this is just bad land management. Please say no to this development and encourage responsible re-working of the plans to accommodate the existing formulas. Thank you for your attention. Best, Kim Roque 703.966.7540 1832 Fury Way Virginia Beach, VA 23456 From: Debbie Lou Hague<beachhagues@icloud.com> Sent:Saturday, October 7, 2023 10:52 AM To: Planning Administration<PlanAdmn@vbgov.com> Subject:Southern Pines-AICUZ 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 emailing you to ask the Virginia Beach Planning Commission to defer this project until complete studies can be done to ensure that we are not violating any agreements with the United States Government or City of Virginia Beach Zoning codes and that this is a compatible use of the property. I have lived in at the beach long enough to remember about more than one airplane crash, seen schools moved because of air crash zones only to allow building on the land at a later time, know the economic impact that Oceana has on the City of Virginia Beach, and am familiar with the BRAC agreements in 2015. Thank you, Debbie Lou Hague Hoa N. Dao From: Karen <ksfabl @cox.net> Sent: Sunday, October 8, 2023 9:16 PM To: Amanda F. Barnes; Hoa N. Dao Subject: Silo apartment complex project Follow Up Flag: Follow up Flag Status: Flagged 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 Members of Council and the Planning Commission, I have lived in Virginia Beach for over 33 years and am writing to let you know that I am strongly opposed to the Silo Project apartment complex that has been proposed on Princess Anne Road. I am respectfully asking that we slow down and take the time to appropriately vett this project. As a clinical psychologist living and working in Virginia Beach, I am keenly aware of the need for workforce housing, however, I feel strongly that the identified location on Princess Anne Road is not an appropriate location to meet such a need. First,the density is too high,second, it is too close to the ITA, and thirdly, it does not put Virginia Beach in a good position when the time comes fir the next BRAC review! Certainly we remember the angst that was experienced when we feared the loss of Oceana! We do not want to set ourselves up for a repeat of this dilemma when we know we could meet with a less satisfactory outcome the next time. In addition,the Silo Complex violates the city's Comprehensive Plan. Thus, moving forward with the plan will serve only to jeopardize the trust that Virginia Beach residents place in our elected city officials! Please reflect on the consequences of this plan and when you do, I have faith that you will vote against the Silo Project for Princess Anne Road! Please distribute this email to the Planning Commission as well as to City Council members! Thank you for supporting our great city and for protecting its future. Best Regards, Karen Simmons-Faber, Ph.D. 1 Hoa N. Dao From: Carl Ray <757cray@gmail.com> Sent: Sunday, October 8, 2023 6:51 PM To: Hoa N. Dao Cc: Carl Ray;Ann Ray Subject: Opposition to Silo at Southern Pines project, 2737 Princess Anne Road Follow Up Flag: Follow up Flag Status: Flagged t'AI�Y- 1TION 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. Hoa N. Dao Planning Evaluation Coordinator Virginia Beach Planning Commission We would like to go on the record as being opposed to the proposed Silo at Southern Pines project, located at 2737 Princess Anne Road. We are homeowners and residents of Princess Anne Crossing near the proposed project and feel we would be adversely affected based on the proposal being reviewed by the Planning Commission at the October 11, 2023 meeting. Our opposition is due to the following points found in the Published Request by the applicant: Franklin Johnston Group Management& Development, LLC. 1.The access point on Princess Anne Road is located prior to Curry Comb Court. Providing both ingress and egress to the proposed property at this location will cause additional traffic congestion and hazards to the residents of Princess Anne Crossing, Christopher Farms, and Courthouse Farms as we exit Curry Comb Court onto Princess Anne Road and turn Left across the median to navigate toward the Municipal Center.This is currently a congested and hazardous crossing today, and adding this new access to the proposed development will only make it worse.There have been accidents and fatalities at this crossing in the past, and this proposal would increase both the congestion and the hazards. 2.The proposed 30' setback from Princess Anne Road is inadequate and appears that it would place the development at the edge of the current bike and walking path on the west side of Princess Anne Road.There should be more of a setback with landscaping to help maintain the existing green space in the area. 3.A variance for building heights up to 55 feet and 4-stories should not be granted as this is outside of the current A-18 zoning and this would set a precedent for future development.This development should meet the current A-18 zoning restrictions and be capped at 35 feet or 3-stories. 4. We have concerns that the plan does not include adequate parking.The current Southern Pines apartment complex consistently has a large number of cars using the dead-end on George Wythe Drive, and these will be displaced when that road is extended in this proposal. If the current development does not provide adequate parking for it's tenants then we don't have confidence that this additional development will have adequate parking either. Respectfully Submitted, Carl&Ann Ray 2680 Cantwell Road Virginia Beach,VA 23453 757cray@gmail.com ann.rayl@verizon.net 2 Hoa N. Dao From: Larkspur Civic League <larkspurvirginia@gmail.com> Sent: Sunday, October 8, 2023 3:22 PM To: Naomi Estaris Cc: Hoa N. Dao Subject: Be reasonable - slow the approval process for this project. Follow Up Flag: Follow up Flag Status: Flagged 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 defer the Princess Anne apartment complex project until complete studies can be done to ensure that we are not violating any agreements with the United States Government or City of Virginia Beach Zoning codes and that this is a compatible use of the property. Sincerely, Eric Johnson --------------------- Larkspur Civic League Board www.larkspurvb.club larkspurvirginia@gmail.com call/text-757-219-2089 i Hoa N. Dao From: Wayne Steitz <wayne.steltz@gmail.com> Sent: Sunday, October 8, 2023 2:24 PM To: Hoa N. Dao Subject: Franklin Johnston Group project Follow Up Flag: Follow up Flag Status: Flagged 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. SLOW THE APPROVAL PROCESS DOWN UNTIL IT CAN BE STUDIED IN MORE DEPTH! No one is suggesting outright denial-just slow it down until we are sure it is right! This project needs more study than it has been given because it has the possibility of setting a precedent which will require any applicant to be treated the same by the City. Which means SLOW DOWN! Some of the City folks working on this project were not even teenagers when BRAC 2005 occurred. We are running the risk of making the same expensive mistakes all over again with a new generation. The current iteration of the applicant's (Franklin Johnson Group) Proposal has not been fully studied and vetted to be a compatible use of the property given its location in an AICUZ(Air Installation Compatibility Use Zone),its location in the TA/ITA (Transition Area/Interfacility Traffic Area), its request for density variance, its request for height variance, and its request for traffic variance (access to Princess Anne Road). Franklin Johnston Group is Mayor Dyers single largest donor since 2021; his request to expedite approval for this donor smacks of impropriety at best, and influence peddling at worst! Citizens will surely request an accounting of all involved in this potential abuse of power by the Mayor. Respectfully Wayne Steitz Colonel, USAR (RET) Sent from my iPhone i Hoa N. Dao From: Jennifer Betz <jhbetz@gmail.com> Sent: Sunday, October 8, 2023 2:23 PM To: Hoa N. Dao Subject: Opposed to Silo at Southern Pines on PA Road Follow Up Flag: Follow up Flag Status: Flagged 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 sending this note in opposition of the multi family housing complex being considered across Princess Anne Road from my neighborhood Christopher Farms. Please oppose this construction. The city council is slowly destroying our city with poorly planned construction. Va beach is starting to look like the disorganized building throughout Chesapeake. It's horrible. Thanks for your consideration, Regards, Jennifer Betz and Tommy Taylor, homeowners in southern Virginia Beach- Christipher Farms subdivision. Sent from my iPhone i Hoa N. Dao From: Denise Snee <denise.snee@gmail.com> Sent: Sunday, October 8, 2023 11:36 AM To: Hoa N. Dao Subject: Proposed Apartment Complex near Oceana Follow Up Flag: Follow up Flag Status: Flagged r r17 This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you ognize the sender and know the content is safe. This email is to object to the reckless manner in which the high density apartment complex is being fast tracked through the approval process. This development jeopardizes the continued operation of NAS Oceana, and may represent a violation of the BRAC 2015 agreement with the US Navy and the Department of Defense. We currently have no city codes to govern such a high density development, and such a development sets a precedent that will negatively affect the City of Virginia Beach. Once we go down this path, no area is safe from this type of development. This development needs at a minimum more study. Listen to the residents of Virginia Beach, not the developers.. Denise Snee 1 Hoa N. Dao From: Barton Consford <consfordbt@gmail.com> Sent: Sunday, October 8, 2023 10:34 AM To: Hoa N. Dao Subject: Silo at Southern Pines Opposition Follow Up Flag: Follow up Flag Status: Flagged 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 record my opposition to the subject project. There are many objections I have to this project, but the most prevalent are: 1) Creates a traffic problem at Curry Combs and Princess Anne intersection. There have been many accidents already by increasing traffic many more accidents and possible deaths will occur. 2) The project goes against the noice restrictions generated by Naval Base Oceana. 3) There are many statutes and rule violation caused by the development of the Southern Pines Community project. I have resided at Princess Anne Crossing for over 22 years and would suspect that my property values will decline for this type of project. My value decreases while the property builders make profits. Sincerely, Barton D. Consford Sr. 2300 Country Glen Ct Virginia Beach, VA 23453 Mobile: 757.286.0314 i Hoa N. Dao From: Jean Koch <jkoch8789@gmail.com> Sent: Saturday, October 7, 2023 9:01 PM To: Hoa N. Dao Subject: AGAINST Apartments in the AICUZ Follow Up Flag: Follow up Flag Status: Flagged CAUT' 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 have tried to reach the members of your organization/group and my computer will not recognize them at present. District 1 Naomi Estaris District 2 Michael Clemons District 3 Michael Anderson District 4 Kathryn Byler District 5 George Alcaraz District 6 Bryan Plumlee District 7 Susan Hippen District 8 Holly Cuellar District 9 John Coston District 10William Parks At Large Donald Horsley Here is the message I hoped to send them: I have been a resident of Virginia Beach since 1953 and lived on the north runway perimeter fence line with Southern Blvd and the town of Oceana. I have observed the site of propeller and jet aircraft crashes near the neighborhood surrounding Oceana Elementary School. Accordingly, I have always been sensitive and careful when supporting our city's growth over the past 70 plus years. Especially when the Federal/Defense Dept BRAC 2015 Study issued a wake up call to our City leaders threatening closure of NAS Oceana. I was opposed to closure and eagerly supported the agreement with the City's contribution to its terms since it affected the safety and livelihood of all of our city's residents. That costly message to our taxpayers and affected residents resulted in many family dislocations as well. Please do not repeat the lessons learned from that costly effort and result. Considering the past history of BRAC 2015's potential to shutter NAS Oceana,I'm asking you all to step back and place a pause on the apartment complex plan in the AICUZ at the Planning Commission hearing on 10-11-23 and the 10-16-23 Council vote unless deferred. In addition,a hasty fast tracked decision without consideration of measured recommendations from the Operational and Administrative Commands of the Navy may jeopardize relationships and mutual solutions. The potential survival and safety of apartment residents along with protection of NAS Oceana as a vital installation in our National Defense strategy is a critical milestone in this study. It is requested that you all defer this apartment/land development plan until all stake holders are available and contribute to a comprehensive study analysis. All the Best, J.C.Koch 1 Hoa N. Dao From: Sherry Terpening <sterpening@hotmail.com> Sent: Saturday, October 7, 2023 4:26 PM To: Hoa N. Dao; Naomi Estaris; Michael Clemons; Michael Anderson; Kathryn Byler; George Alcaraz; Bryan Plumlee; Susan B. Hippen; Holly Cuellar;John H. Coston;William Parks; dhHorsely@vbgov.com; City of Virginia Beach Mayors Office; Barbara Henley; Michael Berlucchi; Amelia N. Ross-Hammond; Rosemary C.Wilson; Worth Remick; Sabrina D. Wooten; Christopher Taylor;Joashua F. Schulman; Jennifer V. Rouse Cc: Ed (terpeninge@hotmail.com) Subject: Silo at Southern Pines project, 2737 Princess Anne Road Follow Up Flag: Follow up Flag Status: Flagged E ON This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you nize the sender and know the content is safe. Mr. Dao, I am writing to state my opposition to the high density development of the Silo at Southern Pines project. This project proposes density which is far higher than the surrounding area and not within the specific guidance nor the intended spirit of the Comprehensive Plan,the Princess Anne Commons guidance,or the PA Historical District Guidance. The high noise areas bounded within the ITA and AICUZ 65-70 dB sub Area 2 are effected by this development.This is not in keeping with BRAC, ITA and AICUZ statutes and guidance. This could equally impact Oceana and sets a precedence for other developers. The location of the right turnout represents a hazard to residents exiting my development. Respectfully, Ed &Sherry Terpening Sent from Outlook 1 Hoa N. Dao From: George <georgeoxx@gmail.com> Sent: Saturday, October 7,2023 3:22 PM To: Hoa N. Dao Subject: Oh boy. Follow Up Flag: Follow up Flag Status: Flagged 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 Totally ignore and go against Oceana Naval Air Station crash zone standards, and to build high density housing in such a designated location is nothing but instant greed , money and corruption in our local government elected officials ... sickening . lets see ... filling in lakes or watershed areas to build high density residential housing ... building high density housing in a designated US NAVY OCEANA AIR STATION crash zone pushing for approval ??? what and why ? show me the money , show me greed and corruption. what's next ?? George Oxx Hoa N. Dao From: beachhagues@aol.com Sent: Saturday, October 7, 2023 10:41 AM To: Hoa N. Dao Subject: Apartment in the AICUZ noise zone- Southern Pines Follow Up Flag: Follow up Flag Status: Flagged 4 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 emailing you to ask Virginia Beach Planning Commission to defer this project until complete studies can be done to ensure that we are not violating any agreements with the United States Government or City of Virginia Beach Zoning codes and that this is a compatible use of the property. I have lived in at the beach long enough to remember about more than one airplane crash, seen schools moved because of air crash zones only to allow building on the land at a later time, know the economic impact that Oceana has on the City of Virginia Beach, and am familiar with the BRAC agreements in 2015. Thank you, Debbie Lou Hague From: Leslie Edmondson <edmondsonleslieCa-)-gmail.com> Sent: Thursday, October 5, 2023 1:11 PM To: Planning Administration <PlanAdmn(a-)-vbgov.com> Subject: The Silo at Southern Pines 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 Leadership, Like many other community leaders, I am concerned that there maybe undetermined risks with the proposed development project. I am concerned that the City is acting too fast, and without Department of Defense approval, in going forward with this project. I would respectfully ask that the process be slowed so that it can be fully vetted for compliance with the federal government's no build demands. The safety of residents calling these new apartments home should also be carefully evaluated. Sincerely, Leslie Edmondson Sent from my iPhone Hoa N. Dao From: Andrea Lindemann <awrl95@icloud.com> Sent: Monday, October 9, 2023 12:56 PM To: Naomi Estaris Cc: Hoa N. Dao Subject: Silos Apartment Project - Non- approval CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Estaris, Please do not recommend that the Silos Apartment Project be approved at this time. I have reviewed the project and listened to the comments made by Mrs. Henley who is the District Council member. I do not see why this development is being fast tracked when there are significant concerns which I share. 1. Current zoning code does not address how density is calculated when part of the parcels can not or will not be built upon and are therefore not integrated in the project. The resulting density of 58 units per acre is inappropriate. The zoning ordinance needs to be clarified. 2. There is no reason to fast track this project given the number of issues: density, building height, traffic, parking. 3. Concerns about adherence to the BRAC agreement. Thank you for your attention to this matter. Sincerely, Andrea Lindemann t Kimberly Koenig 2569 Cantwell Road Virginia Beach, Virginia 23453 October 8, 2023 Virginia Beach Planning Commission: Naomi Estaris, Michael Clemons, Michael Anderson, Kathryn Byler, George Alcaraz, Bryan Plumlee, Susan Hippen, Holly Cuellar, John Coston, William Parks, Donald Horsley Virginia Beach City Council: N.D. "Rocky" Holcomb, Barbara Henley, Michael Berlucchi, Dr.Amelia Ross-Hammond, Rosemary Wilson, Robert W. "Worth" Remick, Sabrina D. Wooten, Chris Taylor, Joashua F. °Joash"Schulman, Jennifer V. Rouse Mayor of the City of Virginia Beach, Robert M. "Bobby" Dyer 2401 Courthouse Drive, Building 1 Virginia Beach Virginia 23456 RE: Letter to OPPOSE the approval of the Silo at Southern Pines project, 2737 Princess Anne Road Dear Virginia Beach Planning Commission, Virginia Beach City Council, and Mayor of the City of Virginia Beach, I have been a resident of Virginia Beach for 31 years, and a homeowner in Princess Anne Crossing for over 20 years. I am writing this letter to outline the reasons that the Virginia Beach Planning Commision and the Virginia Beach City Council should NOT approve the rezoning, variance, and/or modifications being requested in order to build the Silo at Southern Pines at 2737 Princess Anne Road. I know there is a special relationship between Virginia Beach and the US military. This project, in its second iteration that is now up for approval, has been amended to prevent a violation of the ITA and AICUZ requirements of BRAC by mere inches, but in doing so requires a violation of density rules and does not create an effective plan for stormwater management. It also has required the developer to establish this project as a second phase to a neighboring property it owns, despite it not being included in the original plan for the neighboring property. Therefore, the developer is providing false information in this proposal and should not be afforded approval. The density of this property is far higher and taller than the surrounding areas. It is not within the guidance proposed in the Comprehensive Plan or the Princess Anne Historical District Guidance for the Princess Anne Commons area. When these guidelines are violated, a precedence is set for future such tall and high density building opportunities. These should not exist within this area of the city. The traffic pattern that has been proposed will certainly cause traffic congestion and danger concerns. Having lived in Princess Anne Crossing for over 20 years, I have seen the traffic increase every year and have known families in the neighborhood that have experienced fatal accidents at the exit from Curry Comb Court to Princess Anne Road. Traffic exiting the project is proposed to have a right turn out only. This presents a hazard to residents exiting the collective neighborhoods of Princess Anne Crossing, Christopher Farms and Courthouse Farms at Curry Comb Court. This intersection has a hazardous history, as stated above, and with the likelihood of residents of the Silas at Southern Pines likely to cut across Princess Anne Road to make a U-turn in order to turn left on Princess Anne Road, we will surely have an increase in traffic accidents. The greatest concern is any additional deaths caused by this traffic pattern. A significant concern is the precedence this project sets for developers to have the ability to sway our Planning Commission and City Council to decide in their favor despite not following established regulations. Naming this project as the second phase of the original Southern Pines community is creating an opportunity for the developer to paint a picture that they are developing within the density requirements and providing Workforce Housing. This project alone, exceeds the density requirements for the size of the property. However, in conjunction with the neighboring property it is closer to meeting the requirements. As for Workforce Housing, I have not seen any evidence that this project will truly meet this need. This is misleading and attempts to circumvent rules to the developers benefit which is inconsistent with fair practices. This is yet another apartment community where the developer will be afforded significant financial gain, as a result of approval without following the rules. highly encourage you all to consider my concerns, and those of my neighbors that are being brought to your attention regarding this project. I am hopeful that you will see through this letter and others why this request for rezoning, variance, and/or modifications should NOT be approved. Sincerely, . _ l 1 Kimberly Koenig Hoa N. Dao From: Pearne, Michael E CDR USN HM 12 (USA) <michael.e.pearne.mil@us.navy.mil> Sent: Monday, October 9, 2023 2:29 PM To: Hoa N. Dao Subject: Silo at Southern Pines Opposition Mr. Hoa N Dao, Good evening. Princess Anne Crossing, a historic and picturesque neighborhood in Virginia Beach, has long been cherished for its serene ambiance and close-knit community. However, the proposed construction of Silo at Southern Pines, a four story apartment complex threatens to disrupt the harmony, character, and safety of this beloved residential area.This letter aims to explore Princess Anne's opposition to the planned development, focusing on the non-compliant height limitation, inaccurate density calculations, zoning ordinance questions, and skewed parking calculations. All of the aforementioned requirements are contained in city ordinance, the Comprehensive Plan, and make it incompatible with the neighborhood's existing fabric. We are NOT against work force housing or strategic growth, if it fits into the existing comprehensive plan. This project is NOT the right development for this location and our District Two representative is asking for more time to study some of the issues mentioned. Why is the Mayor expediting this project? The Height Variation One of the primary concerns raised by Princess Anne residents is the significant height variation between the proposed apartment complex and the surrounding single-family homes.The neighborhood predominantly consists of one- and two-story houses, which contribute to its unique charm and aesthetic appeal. The introduction of multiple four story structures would create an incongruous visual contrast, disrupting the architectural harmony that defines the Princess Anne area. Moreover, the increased height would cast long shadows over future neighboring properties, obstructing natural light and diminishing the quality of life for residents.This deviation from the established height norms not only compromises the neighborhood's visual integrity but also infringes upon the rights of both existing and future homeowners to enjoy their properties unimpeded. Parking Concern Phase two parking doesn't meet city parking ordinance requirements. Numbers used to justify parking the requirement within ordinance limits requires the borrowing of parking from phase one, despite the lack of connective walkways between the two phases. The Density Concern Another significant issue raised by Princess Anne residents is the density implications of the proposed apartment complex. The property is currently zoned for (AG-1/AG-2) to prioritize low-density residential development along the ITA boarder fostering a sense of spaciousness and tranquility. The density calculations 1 utilized for planning commission approval were inaccurate and skewed in the developers favor. The proposed project is to be built on a 6.3 acre parcel, but half of the parcel extends past the ITA boarder to North West. The proposed density is being calculated utilizing the entire parcel, 30 percent Work Force Housing (WFH) benefit, and borrowing density from the phase one project, even though the two phases are not connected. We ask you, please look at the numbers. You should not be allowed to use density calculations from the parcel within the ITA or borrow density from an existing phase one (that is not even connected). The introduction of a four story apartment complex with 176 units will significantly increase population density and lead to overcrowding and straining existing infrastructure. Princess Anne's infrastructure, including roads and public services, is designed to accommodate the needs of a low-density residential area.The sudden influx of residents from the proposed complex would place an undue burden on these resources, potentially leading to traffic flow safety concerns, and a decline in the overall quality of life for existing residents. Zoning Regulations and Neighborhood Character Princess Anne's zoning regulations of this property (AG-1/AG-2) have been carefully crafted to preserve the neighborhood's unique character and protect the interests of the city comprehensive plan and its residents. The proposed four story apartment complex violates these regulations and undermining the principles upon which the city's comprehensive plan was founded. Zoning regulations are essential for maintaining the integrity of rural areas South of the Green Line, ensuring that developments are compatible with the existing fabric of the city comprehensive plan and ITA zone. By disregarding or asking for variations to these regulations, under the umbrella of Work Force Housing, the proposed project threatens to set a dangerous precedent that opens the door for further incompatible zoning variations and developments. Thanks for taking the time to consider current area residents and our concerns. Very Respectfully, Michael Pearne 2 Hoa N. Dao From: Leigh Smit <smitbiz@cox.net> Sent: Monday, October 9, 2023 4:35 PM To: smitbiz@cox.net Subject: Silo at Southern Pines Project, 2737 Princess Anne Road 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. LEIGH LINTON SMIT 2249 Sandalwood Road Virginia Beach VA 23451 RE: Silo at Southern Pines Project, 2737 Princess Anne Road, Virginia Beach VA Being a resident of the City of Virginia Beach in excess of 40 years- I feel strongly that should this project proceed - it will negatively affect all areas regarding growth in the City of Virginia Beach. The proposed density of this project is far higher than the surrounding area and not within the specific guidance nor the intended spirit of the Comprehensive Plan,the Princess Anne Commons guidance or the PA Historical District Guidance. VIOLATING THESE STATUTES AND GUIDANCE WILL SET A PRECEDENCE! The buildings are too tall and take away from the intent of the Princess Anne Corridor leading to the Courthouse area. No residences within 3 miles are this tall (including Spence Crossing). The Developer is requesting both a 4-story variance and a height variance (from 35' up to 55'). THIS SETS A PRECEDENCE! The high noise areas bounded within the ITA and AICUZ 65-70 dB sub-Area 2 are affected by this development. This is not in keeping with BRAC, ITA and AICUZ statutes and guidance. This could eventually impact our Oceana Naval Air Station. THIS SETS A PRECEDENCE FOR OTHER DEVELOPERS. Direct access onto Princess Anne Road is supposed to be forbidden unless there is no other access. CITY TRAFFIC ENGINEERS RECOMMEND AGAINST GRANTING THIS ACCESS. THIS SETS A PRECEDENCE. The location of the right turnout represents a hazard to residents exiting the collective neighborhoods (PA Crossing, Christopher Farms, Courthouse Farms) at Curry Comb Court. THIS INTERSECTION WAS VERY HAZARDOUS PRIOR TO THE WIDENING OF PRINCESS ANNE ROAD! question several specifics of this project- including how the developer does the density calculations (actual density on this parcel of 28.1 units per acre on the entire parcel—higher than that outside the ITA), the parking analysis, and the drainage issues. SETS A PRECEDENCE. It appears all Workforce Housing is being put into "phase 2" of this project—which is NOT IN COMPLIANCE WITH STATUTES. SETS A PRECEDENCE. i The calculations for workforce housing appear to present this project as a standalone project—however the parking analysis and density appear to only include a single project in 2 phases. SETS A PRECEDENCE. The initial Southern Pines Community was not approved based on phase 2 in this location. Combining two separate properties in this manner is misleading and attempts to circumvent rules to the developer's benefit— which is inconsistent with fair practices. SETS A PRECEDENCE. PRECEDENCE SET IS THAT DEVELOPERS CAN VIOLATE ANY GUIDANCE IF THEY INCLUDE WORKFORCE HOUSING. THIS WOULD APPLY ANYWHERE IN THE CITY OF VIRGINIA BEACH. **I STRONGLY OPPOSE THIS SILO AT SOUTHERN PINES PROJECT. THE VIOLATION OF STATUTORY AND PLANNING GUIDANCE FOR THIS PROJECT SETS A PRECEDENCE THAT OTHER DEVELOPERS WILL USE ANYWHERE IN THE CITY OF VIRGINIA BEACH.** Thank you for your time and consideration - I implore you to vote NO to the current Southern Pines Project! Leigh Smit 2 Hoa N. Dao From: Dr. Robert Wicks <wixbob@earthlink.net> Sent: Monday, October 9, 2023 5:03 PM To: Hoa N. Dao Cc: Abarmes@vbgov.com Subject: Opposed 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. Opposed to Silo at Southern Pines. Please distribute to council members Dr. Robert D. Wicks 2820 Gentle Fawn Court Virginia Beach, Va. 23456 i From: Anne Suggs <annesuggs(a)_ymail.com> Sent: Monday, October 9, 2023 4:54 PM To: Planning Administration <PlanAdmn(a)_vbgov.com> Subject: Franklin Johnson Group multi -family housing Proposal on Princess Anne Road 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. Not appropriate to plans and objectives in this area .Multiple objections for many reason.. that you are aware of.Should not receive a stamp of approval....do your job. Sent from my iPhone Hoa N. Dao From: Carolyn Bruno <carolyn.bruno99@gmail.com> Sent: Tuesday, October 10, 2023 10:16 AM To: Hoa N. Dao Subject: OPPOSITION to Silo @ Southern Pines Project, 2327 Princess Anne Rd Follow Up Flag: Follow up Flag Status: Completed 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. Hoa N. Dao, I am a resident of Princess Anne Crossing subdivision. I am OPPOSED to the Silo at Southern Pines Project. My opposition is centered around the increased risks at the intersection in front of our community. Car and pedestrian traffic is currently hazardous.Adding this project will substantially increase risk of accidents&injuries to residents who enter/exit our community. I FIRMLY OPPOSE THIS PROJECT. Carolyn Bruno Resident of Princess Anne Crossings 2304 Country Glen Ct 757-985-6949 1 Hoa N. Dao From: Charles McGrath <chazzomcg@live.com> Sent: Tuesday, October 10, 2023 9:00 AM To: Hoa N. Dao Subject: Objection to Silo at Southern Pines project Follow Up Flag: Follow up Flag Status: Completed 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. 1 live in Christopher Farms phase I and II and strenuously object to the proposed development of apartment complex named Southern Pines. We moved into the area 10 years ago and have followed development in the nearby area.The property south of Princess Anne in that area is supposed to be a much less density, and overall there are just too many variances being requested. Buildings of that height don't fit in, another entrance/exit on the supposedly restricted access on Princess Anne Rd is not logical -especially if the department of transportation recommended against it. It's not safe. People will be cutting across to make a U-turn to go west on Princess Anne. Cutting the number of parking spaces because some people who live there are likely to walking to work or taking public transportation. No-the developers are asking for too much. Resp, Charles McGrath 2004 Split Rail Dr Virginia Beach,VA 23451 i From: Debmelton<debmelton@cox.net> Sent:Tuesday, October 10, 2023 4:54 AM To: Planning Administration<PlanAdmn@vbgov.com> Cc: City of Virginia Beach Mayors Office<mayorsoffice@vbgov.com>; Michael Berlucchi <mberlucc@vbgov.com>; Barbara Henley<BHenlev@vbgov.com>;Worth Remick <WRemick@vbgov.com>;Amelia N. Ross-Hammond<ARossHammond@vbgov.com>;Jennifer V. Rouse <JVRouse@vbgov.com>;Joashua F. Schulman<JSchulman@vbgov.com>; Christopher Taylor <ChTaylor@vbgov.com>; Rosemary C. Wilson<RCWilson@vbgov.com>;Sabrina D. Wooten <swooten@vbgov.com> Subject: REZONING REQUEST FOR SOUTHERN PINES CAUTIUN: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 most heartily urge the Planning Commission to vote NO to the request to rezone the plot of land at 2737 Princess Anne Road from AG-1 and AG-2 to A-18! I would likely vote NO to any attempt to rezone AG property located within the transition/ITA zone but this proposal in particular from the Franklin Johnston GM&D, LLC, is a disaster. This proposal has virtually nothing to recommend it. From its location to the traffic and parking issues and especially to the density, it shouts wrong! I especially laugh at the statement regarding the reduction in the number of parking spaces to wit a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle." Substantial? That is simply not true. And I am aware this proposal is being considered at the same time as the proposal to allow the medical manufacturing concern to build in a nearly adjacent area and the state's urging to move the Agricultural Research and Extension Center here from its current location on Diamond Springs Road as well as new development on the former West Neck golf course land. Put the Brakes On! And live up to your promises to preserve the integrity of the rural and agricultural nature of these properties. Sincerely, Debra N. Melton 1493 Princess Anne Rd Virginia Beach, VA From: Diana<d1tapper99@aol.com> Sent: Monday,October 9, 2023 8:40 PM To: Planning Administration<PlanAdmn@vbgov.com>; Naomi Estaris<nestaris@vbgov.com>;Michael Clemons<miclemon@vbgov.com>; Kathryn Byler<kbyler@vbgov.com>;George Alcaraz <gea Ica ra@vbgov.com>; Bryan Plumlee<bplumlee@vbgov.com>;Susan B. Hippen <shippen@vbgov.com>; Holly Cuellar<hcuellar@vbgov.com>;John H. Coston <jhcoston@vbgov.com>; William Parks<wparks@vbgov.com>;dhHorsely@vbgov.com Cc: Diana<dltapper99@aol.com> Subject: Request to"Not Recommend" Items 2, 3, and 4 on the October 11th Agenda CAUT101: 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. Items 2,3, U Franklin Johnston Group Management & Development, LLC (Applicant) Addie S. Vandemel Revocable Trust & et al, William E. & Phyllis H. Sawyer, Keelingwood Apartments, LLC (Property Owners) Conditional Rezoning (AG-1 & AG-2 Agricultural Districts to Conditional A-18 Apartment District w/Workforce Housing Overlay District) Dear Members of the Planning Commission, This application continues to evolve day by day, with changes that ignore both procedure and the intent of numerous city planning documents, including the Comprehensive Plan, the Princess Anne Corridor Study, the ITA and vicinity Master Plan, and elements of the zoning ordinance. There is no legitimate rationale behind the density calculation. The applicant presumes to include the ITA restricted land (1 unit/ 15 acres) in the calculation as if it were buildable. The remaining acreage (roughly 3 acres) is south of the Green Line and in what was always intended to be Transition Area (maximum 1 unit/acre). It is absolutely preposterous that the applicant expects to be awarded a 176 unit apartment complex that defies a laundry list of requirements, regulations, and design guidelines simply because they would like to 'look back' and suggest this was or is part of the their previous development at Southern Pines. A recommendation for approval will open the floodgates to every developer in town to revisit previously agreed upon zoning changes, developments and proffers, in an effort to manipulate how we calculate density on future projects years down the road. There is a significant misrepresentation that the developer has engaged with nearby neighborhoods. Instead of rushing this application through, you might want to consider a thorough examination of the consequences of enabling this ridiculous density request of 176 units on 3 acres, and you might want to consider how many citizens are asking you to do a better review of this application. The Planning Commission and City Council are treading on very dangerous ground, exposing the City to the unintended establishment of new precedents that defy the objective of Planning. At a minimum, I implore of you to defer this application, but honestly, I think you really need to look at the trajectory of the misrepresentations along the way and ask yourself why this is being expedited, and why the City would want to make an active choice to discredit rules, planning objectives and city wide expectations for any one developer or applicant. Thank you for your time, Diana Hicks Resident of Virginia Beach 757.641.3900 From: Marti Heller<mrhmbh@yahoo.com> Sent: Monday,October 9,2023 7:31 PM To: ECCS 311 Citizen Services<VB311@vbgov.com> Subject: Planning Commission 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. Say"NO"to the proposed Franklin Johnston apartments on Princess Anne Rd. Thank you, M Heller Sent from my Whone Hoa N. Dao From: James Blohm <jimblohm@icloud.com> Sent: Monday, October 9, 2023 11:11 PM To: Hoa N. Dao Subject: Opposed to Silo at Southern Pines project Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Evaluation Coordinator,Mr.Hoa N.Dao, I am opposed to the housing proposed as Silo at Southern Pines. I am generally in favor of affordable workforce housing, but this is an ill conceived project that violates existing statutes and guidance for Virginia Beach.Specifically, I am concerned about the housing density,the poorly laid out parking,the proposed 4 story variance and the 55 foot height variance of the buildings,the ITA proximity,and especially the direct access onto Princess Anne Road.These concerns set new precedents for Virginia Beach. In addition,the more we develop in this area,the greater the threat of flooding,which is more and more a concern with the increased intensity of storms. The theme song for over development is Joni Mitchell's song, Big Yellow Taxi where,"...They Paved Paradise put up a parking lot" Please count me as a "no"on this project. Sincerely, James Blohm 3431 Robins Nest Arch, Virginia Beach Va 23456 1 Hoa N. Dao From: Kathy Wyatt <kwyatt@rwtowne.com> Sent: Monday, October 9, 2023 10:02 PM To: Hoa N. Dao Subject: No to Silo! Follow Up Flag: Follow up Flag Status: Flagged CAUTIORi 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 have looked at the proposed workforce living plan for the property just north of the intersection of Princess Anne and Nimmo Roads, there are many reasons why this is NOT a good fit for this area. I ask that you vote "NO" on this proposal! I would be glad to send you my concerns upon your request. Thank you for your time. Warm Regards, Kathy Wyatt, GRI, ABR, SRES, REALTOR®, Associate Broker Licensed to sell and list in VA#0225133447 & NC 105634. a Circle of Excellence Bronze Award 2022 Coastal Virginia Magazine Best of Readers'Choice 2017 Silver Award Your housing needs are my specialty. Buying or Selling? Visit my website for information and references: http://www.kathV-wyatt.com Cell Phone: 757-621-7826 Lynnhaven Office: 757-486-8800 Personal Fax: 757-390-3721 123 S. Lynnhaven Road Virginia Beach, VA 23452 This message may contain confidential and/or proprietary information,and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. 1 Hoa N. Dao From: Freight Logistics <freightlogistics3@yahoo.com> Sent: Monday, October 9, 2023 9:17 PM To: Hoa N. Dao Subject: Fw: Please forward to the Planning Commission Members Follow Up Flag: Follow up Flag Status: Flagged r UTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you cognize the sender and know the content is safe. Dear Members of the Planning Commission, I am writing to oppose the approval of the Southern Pines Silo apartment complex and respectfully ask that you carefully consider the details and ramifications of this development. I support affordable and workforce housing. However, I understand there is not contractual agreement that the developer will provide it on a long term basis. I also understand that the minimum income to qualify for this housing is$60,000 a year. According to VB Public Schools, teachers make less than this for the first 7 years of teachers. Starting salaries for firefighters is under$50,000. Our law enforcement officers start at$53,353. None of our valuable city work force will qualify for this housing. I am also concerned about the entrance on Princess Anne Road and the dangers this presents when the residents pull in and out of the complex. I hope if this project is approved, there will not be an entrance on Princess Anne Road. I am concerned about the precedent this violation of the Comprehensive Plan will set for the city as a whole. Why trust the Planning Commission or the City Council if we have a Comprehensive Plan that the city does not follow. Lastly, I am worried about the impact this development will have on the future of Oceana. Perhaps an Oceana civilian staff person like Mr. John Lauterbach is not the best speaker for the DOD. Does the DOD and the BRAC reviewers even know about this development's proximity to the ITA. Time is needed to vet all the details of this project. Please slow it down and do not let the mayor's zeal for the development get pushed through your committee without careful study. Respectfully, David Haplea 2725 Christopher Farms Drive Sent from fJiaii for Windows 1 Hoa N. Dao From: George Moore <gmoore.eng7@yahoo.com> Sent: Monday, October 9, 2023 9:07 PM To: Hoa N. Dao Subject: Opposition to the Silo at Southern Pines Project Follow Up Flag: Follow up Flag Status: Flagged 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. Dao, I would like to formally express my opposition to the Silo at Southern Pines project which is coming up for approval with the Planning Commission and City Council. I live in the vicinity of the project and am very concerned about the impacts it will have on the Christopher Farms, Princess Anne Crossing, and Courthouse areas. With 21 years experience in the Fire Service, I am familiar to the tactic of using civil servants as a talking point as a way to garner support for agendas. However, any experienced firefighter will tell you the logistical problems that a 4-story, wood frame, multi-resident apartment building presents for us if an incident were to occur in such a building. So I feel that proclaiming this project as "Workforce Housing" and will benefit firefighters is disingenuous. I also feel that the Silo development could be detrimental for this area and set a precarious precedent for the whole city. Another concern that appears to have been ignored is the effect that this may have on the Oceana Naval Air Station. I have lived here long enough to remember the panic that set in when the U.S. Navy considered moving the Naval Air Station out of Hampton Roads due to City leaders at the time disregarding the effects that construction in the areas surrounding the station would have. This project gives the impression that the appeasement of favored developers is far more important than our military, which is shortsighted to say the least. Unfortunately, the appearance of cutting corners and ignoring normal protocols is apparent in this situation. Listed below are just a few more irregularities that have become evident with this proposed project. Please consider the following: • The development is much higher density than the surrounding areas and not within the guidance of the Comprehensive Plan, Princess Anne Commons guidance, or the PA Historical District Guidance.This sets a precedence. • The buildings proposed are too tall for the area. No residences within 3 miles (including Spence Crossing) are this tall. This will also set a precedent. • The City Traffic Engineers recommend against granting the direct access onto Princess Anne Road.This area of Princess Anne already has very heavy traffic at certain times of the day. • The location of the right turnout represents a hazard to residents exiting adjoining neighborhoods at Curry Comb Court. • There are questions on several specifics relating to density calculations, the parking analysis, and drainage issues. i • It appears that all Workforce Housing is being put into "phase 2" which is not in compliance with statutes. • The calculations for Workforce Housing appear as if they are for a standalone project, but the parking and density analysis appear to only include a single project in 2 phases. This sets a precedence that developers can violate any guidance if they include Workforce Housing. Thank you for your time and consideration, George Moore 2588 Cantwell Rd Virginia Beach, VA 23453 2 Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:39 PM To: Naomi Estaris Cc: Hoa N. Dao Subject: Silos at Southern Pines - Opposition CAUllorY 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 Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday,October 9, 2023 8:38 PM To: Michael Clemons Cc: Hoa N. Dao Subject: Silos at Southern Pines - Opposition 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 Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9,2023 8:38 PM To: Michael Anderson Cc: Hoa N. Dao Subject: Silos at Southern Pines -Opposition L AUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you cognize the sender and know the content is safe. Dear Sir/Madam: write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:38 PM To: Kathryn Byler Cc: Hoa N. Dao Subject: Silos at Southern - Opposition CAUTICIN 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 Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:37 PM To: George Alcaraz Cc: Hoa N. Dao Subject: Silos at Southern Pines = Opposition CAUYION 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 Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:37 PM To: Bryan Plumlee Cc: Hoa N. Dao Subject: Silos at Southern Pines - Opposition 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 Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:36 PM To: Susan B. Hippen Cc: Hoa N. Dao Subject: Silos at Southern Pines = Opposition [_Cfi�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. Dear Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:36 PM To: Holly Cuellar Cc: Hoa N. Dao Subject: Silos at Southern Pines - Opposition 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 Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:35 PM To: John H. Coston Cc: Hoa N. Dao Subject: Silos at Southern Pines - Opposition Lre AUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you cognize the sender and know the content is safe. Dear Sir/Madam: I write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9,2023 8:35 PM To: William Parks Cc: Hoa N. Dao Subject: Silos at Southern Pines = Opposition 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 Sir/Madam: write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident i Hoa N. Dao From: tflindemannpost@aol.com Sent: Monday, October 9, 2023 8:34 PM To: dhhorsley@vbgov.com Cc: Hoa N. Dao Subject: Silos at Southern Pines =Opposition F UTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you ognize the sender and know the content is safe. Dear Sir/Madam: write to record my strong opposition to the Silos at Southern Pines project and to request that you defer this project in order to first clarify zoning-related issues. The method by which the density calculation was made for this project, in and of itself, has broad, precedent-setting, legal ramifications for the entire city. Given these ramifications, it is incomprehensible to me that the Mayor and other Council Members are fast-tracking this project to the Planning Commission. I am dismayed that the Mayor and some Council Members are not more sensitive to the potential appearance of impropriety that this extraordinary intervention could create, in light of the significant political campaign contributions that the Mayor and some Council Members have received from the applicant Franklin Johnston Group, and how such an appearance of impropriety could only distract from the objective consideration of the Silos at Southern Pines project by all concerned. Thank you for your service on the Planning Commission and for your consideration of public views. Timothy F. Lindemann Virginia Beach Resident Hoa N. Dao From: Susan Jubilee <Susanlubilee@teamjubilee.com> Sent: Monday, October 9, 2023 8:28 PM To: Hoa N. Dao Subject: No to the apartment complex on PA Road and Curry Comb Follow Up Flag: Follow up Flag Status: Flagged 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, please hear that I am a Virginia Beach resident. I oppose the plan to build an apartment complex on PA Road near Curry Comb. This location could put Ocean in jeopardy of being too high risk the next BRAC review. This region would collapse without Oceana. I went through this in Victorville when an Air Force base closed many years ago. Market value collapsed, businesses shuttered and left. Victorville area was a ghost town for a very,very long time. It has finally, 30 years later come back. Don't take any chances with the stability and prosperity of Virginia Beach. Please put the apartment complete somewhere else. Susan Jubilee 757-438-3711 900 Lake Destiny Court Virginia Beach,VA 23464 Hoa N. Dao From: courtney etzelmiller <courtetz@hotmail.com> Sent: Monday, October 9, 2023 7:31 PM To: Hoa N. Dao Subject: The Silo at Southern Pines Project Follow Up Flag: Follow up Flag Status: Flagged CAt; 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. Dao, I would like to formally voice my opposition to the Silo at Southern Pines project which is coming up for approval with the Planning Commission and City Council. I live in the vicinity of the project and am very concerned about the impacts it will have on the Christopher Farms, Princess Anne Crossing, and Courthouse areas. My husband and I commute to our public service jobs in Norfolk(myself as a Forensic Scientist at the state lab and him as a Fire Captain), and after living in the high-density areas of downtown Norfolk and Town Center VB we specifically chose to move to this area near the courthouse because of the single-family home communities and rural feel.The Silo development could be detrimental for this area and set a precedent for the whole city. Please consider the following: • The development is much higher density than the surrounding areas and not within the guidance of the Comprehensive Plan, Princess Anne Commons guidance, or the PA Historical District Guidance. This sets a precedence. • The buildings proposed are too tall for the area. No residences within 3 miles (including Spence Crossing) are this tall. This will also set a precedent. • The City Traffic Engineers recommend against granting the direct access onto Princess Anne Road.This area of Princess Anne already has very heavy traffic at certain times of the day. • The location of the right turnout represents a hazard to residents exiting adjoining neighborhoods at Curry Comb Court. • There are questions on several specifics relating to density calculations, the parking analysis, and drainage issues. • It appears that all Workforce Housing is being put into "phase 2" which is not in compliance with statutes. • The calculations for Workforce Housing appear as if they are for a standalone project, but the parking and density analysis appear to only include a single project in 2 phases. This sets a precedence that developers can violate any guidance if they include Workforce Housing. Thank you for your time and consideration, Courtney Etzelmiller 2588 Cantwell Rd Virginia Beach, VA 23453 i Hoa N. Dao From: BRIAN YORK <yorkfamilyvb@verizon.net> Sent: Monday, October 9, 2023 5:49 PM To: Hoa N. Dao Cc: Naomi Estaris; Michael Clemons; Michael Anderson; Kathryn Byler; George Alcaraz; Bryan Plumlee; Susan B. Hippen; Holly Cuellar;John H. Coston; William Parks; dhHorsely@vbgov.com Subject: Silo at Southern Pines Project Follow Up Flag: Follow up Flag Status: Flagged 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 would like to formally voice my objection to the above project (as presented) which is coming up for approval with the City Council and the Planning Commision. I live in the nearby vicinity of the proposed project in the Princess Anne Crossings development and am very concerned regarding the impact this project will have on the Princess Anne Crossing and Courthouse areas. The developer appears to be seeking approval for variances that will have detrimental impact to the area and set precedents for the whole city. Please consider the following: • Density is for higher than the surrounding areas and not within the specific guidance nor the intended spirit of the Comprehensive Plan, the Princess Anne Commons guidance or the PA Historical District Guidance. Violating these statutes and guidance not only has an immediate impact on this area but also sets a precedent for the city. SETS A PRECEDENCE. • Buildings proposed are too tall and take away from the intent of the Princess Anne Corridor leading to the Courthouse area. No residences within 3 miles are this tall (including Spence Crossing). Developer is requesting both 4 story variance and height variance (from 35 up to 55 feet). This will also set a precedent. SETS A PRECEDENCE. • Direct access onto Princess Anne Road is supposed to be forbidden unless there is no other access. The City Traffic Engineers recommend against granting this access. SETS A PRECEDENCE. • The location of the right turnout represents a hazard to residents exiting adjoining neighborhoods (PA Crossing, Christopher Farms, Courthouse Farms) at Curry Comb Court. The traffic at this intersection would become unmanageable and hazardous. • There are some questions on several specifics of this project including how the developer does the density calculations, (actual density on this parcel i of 28.1 units per acre on the entire parcel, higher than that outside the ITA), the parking analysis, and drainage issues. SETS A PRECENDENCE. • It appears that all Workforce Housing is being put into "phase 2" of this project which is not in compliance with statutes. • The calculations for Workforce Housing appear as if this is a standalone project, but the parking analysis and density appear to only include a single project in 2 phases. SETS A PRECENDENCE. • Precedents will be set that developers can violate any guidance if they include Workforce Housing. Applies anywhere in the city. Thank you for your consideration, Brian and Tiffany York 2652 Cantwell Rd Virginia Beach, VA 23453 2 Hoa N. Dao From: ELEANOR MASSIE <emassie4@aol.com> Sent: Monday, October 9, 2023 5:31 PM To: Hoa N. Dao Subject: Silo at Southern Pines Project Follow Up Flag: Follow up Flag Status: Flagged 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. Dao, would like to go on the record as opposing the housing proposed as Silo at Southern Pines. I am generally in favor of affordable workforce housing and try not to be a NIMBY, but this is an ill conceived project that sets undesirable/dangerous precedences for Virginia Beach. I am concerned about the housing density, the poorly laid out parking, the height of the buildings, the ITA proximity, and especially the direct access onto Princess Anne Road. In addition, the more we develop in this area, the more the threat of flooding, which is more and more a concern with the increased intensity of storms. Please count me as a "no" on this project. Sincerely, Eleanor Massie 2956 Elegance Lane Virginia Beach, VA 23456 i Hoa N. Dao From: Randee Lloyd <randeebrooke14@gmail.com> Sent: Tuesday, October 10, 2023 10:S9 AM To: Hoa N. Dao Subject: Silo at Southern Pines opposition Follow Up Flag: Follow up Flag Status: Flagged 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, I am a Virginia Beach resident and homeowner in the Christopher Farms neighborhood and I am writing to express my opposition to the Silo at Southern Pines. The proposed housing will cause disturbances to our community, specifically an increase in cut-through traffic through our neighborhood, leading to safety issues for residents and their children. Thank you for your consideration and have a wonderful day. Best Regards, Randee Barbosa (757)408-0576 Sent from my iPhone Hoa N. No From: J &G McDonald <jmcdonald30@cox.net> Sent: Tuesday, October 10, 2023 11:12 AM To: Hoa N. Dao; Marchelle L. Coleman; Michaela D. Mckinney; Madison Byrd Harris Eichholz Subject: Proposed Rezoning for the Franklin Johnston Group Management & Development, LLC r ON:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you ize the sender and know the content is safe. Members of the Virginia Beach Planning Commission: My wife and I are opposed to the proposed rezoning request of the Franklin Johnston Management & Development, LLC, to change existing zoning from AG-1 and AG-2 to A-18 to allow said company to build 176 units on 6.26 acres adjacent to Princess Anne Road. We strongly hope that Planning Commission members will not go forward with recommending approval for this project. Please consider the following at this Wednesday's meeting: a. The city is under no obligation to the developer to waive the maximum density for A-18 zoning from 18 units/acre to 18.94 units/acre even if workforce housing is included in the development. Relaxing the maximum density for A-18 zoning sets precedence for future projects to request the same or greater maximum density which puts the city in a position to no longer be able to enforce the current maximum density requirement for A-18 zoning. b. The city is under no obligation to the developer to waive the typical 741 parking spaces required for a project this size to 724 spaces based upon an opinion that a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle." That statement fails to recognize that there are many places to shop, work, recreate, and visit in Virginia Beach requiring private transportation beyond the half mile radius of the proposed development. It also fails to consider adverse weather conditions and possible physical limitations of patrons living in the development that would discourage patrons from walking within the half mile radius. c. The city is under no obligation to the developer to support any access to the proposed 176 apartment units from Princess Anne Road. The city has already provided access to the overall property via George Wythe Drive. Adhere to the Princess Anne Corridor Study that was done in 2009. Princess Anne Road should remain an "Access Controlled" road so traffic flow is not affected around this proposed development. Relaxing this objective sets precedence for future similar projects to request access to Princess Anne Road as well. d. The city is under no obligation to expedite this application. Most of the better ways to notify the public only began on September 27, 2023. There are dates stated in the Public Outreach 1 section of the Planning Commission Report that either just occurred (October 10, 2023) or haven't occurred yet (October 13, 2023). This gives concerned citizens little time to consider and respond to the report. Thank you for taking the time to consider our input. Sincerely, Jerry and Geraldine McDonald 2524 Greystone Street Virginia Beach, VA 23456 z From:Caroline Kent<r arolinekent3@icloud.com> Date:October 10,2023 at 11:43:46 EDT To: mayorsoffice@vbgov.com Subject: Franklin Johnston Development/Princess Anne Rd Good morning, I strictly&vehemently oppose the proposed site for development of multi dwelling apartments. Leave the green space alone. It is in direct violation of the BRAC decision of 2005&will jeopardize/encourage the Navy to relocate to Fla!I I From: Paul Limauro<Ilimauro@cox.net> Sent:Tuesday, October 10, 2023 11:46 AM To: Planning Administration<PlanAdmn@vbgov.com> Subject: Fwd: Silo at Southern Pines CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioner, I am very concerned about the proposed development (Silo at Southern Pines). I see the approval of this project would require many changes to zoning rules, laws, and existing practices. Most concerning is the speed in which this is being pushed through your committee and City Council vote. If these proposals by the developer are approved I believe it would set a precedent that would change the cities entire area that are currently protected by many of the rules this developer wants changed, example Density, building heights, and the ability to move one developments unused construction to another. I don't understand the rush to push this developers application through with unheard of speed. Please don't let pressure push you into making a mistake that will adversely affect the city for years to come. Vote no, or at least vote to slow the process so more thought can be given to all aspects of this request, not just it's affect on this one area. Sincerely, Paul & Linda Limauro From: Larry Walker <Igwalker23456(a-)_gmail.com> Sent: Tuesday, October 10, 2023 10:29 AM To: Planning Administration <PlanAdmn(a�vbgov_.com> Subject: The Silo at Southern Pine Proposal 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 Sirs, I am against the planned development of The Silo at Southern Pine apartments, that will be discussed this Wednesday, 11 October 2023. The reasons are: - What precedent will the City be establishing is it were to approve a high density residential development south of the Green Line and would such action be stating that the City's long-standing prohibitions for such actions are hereby null and void. - I understand the local US Navy person the Planning Commission interacted with basically passed the decision back onto the City for any encroachment this development may have into the Inter-Facility area. Has the City considered future BRAC decisions that may be based upon decisions made by the City now and that may threaten the future of NAS Oceana. The loss of Oceana to the City and to our Hampton Roads area would be devastating. - The issue of Workforce Housing seems to be a key buzzword this development proposal is based upon. What value will the City realize from 35 to 50 WorkForce Housing apartments "promised" by the developer when the whole situation is balanced against the risk being taken by the City regarding the Green Line and NAS Oceana issues. I respectfully request you deny this proposal as it is not in the best interests of our City residents overall. Thank you, Larry Walker 2500 Calumet Drive Virginia Beach, VA 23456 (757) 407-1332 Dear Mr. Dao We are writing to register our opposition to the project "Silo at Southern Pines" at 2737 Princess Anne Road. In particular, we oppose most of the variances requested. Granting all of these variances creates a precedence that will be applied by developers throughout the city to circumvent planning and zoning statutes and guidance. This site falls within the ITA, the Princess Anne Corridor and (according to the currently published map on the Virginia Beach Website), the Historic Princess Anne Center. There are planning guidance and statutes for each of these areas plus the City's Comprehensive Plan which will all be violated by this project. We support progress and development. We support offering Workforce Housing (WH). We support the increased density variance offered to a developer they offer Workforce Housing. However, WH is NOT intended and the statutes and existing city development guidance does not allow for or provide, numerous other variances. The ONLY thing WH is supposed to offer a developer is increased density of up to 30%, if the developer offers at least 17% WH. City code section 107(i) states: • "The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirement and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan." This project is in direct conflict with the Comprehensive Plan, the Historic Princess Anne Center Guidance, the Princess Anne Corridor guidance and likely conflicts with ITA requirements. Problems with this project: • The developer is asking for a height variance from designated A-18 of 35 feet, up to 55 feet. WH does not provide for this variance and does not justify increased height. This will create a precedence that other developers will use throughout the city. This increased height DOES create a detrimental effect on us and other surrounding properties. • The developer is asking for a variance from the required maximum of 3 story structures up to 4 stories. Such structures would be similar to the project just down Princess Anne Road, titled "The Enclave at Courthouse Landing" which was held to 3 stories and 35 feet. This will create a precedence. This increased maximum number of stories DOES create a detrimental effect on us and other surrounding properties. • The developer is asking for a variance for direct access to Princess Anne Road. The city traffic engineers have recommended against granting this. It will create a dangerous intersection with the traffic exiting existing neighborhoods from Curry Comb Court. The developer stated in the original Southern Pines proposals that adequate access was available on either side of the current Harris Teeter shopping center. This will create a precedence. This direct access to Princess Anne Road DOES create a detrimental effect on us and other surrounding properties including the dangerous intersection. • The initial Southern Pines Community proposed in 2014 was not approved based on phase II in this location. Combining two separate properties in this manner is misleading and attempts to circumvent rules to the developer's benefit, which is inconsistent with fair practices. This will create a precedence. • The specifics of the WH are questionable. The developer claims they will provide 52 WH units and claims this is 30% of the development. For parking and other calculations, they say this is phase 2 of a 416-unit single development done in 2 phases. If this is a single development then 52 units only constitutes 13% of the total units and does NOT meet the minimum WH requirements of 17%. If it is a separate project, then how is the developer able to "transfer" unused density from phase 1 to phase 2 of this single project? The actual density created on this 6.26 acre plot will be 28.1 units per acre, even if the entire plot is considered in the density calculations (see below). This is far in excess of the extra 30% under WH rules. WH rules should only allow for 146 total units to be built on this 6.26 acre parcel. This will create a precedence. This extreme density DOES create a detrimental effect on us and other surrounding properties. • This project does not meet the offsets required or requested by the Planning Commission when it was first approved. This will create a precedence. This lack of proper offset DOES create a detrimental effect on us and other surrounding properties. • According to city Planning Staff, this is a new project and NOT a revision of the project that the Planning Commission considered in August. The timeline required for Planning Commission approval shows this project was supposed to be submitted by August 1 st 2023 with all final revisions by August 31. We have direct documentations from planning staff that as of September 5, the plans hadn't been submitted as of the end of September the details revisions weren't submitted. There are no provisions in statues or guidance for fast tracking projects. How is this project allowed to be fast tracked by the city planning staff? • The District 2 Council Member has asked for time to create a study on projects straddling ITA lines. Only District 2 is affected by this problem. The precedence for wetlands contained in city code is that the unusable portion of a plot of land CANNOT be considered for density calculations. Why should this, the first project proposed that straddles an ITA line be treated differently? Why can't we allow time for this study and rulings from the City Attorney be permitted? • According to the map on the city planning website this property falls within the Historic Princess Anne Center. Some people have said it does not. But on the map it clearly does.As such, the exteriors should meet the required appearances of other buildings within this area.An existing precedence is "The Enclave at Courthouse Landing", which has primary brick exteriors where they can be seen from outside the development. Offering a variance on this will create a precedence. This variance DOES create a detrimental effect on us and other surrounding properties. • This project does not meet open space and greenspace requirements contained in the city's Comprehensive Plan. WH does not allow such variances. Lack of open space will create a precedence. This variance DOES create a detrimental effect on us and other surrounding properties. Thank you. Mark D. Lane Michele Partridge-Lane 757-779-4720 2320 Country Glen Ct. Virginia Beach, VA 23453 From: Bud Kurash<budku rash @yahoo.com> Sent:Tuesday,October 10, 2023 1:52 PM To: ECCS 311 Citizen Services<VB311@vbgov.com> Subject: Planning commission 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. This is to voice our objections to the proposed building of the Franklin Johnston apartments Thankyou Bernard and Jean Kurash Sent from my Whone From: corvette-2@cox.net<corvette-2@cox.net> Sent:Tuesday,October 10, 2023 1:09 PM To: Planning Administration<PlanAdmn@vbgov.com> Subject: Request to not approve the Franklin Johnston development proposal to rezone agricultural districts. 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 Members This short note is being sent to you as a request to deny the developers request. The rural mostly agricultural areas commonly referred to as"Pungo" constitute a unique,special and beautiful section of our city for the current and future use and enjoyment of the citizens. Once violated it can never be replaced or replicated. It's natural and beneficial value that contributes to reducing flooding and climate issues is becoming more important every year. As you know, if the developers proposal is approved the existing"green line" protection zones will forever be destroyed and the acreage will gradually be covered by homes,commercial operations, asphalt and roadways. You just must not allow this to occur. At the very least, move it to further study. The Mayor is rushing this through the decision process because he cares only about development and obviously intends to support the developer for the$5,000 they donated to his election campaign; a fact well know by the citizens. Shameful and dishonorable. Please do not allow this rushed proposal attempt be approved. Respectfully, Dale Merkey Sent from Mail for Windows From:Yahoo Mail! <dixie.moore@verizon.net> Sent:Tuesday, October 10, 2023 12:59 PM To: Planning Administration<PlanAdmn@vbgov.com> Subject: Franklin Johnson Project on Princess Anne Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission Members I am writing to voice my concerns about the proposed Franklin-Johnson Apartment Project on Princess Anne Road in District 2. This project will put 176 apartment units on just 3 acres of fragile agricultural and wet land that is located below the Green Line in the Transitional Area. The density of this project will far exceed the Comprehensive Plan for this area and will set a very dangerous precedent for not only District 2 but the City as a whole. The City of Virginia Beach has spent many hours and much money to study the concerns of mitigating flooding and protecting fragile wet lands and precious agricultural land. The citizens of Virginia Beach have given countless hours going to meeting and sharing their views to help solve these issues and to develop a Comprehensive Plan for the City. It is a slap in the face to these concerned citizens when the formulated plans are simply thrown aside and rampant development is allowed in these sensitive areas. Thank you for allowing me to voice my concerns over this Project and I hope that you will deny this application. Respectfully Margaret H. Moore 2378 Princess Anne Road Virginia Beach, Virginia Hoa N. Dao From: Donn Lee <donnlee@ccumc.net> Sent: Tuesday, October 10,2023 1:55 PM To: Kaitlen S. Alcock; Hoa N. Dao Subject: Silo@Southern Pines CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, I am writing in opposition to the Silo project. While the proposal itself looks fine in design, it is wrong for the site. Here are my concerns: *The density is not compatible with the Comprehensive Plan. Moreover,the applicant's attempt to transfer(unused) development credits from their current property is not allowed as a means to increase density at the Silo. *Against the advice of the city's own traffic engineer regarding the limited access nature of Princess Anne Road, a right in, right out access was accepted. The suggested alternative of a emergency access was rejected. *The U-turns the road access will require for those heading away from the Courthouse is very dangerous-our church has much less traffic and has almost daily close calls,several accidents, and one fatality. *The most recent revision that tries to accommodate the AICUZ boundary by shifting all buildings to the 3 acre portion outside the boundary does not meet the intent of the law. *The four story buildings proposed do not meet the intent of the PA corridor,even with one building reduced to 3 stories, particularly with a height variance request to 55 feet for the four story buildings. The biggest problem is the many precedents that this project will set by violating these statutes. You need look no further than the Royal Farm project down Princess Anne at Nimmo church. By allowing the 7-11 to have gas pumps,the city could not say no to the Royal Farm project against significant opposition from the public. At the very least,this project should be deferred and allow staff to work out planning issues so these types of projects,wherever in the city, will have unambiguous guidelines. Buryningwood Farms,just around the corner,will not stay a horse farm forever. To allow this project because it offers workforce housing should NOT allow all these issues to be ignored. Besides, it is my understanding that the applicant could at any time withdraw or not even build in the first place the(up to) 50 units, and the city has no control over it. The city does not have the staff to monitor the one dangling carrot that looks like those in a positions of approval want. It is not worth the cost. Thanks for your service to the city, and I hope this project finds a better home than the current proposal. Donn Lee Business Manager,Courthouse Community UMC 2708 Princess Anne Road Virginia Beach,VA. 23456 Office (757)427-3272 Mobile (757) 288-9837 http://www.courthousecommunityumc.org 1 courthousecommunity �hi'EC METHODIST CHURCH Z rlA B>�y ��4c,?G `� :�_ ��� City of Virgi_riia 13e�tch `1. .OUR AGRICULTURAL ADVISORY COMMISSION MUNICIPAL CENTER (757}385-5775 BUILDING 14 FAX(757)385-55841TDD(757)385-4305 2449PRNCESSANNERQu VIRGINIA BEACH,VIRGINIA 23456 October 10, 2023 Mr. George Alcaraz, Chair Members of Virginia Beach Planning Commission Subject: Conditional Rezoning Application in Transition Area— Sawyer Farm (Portions of 2737 Princess Anne Road and adjacent parcel) to be heard by Planning Commission on October 11, 2023. Dear Members of Virginia Beach Planning Commission, The Agricultural Advisory Commission voted unanimously to oppose the proposed plan by Franklin Johnston Group to change zoning from AG-1 to A-18 on the property(Sawyer Farm)that lies within the ITA and the AICUZ at the quarterly meeting that was held on October 9, 2023. Based on information provided, we strongly oppose the conditional rezoning application for the following reasons: • First and foremost, the property is below the Greenline which was created to promote agricultural uses according to city policy and to limit development that would strain stormwater management along with other infrastructure services. • The plan to"transfer"the density rights to increase development units from the half of the property within the ITA to the half of the property not within the ITA, should not be allowed since residential density transfers are prohibited to our knowledge in all city polices. Transferring rights within the ITA to other portions of this property, or from other projects would not be a precedent the city would want to set. • The amount of density proposed is far more than the requested 18 units per acre with A-18 zoning and exceeds recommendations for this area. • Portions of this property are in an AICUZ area designated as 65-70 dB DNL, which limits residential usage. It is being requested for the entire property to be rezoned A-18 which violates the BRAC agreement the city has with the Department of Defense. • This plan also has no open space and the Transition Area Guidelines and Princess Anne Corridor Study (PAC) both require this. • This plan is being presented as Phase 2 of an original development plan from 2014 that involved another property. The stormwater drainage requirements from 2014 to 2023 have drastically changed to address critical flooding and stormwater mitigation. We have Mr. George Alcaraz, Chair Members of Virginia Beach Planning Commission October 10, 2023 Page 2of2 Subject: Conditional Rezoning Application in Transition Area — Sawyer Farm (Portions of 2737 Princess Anne Road and adjacent parcel) to be heard by Planning Commission on October 11, 2023. concerns of the proposed project using the drainage system from the 2014 project because of the capacity and change in regulations. We also feel developing this land without stormwater management onsite will severely impact the Southern Watershed. Ignoring these important considerations such as the Greenline, ITA, AICUZ, density restrictions, questionable transfer of develop rights, and storm water management, sets dangerous precedents for our city. We have major concerns about unintended consequences and impacts of this project. For these reasons, we strongly oppose and urge you to deny this application. Respectfully, c William "Billy" Vaughan Acting Chair wv/jd c: The Honorable Mayor Robert M. Dyer Members of City Council Patrick A. Duhaney, City Manager David E. Trimmer, Director, Department of Agriculture Amanda Barnes, City Clerk Hoa N. Dao From: Janet Zimmerman <kid3cats@yahoo.com> Sent: Tuesday, October 10, 2023 3:00 PM To: City Council; Hoa N. Dao Subject: Opposition to the Silo Project/Franklin-Johnston Development on Princess Anne Road 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 Virginia Beach City Council Members, We have concerns regarding the above proposed project. First and foremost, the area is not zoned for 4-story buildings. A zoning variance would set precedence for other future new construction in the area. Additionally, the limited parking would cause problems for the areas surrounding the apartment complex and create a problem with traffic flow. In addition, this would burden the school systems in the area. Please re-evaluate the application which, also, should not be rushed through the system in haste. Sincerely, Janet Zimmerman and Vincent Heivilin 2012 Red Rooster Ct. Virginia Beach, VA 23453 Virus-free.www.avg.com 1 CITY OF ACTIVE TRANSPORTATION ADVISORY COMMITTEE VIRGINIA BEACH Parks and Recreation Administration Building 2154 Landstown Road I Virginia Beach,VA 23456 October 10, 2023 Chair George Alcaraz and Members of the Planning Commission City of Virginia Beach Municipal Center Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Public Safety of Pedestrians, Bicyclists and Vulnerable Users of Existing Shared Use Path and Deviations from Protective Provisions of the Comprehensive Plan, per Application of Franklin Johnston Group Management& Development LLC for The Silo at Southern Pines Dear Chair Alcaraz and Members of the Planning Commission: The Virginia Beach Active Transportation Advisory Committee(ATAC) met on October 9, 2023, and voted unanimously to convey our concerns for the safety of pedestrians, bicyclists, and other shared path users, and • request adherence to the Comprehensive Master Plan, • advise deference to the City Traffic Engineer's August 91h plea and recommendation to you, which has been supported in both the August and October Planning Department's staff recommendations, • and seek your denial of the direct vehicular access to Princess Anne Road from The Silo at Southern Pines ("Silo") proposed by Applicant Franklin Johnston Group Management& Development LLC. In A Nutshell The Applicant proposes setting aside many longstanding traffic and safety provisions of the Comprehensive Plan to allow an as many as 400,000 cars per year to drive across the existing, buffered pedestrian and bicycle path along Princess Anne, introducing safety risks the coordinated plans for this corridor were designed to prevent. Discussion and Reference Citations Following the Princess Anne Corridor Study, which the Planning Commission recommended and City Council first adopted into the Comprehensive Plan on July 11, 2000, the City built a multi-use path along Princess Anne Road, including past the frontage of the proposed Silo development. The Study"recognizes Princess Anne Road as a controlled access highway" [PACS, 2009, p21]. As the Staff Report correctly explains, this 45-55mph roadway's classification in the Comprehensive Plan as "Access Controlled" means new private driveways opening directly to it are not permitted for sites having connections to alternative roads, as this site does. Enforcement of this long-established Comprehensive Plan provision has allowed pedestrians, cyclists, those using mobility assistance devices, skaters and kids on scooters to feel safe rolling and walking alongside high speed Princess Anne Road, because there is little risk now of cars turning on or off and hitting them. The City's Master Transportation Plan was also recommended by the Planning Commission, approved by City Council most recently on June 16, 2020, and incorporated into the Comprehensive Plan. On pages 2-10 through 2-12 the MTP reiterates this segment of Princess Anne Road is one of 11 "Access Controlled" roads benefitting the whole City. One of the specific objectives listed is "limiting the turning movements to and from these roads." The Princess Anne Commons &Transition Area Plan was also recommended by the Planning Commission, approved by City Council, and incorporated into the Comprehensive Plan. The subject property is within Princess Anne Commons. As the Staff report correctly notes, this portion of the Comprehensive Plan yet again cites the same rules for Princess Anne Road, "Direct private access to Princess Anne Road will not be permitted www.vbgov.com/ATAC except when the property in question has no other reasonable access to the circulation system, as it is part of the City's Access Controlled road network." [PAC/TA p4-7]. Citing to the many long-adopted plans above, which describe exactly the road configuration serving this site, City Staff concluded that access from George Wythe Drive is reasonable and direct access to Princess Anne Road should not be permitted. [Staff Report dated October 11, 2023, pp 7 & 9] Adherence to these Plans have allowed the pathway to flourish. In 2000 the PA Corridor Study stated, "Pedestrian traffic is nearly nonexistent on Princess Anne Road at this time. Recreational walking is confined to neighboring communities due to a lack of facilities along Princess Anne Road." [PACS, p13]. Today the path is a popular part of many people's lives, well-utilized by all age groups, on foot and on all manner of personal wheeled devices. It is used both for transportation to nearby shops and destinations, and for recreation and health by those living nearby and others passing through this network segment as part of longer journeys. Some use the path by choice, and others who lack vehicles(especially youth and those with disabilities)are on the path because they don't have many other travel choices. As the area continues to develop into the Comprehensive Plan's vision of a more pedestrian and bike-friendly part of our City, usage of this safe facility has increased and will continue to do so. The Applicant's proposal connects the Silo to George Wythe Drive, which runs two blocks to Nimmo Parkway. They have also requested a second access point directly on Princess Anne Road, which they "anticipate a large proportion of the development's traffic would utilize." [Staff Report dated October 11, 2023, p2]. Unfortunately, that high volume of cars would be driving directly across the existing shared use path. How many cars could drive across the pathway if they wanted to? The Staff Report states the development will generate 1,106 additional daily trips [p8]. That is more than 400,000 chances per year for dangerous conflicts between vulnerable pathway users and cars decelerating from or accelerating to 45mph an unacceptable figure. We do not know if the staff reports figures were limited to the new apartments to be built under this proposal, or if cut-through traffic using such a new exit point off Princess Anne were also considered. It has been brought to our attention that the Applicant may be amenable to withdrawing the exit driveway from the Silo onto Princess Anne Road, but retaining the entrance driveway. Cutting the figures above in half would still add as many as 200,000 more chances per year for an accident than exist now, which is far too many. The attached letter from the President of the nearby Christopher Farms Homeowners Association speaks directly to the success and importance of the path to their residents, and to that community's significant concern with the Applicant's proposal to have a large volume of cars drive right across it. We are also greatly concerned by the way the Applicant desires the proposed Princess Anne access to be built. The Site Plan included on page 12 of the Staff Report shows the existing pathway completely removed at the Silo's entrance. Two ends of the existing path abruptly stop at a pair of driveways, each of which is curved to facilitate the transition of cars to and from the 45mph roadway without stopping. With no acceleration lane provided for cars exiting the Silos, drivers will have the choice of either gunning their engines into traffic breaks or blocking the pathway as they idle for their chance. A monument sign shown between the two driveways furthers the impression that what is designated as a secondary entrance in the proposal will, in fact, become the primary access point for the development. The courtesy of a crosswalk between the two stub ends of the path is not shown, suggesting a lack of safe refuge for those trying to cross the driveways and that decelerating cars coming off Princess Anne will not have a visual reminder to look, yield or stop for those who may be on the path in their way. Even at this conceptual stage, these design features show how cars are intended by the Applicant to be prioritized and how they will dominate what is now an area buffered, long-planned and reserved to pedestrians, bicyclists, and vulnerable path users. The City's Traffic Engineer testified to the Commission on August 9, 2023. He cited to the Plans above, noted the right of way for George Wythe Drive already existed when those plans were made, and stated repeatedly that"no direct access should be granted from Princess Anne Road." He even pleaded, "Please don't put the access point there." He warned that the proposal is "setting a precendet her by allowing access of of princess Anne Road. So what's to keep the net one, you know, the next applicant from requesting access to Princess Anne ..." He then concluded, "But the Comp Plan and the Princess Anne Corridor study are pretty clear to state 2 that no direct access should be given." [Planning Commission Meeting Minutes, August 9, 2023, p10]. His written portion of the Staff Report states, "Traffic Engineering Staff does not support any access to this site from Princess Anne Road..." [p9]. In addition to the City Traffic Engineer and the Planning Department, the TA/ITA Committee also reviewed the project and recommending denial of the driveways to Princess Anne. For all of the reasons above and citing traffic safety concerns, the Staff Reports have recommended twice that Applicant's request for direct access to Princess Anne Road should be denied, even while supporting the rest of the proposal for this apartment complex. [Staff Report dated August 9, 2023 p5 and October 11, 2023 p7]. The Active Transportation Advisory Committee supports adherence to the Comprehensive Plan and its many component studies and amendments. They represent years of thoughtful work and public engagement, including our own, and an inter-related network of guidance designed to make Virginia Beach a better, safer place. Millions of public dollars have been expended building infrastructure according the Plan, including for the pathway in question. People have also made their choices about where to live and investments in homes expecting and relying that the City will follow its own plans. A nearby path to great destinations, safely buffered from vehicular traffic into the future, is one such example. For these reasons, ATAC respectfully requests that the Planning Commission support the professional conclusions of the City Traffic Engineer, the twice-repeated recommendation of the Planning Staff, the advisory opinion of the TA/ITA CAC, and the tenets of so many sections of the Comprehensive Plan that have been reaffirmed over so many years, and deny the Applicant's request for direct access to Princess Anne Road. Thank you for your consideration of this advisory letter. If further information is desired please do not hesitate to contact me at „vtclegal-atac@yahoo.com (757-576-1006). Respectfully, Walter T. Camp, Chair Active Transportation Advisory Committee cc: Active Transportation Advisory Committee Members & Liaisons The Honorable Mayor Dyer and Members of City Council Patrick Duhaney, City Manager John Gadzinski, President of Christopher Farms Homeowners Association Lisa Hartman,TA/ICA CAC Chair High Tierney, Parks and Recreation Commission Chair Clay Bernick,Open Space Advisory Committee Chair Kenneth Chandler, Deputy City Manager Michael Kirschman, Parks and Recreation Director Shirley Deibler, Parks and Recreation Deputy Director Chad Morris, Planning, Design and Development Administrator, Parks& Rec. Dept. Steve Lambert, Active Transportation Planner&ATAC Staff Liaison, Parks& Rec. Dept. L.J. Hansen, Public Works Director Dave Jarman,Transportation Division Manager, Public Works Department Ric Lowman, City Traffic Engineer, Public Works Department Kathy Warren, Planning Director Carrie Bookholt, Deputy Director of Planning Kaitlen Alcock, Planning Administrator Hank Morrison, Comprehensive Planning Administrator, Planning Department Hoa Dao, Current Planning Manager 3 EXHIBITS Page 1 Letter from Christopher Farms HOA dated 10/4/2023 Page 2 Shared Use Path photographs, from Staff Report p20 Page 3 Applicant's Site Plan, with circle added at Princess Anne Access, from Staff Report p12 Pages 4-6 Access Controlled Roadway Map & Description with highlights added, from Virginia Beach Master Transportation Plan, pp 2-11 to 2-13 Pages 7-9 Princess Anne Commons & Transition Area cover page, p4-6 Map, and p4-7 text with highlights added Pages 10-11 Princess Anne Corridor Study, cover page and p21 with highlights added Pages 12-17 Selected pages from Planning Department Staff Report dated October 11, 2023, with highlights and one margin computation added Page 18 Planning Commission Meeting Minutes, 8/9/2023, p10, highlights added Page 19 Traffic Engineering Section (p9) of October 11, 2023 Staff Report Princess Anne Bike Patch Concerns From John Gadzinski (tuba737@msn.com) To: wtcamp@yahoo.com Date: Wednesday, October 4, 2023 at 07:42 PM EDT Good evening Walter, I am now aware that there is a proposal to create a traffic ingress for the proposed "Silos at Southern Pines" that will cut into the bicycle/footpath on Princess Anne Road, in proximity to the Harris Teeter and Church area. The members of our community were loyal advocates of the paths to begin with and I can tell you that they are used on a regular basis by our homeowners. Any increase in traffic bisecting these paths, especially those without a stoplight, could pose a risk of increased accident potential, especially for cyclists and runners. Pedestrian safety best practices can be seen on college and university campuses, but they are lacking here in VA Beach. I feel that the push to add developments without adhering to an overall plan for community safety could expose us to unnecessary risks. I would please ask you to communicate our concerns and objections to the appropriate parties in your advocacy work. Thank you for your consideration. Warmly, L P John Gadzinski President ciiRist Of-fit R(ARMS Christopher Farms Homeowners Association 7 L. Site Photos R r, LR e• w y t 9 r IN E x Franklin Johnston Group Management&Development, Page 0 1 L + ✓� � s{e. ,�N ,ILA SJI 00 7ts s ( 71 All is s. 71 1/ - II e t .. t Franklin Johnston Group Management&Development,LLC Agenda Items 2,3,4 Page 12 City o/YirpiuiuBeudr Comprehensive Plan-It Is Our Future:A Choice Ci(y June 16,2020 a p o 0 1 Y J � } 1 • • N 3` ♦ }r u r ` r o Muster Transportation Plan/2-13 City aftiryinia Beach Comprehensive Plan-It's Our Future.A Choke City June16,2020 Access Controlled Roadways There are many ways to improve traffic flow on the City's busier roads The most expensive way,in many cases,is to add additional pavement or concrete and travel lanes to existing roads. This method increases storm water runoff,and right-of-way and can have a negative impact on surrounding communities and safety. Limiting access on selected corridors may be a more cost effective method to maintain and improve the capacity of these roads. Limiting the turning movements to and from these roads can increase roadway capacity and improve traffic Flows on the corridors. Hader Transportation Plan/2-11 The management of access points(driveways,intersections,etc.)is important to the safety and proper functioning of our roadways. Certain roads,due to their function in the overall roadway network,need a higher level of access control than roads whose function is to provide more direct access Roads designated"Access Control"are shown on the following Access Controlled Roads Map and has restricted direct access to and from that roadway segment for new developments. Private direct access is not noi-mitted on these roadw:- , -ments,except when the property in question na> _. ,—ess to the circulation system. Developers are encouraged to utilize building orientation and signage to help identify the businesses along these corridors. The following corridors are designated as"Access Control": Northampton Boulevard between Diamond Springs Road and Shore Drive Indian River Road fi•om Providence Road to Ferrell Parkway and from South Independence Boulevard to North Landing Road Ferrell Parkway Princess Anne Road from Ferrell Parkway to Nimmo Parkway Lynnhaven Parkway from 1-264 to South Lynnhaven Road Dam Neck Road from Rosemont Road to General Booth Boulevard Nimmo Parkway General Booth Boulevard South Independence Boulevard from Holland Road to Lynnhaven Parkway London Bridge Road/Drakesmile Road from 1-264 to Dam Neck Road ',taster Transportation Plan/2-12 6 chapter four THE PRINCESS ANNE COMMONS & TRANSITION AREA Nor• 4 ■ R +_ 'J 1 7 - Princess Anne Commons 5 CAM NEC ...••• .� Transition Area a O Historic Princess Anne Center .• q f % ,j .City Property i North o Ro ce, ` ` Olnterfacdity Traffic Area(ITA) .• a'� O AICUZ Norse Zones �• • —c Proposed Southeastern Partner. rr Princ Anne .r%� Commons sgti b►•'' ••..• V NF • Central •`• Qr� .' •so Princess � Anne Commons p r • ptMG �. , NpptH �} R South Princess Anne Commons rNp� k��R ao 'mac.PRINCESS ANNE i� Tr: COMMONS The Princess Anne Commons/Transition Area 4-6 g » Adhere to the Design Guidelines for facilities.The majority of the existing parcels within the F 'core are larger than parcels fronting on Landstown and Salem Roads,offering good opportunities for quality LC r: e L�,e ;:.r ,, :3 eillnnc development.This Plan recommends that individual ttu eaLept when the u,uuertw ut question properties in the core should be consolidated to create e a;u.�:;u.� ��C�s LU tide Lli�uiationsignificant developmentsites(greaterthan 15acres) a is part of the Citv's Access Controlled appropriate for such development.Suitable roadway UI'K,identified on page 6-8. and utility infrastructure must be available prior to development of this type. CENTRAL PRINCESS ANNE COMMONS » Light industrial uses,including business incubator The location of Central Princess Anne Commons is and flex office/warehouse uses,are appropriate in generally south of the Virginia Beach National Golf areas outside of designated'Special Areas'identified Course to just north of North Landing Road. in the Interfacility Traffic Area and Vicinity Master The existing land uses in the Central Plan. Princess Anne Commons Area are » With the close proximity of North primarily rural residential,forested, Princess Anne Commons,this and cultivated land located within an area is appropriate for additional area of several constraints including recreational uses. floodplain and jet noise levels » The area outside of the core' exceeding 75 DNL. is recommended for continued by-right agricultural,equestrian, CENTRAL PRINCESS ANNE and rural residential uses.Where COMMONS RECOMMENDATIONS parcels in this area are greater Municipal Center-Administrative Offices than 15 acres,quality office, » Adhere to the Design Guidelines research, or similar development for Princess Anne Commons. - is acceptable if adequate infrastructure and services are » Limit maximum residential density available to that allowed'By right'under existing zoning. » Acquisition of properties from willing sellers within Central » The core area of Central Princess Princess Anne Commons is Anne Commons offers an opportunity :° recommended consistent for quality corporate office, with the Oceana Land Use institutional,research,and similar Conformity program Courthouse Market Place The Princess Anne Commons/Transition Area 4-7 9 y., Princess Anne Corridor Study Adopted by the City Council of Virginia Beach on July 11. 2000 Amended December 20. 2005 and December 8, 2009 City of Virginia Beach Departments of Planning and Public Works This document is adopted as a component of the Comprehensive Plan 10 Princess Anne Corridor Study E.Criteria to Attain"Incentive"Level landscaping should include preservation Development of mature tree stands I Significant.large scale parcel assemblage is achieved All or nearly all of parcels within each designated subarea must be consolidated into a single.well-configured tract of land enabling the creation of a safe, coordinated and attractively designed development plan. 2.Princess Anne Rnart--rognized as a controiled access hiahway. No permanent roadway or driveway access to Princess Anne Road is except for the tour major intersections and one interchange shown in the Princess Anne Corridor Plan between and including Dam Neck Road and Nimmo Parkway.Part or A,re a,c Dam Neck Roads -Reverse frontage"means providing roadway access to properties from an interior road.not directly from Princess Anne Road.Direct access for properties facing arterial roads will be allowed until such time that reverse frontage roads are built to serve these sites. 3 Integrate attractive landscaped vistas.open spaces and amenities features. Design roads and regional stormwater management facilities serving Sub- Areas using aesthetic and environmental design techniques to enhance scenic and open space opportunities.Transform the land surrounding these facilities into an attractive parklike setting with open spaces,trails and other amenities Open space areas and distant views or vistas should have above-average or exceptional landscaping The 'I 11 Background&Summary of Proposal • The applicant seeks to rezone 6.26 acres from AG-1 and AG-2 Agricultural to Conditional A-18 Apartment with Workforce Housing Overlay District,a Modification of Proffers request to expand the existing Southern Pines Apartments with an additional 176 units,and a Subdivision Variance to reconfigure the existing lots for the proposed development. • The existing Southern Pines development was approved in 2014 for the construction of 240 multi-family dwellings on 15.7 acres for a density of 15.29 units per acre.The site layout and building design of the existing development will not be modified;however,the applicant is proposing new proffers to include the addition of 6.26 acres for the construction of an additional 176 multi-family units. • The 176 additional multi-family dwelling units will result in an overall density of 18.94 units per acre The development will include a Workforce Housing(WFH)component which allows for a 30 percent density bonus per Section 2106 of the City Zoning Ordinance. • Density Calculation: Maximum Units Workforce Maximum Units Number of Units Acreage Permitted under A-18 Housing Bonus Permitted(including Proposed Workforce Housing) Phase 1 1 15.70 1 282 - 282 140 Phase 2 6.26 112 33 145 176 Total 21.96 394 33 427 416 Total Proposed Density(units/acre) 18.94 • While not proffered,the applicant estimated the number of bedrooms for Phase II as follows: Unit Types Number of Units I Number of Bedrooms 1 Bedroom 92 92 2 Bedrooms 65 130 3 Bedrooms 19 57 Totals 176 279 Fes ntrance for the new phase is proposed from George Wythe Drive.A secondary,right-in/right-out,access from Princess Anne Road,this portion of which is designated as access-controlIea in the Gty's ,,.._ a applicant does anticipate a large portion of the nt-s trattic would utilize me access point Anne Road Should the City Council approve the PrincessAnne Road,right-of-way improvements,including a right-turn lane would be required,as n the proffered plan. • The proffered Concept Plan and elevations depict four,four-story apartment buildings each with a height of 55-feet and one,three-story apartment building fronting Princess Anne Road with a height of 48 feet.The exterior fa4ade is comprised of brick,vinyl lap siding,cementitious panels,asphalt shingles,and metal roofing.The proposed two- story clubhouse will feature similar exterior materials and is proposed to be 32.58 feet in height.Similar to the 2014 approval,the applicant is requesting a deviation to allow an increase in the height from the 35-foot maximum permitted in the A-18 zoning district to a maximum height of 55 feet. The existing three-story apartment buildings in Phase 1 were granted a deviation to allow for a maximum height of 48 feet. • A deviation to the required 30-foot front yard setback from George Wythe Drive is requested.The proffered Concept Plan depicts a 20-foot setback from George Wythe Drive. Franklin Johnston Group Management&Development,Ly�C Agenda Items 2,3 w Page 2 • 7project. artially located within the Interfacility Traffic Area(ITA).The applicant appeared before the Transition acility Traffic Area Citizen's Advisory Committee(TA/ITA CAC)on September 7,2023,to share details of t he TA/ITA CAC voted to recommend denial of the proposal,finding the proposed density and building e incompatible with the surrounding area,and recommended access from Princess Anne shou!d be • The applicant appeared before the Joint Review Process(JRP)Group to discuss the proposed project on September 20,2023.The JRP Group finds the proposal to be in compliance with Article 18 of the Zoning Ordinance. • The proffered plan proposes a variety of amenities to include an outdoor swimming pool,as well as a clubhouse with a fitness center.Grilling stations may also be provided;however,the specific details will be finalized during the final site plan review process. • A parking study was submitted consistent with the provisions of Section 203 of the Zoning Ordinance that permits a reduction in the minimum number of parking spaces subject to an indication that a substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle.While 741 parking spaces are typically required for a multi-family development of this size,the parking study indicates that the proposed 724 parking spaces provided(ratio of 1.74 spaces per unit)will meet the needs of the residents. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage for proposed Lot A-1. • As shown below,a deviation from the dimensional standards for property zoned AG-1 and AG-2 is needed. Required Existing Lot Proposed Required Existing Proposed Proposed Lot Minimum Lot Width Lot Width Minimum Street Line Street Line Width(feet) (feet) (feet) Street Line Frontage Frontage Frontage(feet) (feet) (feet) Lot A-1 in AGA&AG-2 150 25.18 25.18- 120 25.18 25.18 Lot B-1 in A-18 60 675 675 48 68.07 68.07 *Variance Requested Franklin Johnston Group Management&Development,L{C3 Agenda Items 2, 4 Page 3 Approximately 2.79 acres of the 6.26-acre property is located within the Interfacility Traffic Area.The applicant appeared before the TA/ITA CAC on September 7,2023,to share details of the proposal.While the Committee agreed that the building design reflects the rural architecture of the area,they felt the proposed building height and density were not compatible with the surrounding area,and the proposed access point from Princess Anne Road poses a traffic safety concern.As such,the Committee voted to recommend denial of the proposal. The applicant also appeared before the Joint Review Process(JRP)Group to discuss the project on September 20,2023 Section 1806 of the Zoning Ordinance states that residential development within the limits of the ITA shall not exceed a density of 1 dwelling per 15 acres.As Section 200 of the Zoning Ordinance does not expressly prohibit the inclusion of land within the ITA to be counted for density and all apartment units are proposed outside the limits of the ITA,the JRP Group determined that the subject request conforms with the standards set forth in Article 18 of the Zoning Ordinance. While the ITA Plan states that for the most part,residential density within the ITA should be limited to one unit per 15 acres for residential development(page 16),the plan also recommends that residential growth should be concentrated around existing developed areas including the Municipal Center and Princess Anne Commons(page 5). The Comprehensive Plan also prioritizes strengthening the development nodes along the Princess Anne Corridor,noting that more dense development should remain clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons. The Plan further recognizes the benefit of incorporating residential uses outside of the AICUZ to create vibrant,mixed-use districts where people can live,work,and recreate within walking distance to services and gathering spaces. Two such nodes,referred to as"Initiative Areas"in the ITA Plan,are the Historic Princess Anne Center and the Municipal Center,both of which are in close proximity to the subject site.One of the key recommendations of the ITA Plan for the Municipal Center is the need to introduce a mix of residential units into the district to enliven the complex around the clock,to create a consistent pedestrian network,and provide attainable housing for City workers.The ITA plan calls for multi-family residential within the core of the Municipal Center along George Mason Drive.While the ITA Plan recommends a maximum density of up to and no more than one dwelling unit per 15 acres,the policies of the ITA Plan, as described in a previous paragraph,encourage a greater density for the purpose of increasing housing choices in close proximity to the Municipal Center,where infrastructure is available and the AICUZ allows such development. While Staff recognizes the total proposed density of 18.94 units per acre exceeds the maximum allowable density of 18 units per acre for property zoned A-18 Apartment District,the slight overage is due to the inclusion of workforce housing in the development. According to Section 2106 of the City Zoning Ordinance,developments that designate at least 17 percent of the proposed dwelling units for workforce housing are eligible for a 30 percent density bonus.The Workforce Housing Overlay District is only applied to the 6.26-acre parcel and not the existing Phase I,Southern Pines development,since the workforce housing units are only included in Phase 2.Of the 176 additional units proposed,30 percent,or 53 units,would be designated for Workforce Housing.According to the applicant,the units designated for workforce housing will be leased at approximately 25 percent below the rental market rate. Consistent with the provisions of Section 203 of the Zoning Ordinance,a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required.Section 203(b)(11)allows the Zoning Administrator to reduce the parking requirement when a"substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle."As required,the Zoning Administrator determined that while 741 spaces are typically required for a multi-family development of this size,the final parking ratio of 1.74 spaces per unit and the reduction to the minimum number of required parking spaces from 741 to 724 spaces is justified.The site is within a half-mile distance of shopping centers,retail establishments,and parks,all of which are connected via sidewalks and a shared multi-use path.In addition,the site is near multiple bus stops along Princess Anne Road including Route 33 which runs from Tidewater Community College to the oceanfront. ThP nrnffprp�l r,,.,­ M_ -___. __ . _.... ..:,;.. ,, orin p�S Anne Rnad,however,this seem—^f princess Anne Road is designated as"access controlled"in the City's Master Transportation Plan,a component of the Comprehensive Plan, Franklin Johnston Group Management&Development,Li.CI Agenda Items 2,3 4 Page 5 F w direct access to the roadway rom private access points is not permit' The applicant has stated that it would edsonaoie for access to the property to be proviuea soieiy from George vvyLne Drive,which currently serves as an point for Phase 1 of the development.The applicant has also stated that without access to Princess Anne Road,it be a"significant inconvenience"for residents and create"confusion"for visitors,delivery drivers,and others who e property. While Staff doe xt the access point from Princess Anne Road duF to tha inconsistency with rnrr�d;;tir�a of the Comp. ..,.,,,,cam•Plan as well;rs rwr, Live effects on the roadway capacity and safety,should ess be approves,Staff recommends thatthe existing right turn lane on Princess Anne Road be extended to the required deceleration length and taper for this site.Extension of the turn lane is depicted on the proffered t Plan.In addition,the proposed right exit on Princess Anne Road creates hazardous conditions as vehicular traffic can cross two highspeed travel lanes to make a u-turn heading westbound.To address this concern,the applicant is proposing a barrier to be installed in the median that would prohibit such maneuvers.Details of this proposal and the type of barriers will be decided during site plan review. Section 107(i)of the Zoning Ordinance states that the City Council can,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties,consider a reduction in the dimensional requirements.In Staff's view,the request to reduce to building setback from George Wythe Drive from 30 feet to 20 feet is acceptable.The development has frontage along both George Wythe Drive and Princess Anne Road and the reduced setback would not have a negative impact on the surrounding area. Lot A was subdivided by deed in 1975(DB 1467,P 532)and does not meet the required ISO-foot lot width and 120-foot street line frontage for property zoned AG-1&AG-2 Agricultural District.As such,a Subdivision Variance request is required. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property,including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto.Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance request to be compliant with the conditions of Section 9.3.The nonconforming Lot A currently has 25.18 feet of lot width and street line frontage;however,the proposed reconfiguration of Lot A and Lot B would not create an increase in the nonconformity and as such is supportive of the request. Information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity and the additional students will be within the acceptable threshold for increases in student population. The applicant proposes to utilize the existing ponds in Phase I,as well as an underground stormwater storage system to meet the stormwater management requirements.Staff reviewed the conceptual stormwater management strategy and agreed it has the potential to successfully comply with the stormwater requirements.Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. Franklin Johnston Group Management&Development,L F Agenda Items 2,3 4) Page 6 Based on the above considerations,Staff recommends approval of these requests,with the exception of the access point on vrincess Anne toad,and subject to the proffers and conditions listed oeiow D. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance,has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"(§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. The following proffered conditions are hereby added to the Original Proffers(2014)with respect to the Added Property, and shall be the proffered conditions applicable to the Added Property(but shall not affect the Original Property): Proffer 1: When developed,the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan",dated May 31,2023,and prepared by Timmons Group(the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property,when developed,shall be in substantial conformity with the exhibit prepared by Cox,Kliewer&Company,P.C., entitled'The Silo at Southern Pines Conceptual Elevations"and dated May 31,2023(the"Elevations"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Added Property,when developed,shall not exceed a total of one hundred seventy-six(176). Not less than thirty(30)percent of the total number of residential units developed on the Added Property will be"workforce housing units"as defined in Section 2102 of the Zoning Ordinance. No residential unit will be developed within that portion of the Added Property located in the Interfacility Traffic Area as of the date of this Agreement. Proffer 4: Landscaping installed on the Added Property,when developed,shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group,entitled'The Silo at Southern Pines Conceptual Planting Plan",and dated May 31, 2023(the"Landscape Plan"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 5: The community identification sign on the Added Property shall be a monument-style sign not exceeding eight(8)feet in height,and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: 1 he final stormwater management plan submitted to the Development Services Center(DSC)during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management Ordinance(s). Franklin Johnston Group Management&Development,L Agenda Items 2,3�V Page 7 Proffer 7: Except as expressly modified by this Agreement,all other covenants,restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Condition 1. Priorto final site plan approval,the applicant,or the applicant's successors or assigns shall submit a Resubdivision Plat to the Virginia Beach Department of Planning for review and approval.Said Plat shall be substantially as shown the exhibit entitled"Subdivision Variance Exhibit of 11.687 acres Fronting Princess Anne Road for The Franklin Johnston Group",dated September 6,2023,and prepared by Timmons Group,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located partially within an area designated as the Interfacility Traffic Area/Princess Anne Special Economic Growth Area(SEGA 4).More specifically,the subject site lies within the Historic Princess Anne Center,which includes the Virginia Beach Municipal Center/Court Complex,the Princess Anne Historic and Cultural Zoning Overlay District,and the surrounding area.Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential,commercial,and open spaces to complement the form and function of the municipal center,court complex,and historic district.Planned land uses,both public and private,should be compatible with those found in the municipal center and court complex and, where appropriate,may include residential,office,retail,service,hotel,and institutional uses. ResourcesNatural &Cultural •. The site is located in the Southern Rivers Watershed.Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater,poorly draining soils,and high-water surface elevations in downstream receiving waters. Traffic Potential Impacts cars driving Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 29,560 ADT' 39,700 ADT'(LOS°"D") across path Existing Land Use 1-0 ADT :. Nimmo1 Use a—1,106 Parkway 18,900 ADT' 31,100 ADT'(LOS"'D"i 'Al as defined by a 6 6-acre vacant "as defined by 1/6 apartment 4 LOS=Level of Service 1106/day parcel units Master Transportation Plan(MTP)and Capital Improvement Program(CIP) x 365 Princess Anne Road and Nimmo Parkway are both four-lane suburban major arterials.There are no CIP projects 403 690/yr scheduled for either Princess Anne Road or Nimmo Parkway in the vicinity of this application. Franklin Johnston Group Management&Development,L}G Agenda Items 2,3 Page 8 Planning Commission Minutes, 8/9/2023 p10, Rick Lowman VB Traffic Engineer Mr.Aicaraz. If I may ask the traffic engineer to come forward,just got a question on the right in,right W. Rick,I know you had some concems about a I just was gonna ask on the right end only,would that be workable? Mr.Lowman So the master transportation plan I mean,it dictates where access can be ano where access should be granted from Prime__ =.^tee hear: Fne way it was iaia out,it was laid out back in,you know,the early 200Ds and if you notice that right of way there where George Wyche Drive is,that right of way already existed. We set that up to have reverse frontage and that's what its called out for in the Princess Anne Corridor study. which was adopted by City Council and updated in 2009. So,you 1mow,the reverse frontage was the way that we wanted you know,access to De set up off of Princess Anne Road so you wouldn't have direct,you know,private access off the road So,you know.if you see as a right only acceptable and the right in only is better than the right in.right out,and you know,when the representative had said,all we asked for was the right turn lane.we didn't ask for the right turn lane,except if,you know,we didn't want the enic_._ _ e *m-wy we didn't review rile study because«yorii,~We're saying,}:_. it the access point there. If we talk about precedent of four-story buiid,ngs.again_we're setting a orece dent noro t-aitnwinq access off of Princess Anne Road. 5o.whars to keep the next one,you Know.the next amira- tic^ wuestirtu access to Princess is obviously better bran rcyiii i r_ -.,a.whtci1 is oov,ousiy Ueae! L.t:t&ut ro-ip plan and G = - 5 ry ne Corridor study are pretty clear to state tha;no direct access should Mr Alcaraz My concern was lust emergency access I know the locality,you got fire and rescue right next door But if someone was,if an emergency situation was there and they had to head south.you have to go all the way around Mr Lowman And what weve done on other developments,other apartment or other, you know.even residenbai is you can put an emergency access point there lrll be grassed..it'll be grass paved so that the fire department can drive over top of it. Its gonna have a gate with a Knox lock which means that the fire department and the police and EMS have access to that lock They have keys to those locks so that they can get in the case of an emergency You know.we do that in other parts of the city for other.you know,in other areas where we don't wanna have a full access point that's used by the,you know,the general public,but it is available as an option. And it looks like any Other piece of grass.you know,except that there's,you know,trs paved underneath Mr.Alcaraz All right thank Mr Lowman Sure 18 This segment of Princess Anne Road is designated as"Access Controlled"in the Master Transportation Plan.Certain roads,due to their function in the overall roadway network,need a higher level of access control than roads whose function is to provide more direct access.Roads designated"Access Controlled"have restricted direct access to and from that roadwav segment for new developments.Private direct access is not permitted on these roar'. -eaments, except when the property in question has tic asonamer access to the Circulation�,v,,-­ ❑i tills cdSe,the proposed development I .-�,Lr ,,, ,,,,,,,,,a uuonc roanwav r..-^^'Ar, k,n,;,,, which was built as a reverse frontage roadway_,hat rn-,,a..,i Anne Road. The C-incess Anne Cmrido!Study(PACS which was adopted by City Cot c n December 2G recommends that properties adjacent to the Virginia Beach National Golf Course,within the Interfacility Traffic Area and south of the Southeastern Parkway that front on Princess Anne Road should"utilize reverse frontage access with internal roadway links to existing points of access on Princess Anne Road or,where available,by connecting to other tracts of land that afford access to Nimmo Parkway".The PACS also states that"no new access points to Princess Anne Road are recurnmended for properties that develop in this unified tashion," Traffic Engineering Staff does not support any access to this site from Princess Anne Road however,should the Planning Commission and City Council contemplate approval of the proposed access on Princess Anne Road,Traffic Engineering Staff recommends that said access be limited to right-in only. Stormwater •. Project Stormwater Design Staff Summary This project consists of the construction of 176 apartment units within 5 buildings,a clubhouse building,and a parking area. In addition to the lots,this project will include associated right-of-way improvements and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions,towards the public drainage system in Princess Anne Road,and towards the existing Southern Pines Apartments wet pond. Stormwater runoff from the proposed buildings and surface parking lot will be collected into underground storage chambers that will treat for water quantity before discharging into the existing Southern Pines Apartments wet pond.StormTech Isolator Row Plus and other Manufactured Treatment Devices will be used for water quality pollutant load reduction requirements. Based on the information provided by Timmons Group in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:6.30 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area:5.10 acres Stormwater Management Facility Design Information Type of facility proposed:Underground storage chambers,isolator row plus Description of outfall:Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge directly into the existing Southern Pines Apartments wet pond. Franklin Johnston Group Management&Development,4(;-1 Agenda Items 2,3 ,q Page 9 From: Kim Landis<klandis@swaillandis.com> Sent:Tuesday,October 10, 2023 3:29 PM To: Planning Administration <PlanAdmn@vbgov.com> Subject: RE: OPPOSE: Franklin-Johnston Development on Princess Anne Road, District 2 Importance: High AUT10f; 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. RE: Franklin-Johnston Development on Princess Anne Road, District 2 Dear Members of the City Council and Planning Commission, I oppose the proposed Franklin-Johnston Development on Princess Anne Road because the development: • is for high density residential development that sits below the Green Line. Approval of this project negates the long-time prohibition of high-density residential development below the Green Line and not only sets a new precedent for current and future applications but encourages additional development in other areas below the Green Line. • straddles the no build Air Installation Compatible Use Zone (AICUZ) line and the Interfacility Traffic Area (ITA) Boundary. The proposal incorporates undevelopable land into the calculation to justify the proposed density and takes advantage of the city's lack of policy to address the use of the formula. • In addition, I oppose the hearing and voting on this proposal prior to determining a policy that addresses the formula to calculate density when part of the land is undevelopable. Sincerely, Kimberly Landis Hoa N. Dao From: RICHARD DANIELS <richeather@cox.net> Sent: Tuesday, October 10, 2023 3:26 PM To: Hoa N. Dao Subject: Opposing planned construction on Princess Anne Road 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. Dao, My name is Heather Daniels and I am writing you to let you know of my objection to the planned construction in my area. I have lived in Virginia Beach my entire life and have lived in my present location, Princess Anne Crossing, since 2005. 1 enjoy this neighborhood and have watched tremendous growth occur during my time here. The planned construction on Princess Anne Road will be directly across from my neighborhood. Glimpses of the plans show that the proposed building is taller than any other developments in our area and sets a bad precedent for future construction. Besides the visual detraction,this would also mean more population density, causing more traffic and more danger for those entering and exiting our neighborhood. Our schools, already at capacity,would be further taxed by a large influx of new people in the area. In addition,this encroaches on the high noise zones in the area and could have an effect on later contracts to keep our naval air station here in Oceana. I implore you to please think of the people in our city and our city's future and oppose this construction plan. Sincerely, Heather Daniels i From: Heather Malaby<heathermalaby@gmail.com> Sent:Tuesday, October 10, 2023 3:32 PM To: Planning Administration<PlanAdmn@vbgov.com>; Naomi Estaris<nestaris@vbgov.com>; Michael Clemons<miclemon@vbgov.com>; Michael Anderson <mianders@vbgov.com>; Kathryn Byler<kbyler@vbgov.com>; George Alcaraz<gealcara@vbgov.com>; Bryan Plumlee <bplumlee@vbgov.com>; Susan B. Hippen <shippen@vbgov.com>; Holly Cuellar <hcuellar@vbgov.com>;John H. Coston <jhcoston@vbgov.com>; William Parks <wparks@vbgov.com>; dhhorsley@vbgov.com Subject: RE: Southern Pines/Franklin-Johnston 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. Dear Planning Commission members, Thank you for taking the time to consider if the proposed Franklin-Johnston Development is appropriate in the ITA area. In looking at the Comprehensive Plan, the density of people to reside in the complex far exceeds the plan intent. Hopefully there has been enough time for the commission to discuss the proximity of a five- story building near the military BRAC zone, in that area of the city. There appears to be many unanswered questions that need to be addressed before disapproval is sent to the City Council. Please do not fast track this possible precedent setting, type of building at this time. Sincerely, Heather Malaby Sandbridge Beach Hoa N. Dao From: smallenl626@gmail.com Sent: Wednesday, October 11, 2023 10:36 AM To: Hoa N. Dao Subject: Silo at Southern Pines Project, 2737 Princess Anne Rd Follow Up Flag: Follow up Flag Status: Flagged CA ITION 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 current plan for Silo at Southern Pines Project since it violates numerous building codes and statutes. In addition to the increased traffic and strain on current infrastructure. I urge the Planning Commissioners to do the same and deny this Project. • Density is far higher than surrounding area and not within the specific guidance nor the intended spirit of the Comprehensive Plan,the Princess Anne Commons guidance or the PA Historical District Guidance. o Violating these statutes and guidance sets a precedence • Buildings are too tall and take away from the intent of the Princess Anne Corridor leading to the Courthouse area. No residences within 3 miles are this tall (including Spence Crossing). Developer is requesting both 4 story variance and height variance(from 35 up to 55 feet)Sets a precedence •The high noise areas bounded within the ITA and AICUZ 65-70 dB sub Area 2 are effected by this development.This is not in keeping with BRAC, ITA and AICUZ statutes and guidance.This could eventually impact Oceana and sets a precedence for other developers. Sets a precedence • Direct access onto Princess Anne Road is supposed to be forbidden unless there is no other access. The City Traffic Engineers recommend against granting this access. Sets a precedence •The location of the right turnout represents a hazard to residents exiting our collective neighborhoods (PA Crossing, Christopher Farms, Courthouse Farms)at Curry Comb Court. • We question several specifics of this project including how the developer does the density calculations, (actual density on this parcel of 28.1 units per acre on the entire parcel, higher than that outside the ITA),the parking analysis, and drainage issues. Sets a precedence • It appears to us that all Workforce Housing is being put into"phase 2" of this project which is not in compliance with statutes. Sets a precedence •The calculations for workforce housing appear as if this is a standalone project, but the parking analysis and density appear to only include a single project in 2 phases. Sets a precedence •The initial Southern Pines Community was not approved based on phase II in this location. Combining two separate properties in this manner is misleading and attempts to circumvent rules to the developer's benefit,which is inconsistent with fair practices. Sets a precedence • Precedence set is that developers can violate any guidance if they include Workforce Housing.Applies anywhere in the city. Thank you, Samuel M Allen 2617 Curry Comb Ct 1 Virginia Beach VA 23453 Sent from my Whone 2 From: Kelly Gressley<kmgressley@gmail.com> Sent:Wednesday, October 11,2023 9:26 AM To:Amanda F. Barnes<ABarnes@vbgov.com> Subject: Planning commission CAUTIO^, 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 Members of the Virginia Beach City Council and Planning Commission, I hope this message finds you all in good health. I'm writing to share my concerns about a forthcoming planning item in our city. My foremost concern pertains to the approval process for this project. Initially, it featured buildings within the ITA and garnered the planning commission's approval, along with staff recommendations. However, it was withdrawn only after concerned citizens voiced their objections. Subsequently,the new application was backdated to May, raising questions about its classification as a new application.This process has left ordinary citizens feeling bewildered and disheartened. Additionally,the classification of parcels and density allocation for this project is baffling. Despite being partially within the ITA, it appears to have been granted density rights as if it were outside this area.This approach could set an unsettling precedent. I strongly urge postponing this application until the City Council conducts a thorough study and addresses this situation. The original intent of the ordinance was to treat parcels within the ITA consistently, regardless of partial or full inclusion.The density of this project significantly deviates from other developments in our city, yet it falls below the green line.The notion of transferring density from what is referred to as "phase 1,"which has been constructed and occupied for years, raises questions about its viability and establishes a concerning precedent. During the development of the new comprehensive plan,focus groups emphasized the importance of preserving the green line, and this project appears to run counter to those priorities. Furthermore, it seems that this project contradicts the Comprehensive Plan, PA Corridor Study, and agreements following the JLUS, all of which were funded by taxpayers. As we are currently reviewing the plan, I strongly recommend delaying this project until the new plan has undergone the appropriate review process. Presently,the city is making substantial investments in developing a workforce housing plan. It seems counterintuitive to proceed with such an unprecedented development without a well-thought-out plan in place.The initial rents for this project are prohibitively high for many individuals, including teachers and police officers. It is crucial to consider the feasibility and monitoring of workforce housing within this development. The city's WFH office currently lacks a clear plan or the means to effectively monitor the outcomes. Moreover, it appears that the developer manipulates figures by combining "phase 1"and "phase 2" numbers when it serves their argument. However, when considering the entire project, it constitutes only 13%,which may disqualify it from certain requirements. It is imperative to ensure that workforce housing is dispersed throughout the community as mandated by ordinance and that it remains accessible throughout the development's lifespan, not just initially. In addition,there is a noticeable lack of open space and an excessive amount of impervious cover in this project. These factors could potentially lead to traffic safety issues, particularly concerning the entrance and exit on PA Rd, which was originally intended to be limited.The parking situation also raises questions about its rationale. Furthermore, a height variance requirement adds to the complexity of this endeavor. It is crucial to note that these issues impact all districts and are not exclusive to district 2. Lastly, I want to underscore that ordinary citizens do not typically receive such numerous exceptions. We all have one vote,just like developers. It is disconcerting to see some developers possibly receiving preferential treatment due to campaign donations. Recent informal sessions with four members strongly in favor of the project, who also received significant benefits from the developer, raise questions about the potential influence that may have been exerted. It is essential to closely monitor this situation, as it has the potential to erode public trust. In conclusion, I implore you to act in the best interests of all residents of Virginia Beach. Please consider using the tools at your disposal to ensure the developer's compliance with regulations or, if necessary, delay the project until comprehensive plans and studies have been completed. Only then can we be assured that any development is justified and in the best interests of our community. Once this project is completed,there is no turning back, and it is our responsibility to ensure that it aligns with our city's long-term vision.Thank you for your time and consideration. Sincerely, Kelly Gressley From: Sally Torgler<sallykt64@gmail.com> Sent:Tuesday, October 10, 2023 9:45 PM To: Madison Byrd Harris Eichholz<MBHarris@vbgov.com> Subject: Fwd: Silo at Southern Pines CAUTION.This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Harris Eichholz, My name is Sally Torgler, and I live at 2977 Seaboard Rd. I have been a resident of Virginia Beach for 39 years, and a resident of the 23456 ZIP Code for 32 of the 39 years. I have watched this area develop for almost 4 decades, and subsequently watched the green line move farther and farther into our agricultural areas. All this despite assurances that the City of Virginia Beach is in support of protecting the green line. I am also a structural engineer with a background in facility design and planning. Mr. Bryant shared his email below with me, and I am forwarding it to you with my whole hearted concurrence. I am equally against the proposed development for the issues raised below. For those reasons,the proposed development should NOT be allowed to move forward, and my request therefore is that you DISAPPROVE the proposed development. Thank you for hearing my concerns. Sally Torgler From: Don Bryant [mailto:dbryant6l@cox.net] Sent:Tuesday, October 10, 2023 5:02 PM To: 'MBHarrisEichholz@vbgov.com' <MBHarrisEichholz@vbgov.com> Subject: RE:Silo at Southern Pines Dear Ms. Harris Eicholz, I had to correct the last sentence. I mixed up"not to approve" and "to disapprove". I apologize. Don From: Don Bryant [mailto:dbryant6l@cox.netl Sent:Tuesday, October 10, 2023 4:53 PM To: 'MBHarrisEichholz@vbgov.com'<MBHarrisEichholz@vbgov.com> Subject:Silo at Southern Pines I am writing to express my concerns about the subject project being heard in tomorrow's Planning Commission meeting. I hope that these concerns can be read by and considered by the Planning Commissioners. My name is Don Bryant, I live at 4491 Nanneys Creek Court in the Back Bay Area,and I have been a resident of Virginia Beach for a total of 41 years including 1967-1982 and 1997 to present. I am a licensed civil engineer and have prepared land subdivision and site development plans for residential and commercial projects and have presented them to planning commissions and city councils in several municipalities. My concerns are: 1. The proposed development does not comply with the city's Comprehensive Plan. I understand that Comprehensive Plans are guides and are not chiseled in stone, but this development is about as far from the desired use for this area as possible. 2. The TA/ITA does not support this project and recommends disapproval. Their report cites building height,density, and precedents being set by this project that will impact future development. 3. The density for this project is 28 units per acre with the allowed density being 18 units per acre. The calculations provided in the report include the numbers from Phase 1,which may be allowed by ordinance or policy, but is misleading when looking specifically at this development. 28 is a 55% increase over 18—much higher than the 30%allowed by the Workforce Housing rules. If the project moved forward,the density should be limited to 23.4 units per acre (18 plus 30%), or 147 total units. 4. One of the arguments being made for this housing, by Mayor Dyer during the September City Council meeting, is the need for affordable housing. I understand that need but think that the courthouse area in general and this property with is use shown on the Comp. Plan is not the right location or type of property for high density housing. In the current market,the best opportunity for the development of affordable, high density housing is existing commercial office space. The commercial office space market is in a free fall as the result of the COVID-era move to teleworking/working from home. Occupancies and rental rates of commercial office spaces are both down and more will be coming available if trends continue. Conversion of existing office buildings to apartments and condos is also desirable because it recycles construction already done, and comes complete with parking, utilities, stormwater management, and access to entrances already in place. 5. The proposed development utilizes underground (under the parking lots)stormwater management. These systems have a higher incidence of failure than conventional surface stormwater detention and retention ponds/basins, and the city already has an excessively long maintenance cycle for stormwater management structures—the last I heard was a thirty-year interval. The propose system will likely fail before it is maintained and will contribute to flooding problems. That's it. Thank you for hearing my concerns, and I hope you will vote not to approve this proposed development. V/r, Donald R. Bryant, PE, PMP 4491 Nanneys Creek Court Virginia Beach,VA 23457 Hoa N. Dao From: jallen171 @cox.net Sent: Wednesday, October 11, 2023 8:01 AM To: Hoa N. Dao Subject: Silo at Southern Pines Project, 2737 Princess Anne Rd Follow Up Flag: Follow up Flag Status: Flagged C AtlTlnnt 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 current plan for Silo at Southern Pines Project since it violates numerous building codes and statutes. In addition to the increased traffic and strain on current infrastructure. I urge the Planning Commissioners to do the same and deny this Project. • Density is far higher than surrounding area and not within the specific guidance nor the intended spirit of the Comprehensive Plan,the Princess Anne Commons guidance or the PA Historical District Guidance. o Violating these statutes and guidance sets a precedence • Buildings are too tall and take away from the intent of the Princess Anne Corridor leading to the Courthouse area. No residences within 3 miles are this tall (including Spence Crossing). Developer is requesting both 4 story variance and height variance(from 35 up to 55 feet)Sets a precedence •The high noise areas bounded within the ITA and AICUZ 65-70 dB sub Area 2 are effected by this development. This is not in keeping with BRAC, ITA and AICUZ statutes and guidance. This could eventually impact Oceana and sets a precedence for other developers. Sets a precedence • Direct access onto Princess Anne Road is supposed to be forbidden unless there is no other access. The City Traffic Engineers recommend against granting this access. Sets a precedence •The location of the right turnout represents a hazard to residents exiting our collective neighborhoods (PA Crossing, Christopher Farms, Courthouse Farms) at Curry Comb Court. • We question several specifics of this project including how the developer does the density calculations, (actual density on this parcel of 28.1 units per acre on the entire parcel, higher than that outside the ITA),the parking analysis, and drainage issues. Sets a precedence • It appears to us that all Workforce Housing is being put into "phase 2" of this project which is not in compliance with statutes. Sets a precedence •The calculations for workforce housing appear as if this is a standalone project, but the parking analysis and density appear to only include a single project in 2 phases. Sets a precedence •The initial Southern Pines Community was not approved based on phase II in this location. Combining two separate properties in this manner is misleading and attempts to circumvent rules to the developer's benefit, which is inconsistent with fair practices. Sets a precedence • Precedence set is that developers can violate any guidance if they include Workforce Housing. Applies anywhere in the city. Thank you, Janet Allen 2617 Curry Comb Ct Virginia Beach VA 23453 Sent from my iPhone 1 Hoa N. Dao From: Donna Marcialis <marcialisd@gmail.com> Sent: Wednesday, October 11, 2023 5:45 AM To: Hoa N. Dao Cc: Naomi Estaris; Michael Clemons; Michael Anderson; Kathryn Byler; George Alcaraz; Bryan Plumlee; Susan B. Hippen; Holly Cuellar;John H. Coston;William Parks; dhHorsley@vbgov.com Subject: Multifamily Housing Near The Courthouse Follow Up Flag: Follow up Flag Status: Flagged 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. Location: Princess Anne Road near the Courthouse As a Virginia Beach resident, I respectfully insist the planning commission defer this application until the City is absolutely certain that the decision to move forward with this project is in conformance with our BRAC 2005 agreements with the Department of Defense, the Air Installation Compatible Use Zone (AICUZ) rules and the Interfacility Traffic Area (ITA) agreements. Donna Marcialis 1061 Tottenham Lane, VB, VA 23454 marcialisd@gmail.com dmarcialis@cox.net 757-287-2365 i Hoa N. Dao From: Angela Cappello <angela.cappello55@gmail.com> Sent: Tuesday, October 10, 2023 8:12 PM To: Hoa N. Dao Cc: Naomi Estaris; Michael Clemons; Michael Anderson; Kathryn Byler; George Alcaraz; Bryan Plumlee; Susan B. Hippen; Holly Cuellar,jhCoston@vbgtov.com;William Parks;dhHorsely@vbgov.com; City of Virginia Beach Mayors Office; Barbara Henley; Michael Berlucchi;Amelia N. Ross-Hammond; Rosemary C.Wilson;Worth Remick; Sabrina D. Wooten;Christopher Taylor;Joashua F. Schulman; Jennifer V. Rouse Subject: Opposed to Silo at Southern Pines-2737 Princess Anne Rd Follow Up Flag: Follow up Flag Status: Flagged 9CAUTIU 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, As 25yr residents of Princess Anne Crossing directly across from the proposed Silo @Southern Pines, my husband and I are very much opposed to this development and the misleading precedence it would set for future development that is too dense for established utilities and traffic infrastructure to support. The Princess Anne and Holland Rd corridors are developed enough and adding more development would not only be politically greedy but dangerous to existing residents. Thank you for noting our Objection. Angela & Nick Cappello 1 Hoa N. Dao From: dalbisx2@gmail.com Sent: Tuesday, October 10, 2023 7:06 PM To: Hoa N. Dao Subject: Southern Pines Follow Up Flag: Follow up Flag Status: Flagged 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 defer this project until complete studies can be done to ensure that we are not violating any agreements with the United States Government or City of Virginia Beach Zoning codes and that this is a compatible use of the property. There is no reason for this project to be expedited without the due diligence required to investigate and evaluate exceptions, conditions, modifications,variances,and other alterations to the current City of Virginia Beach Code and Policies the developer is requesting. Respectfully, David Albis Cape Story by the Sea i Hoa N. Dao From: Paul Vincelette <pvincelette@cox.net> Sent: Tuesday, October 10, 2023 6:29 PM To: Hoa N. Dao Subject: Silo at Southern Pines Follow Up Flag: Follow up Flag Status: Flagged 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 maintain the beauty and integrity of the Virginia Beach green line. It is imperative that you disapprove the zoning for this project. It will absolutely negatively impact our neighborhoods. Paul Vincelette Commander USN RET Sent from my iPad Hoa N. Dao From: Barbara Reinhardt Vraa <breinhardtvraal3@yahoo.com> Sent: Tuesday, October 10, 2023 5:12 PM To: Madison Byrd Harris Eichholz Cc: Hoa N. Dao Subject: Silo project Follow Up Flag: Follow up Flag Status: Flagged 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, please, please do not fast track or approve that project close to Oceania called the Silo project. It is a huge mistake to build homes or apts just over the boundary from the base!! The plane noise is very loud, the sound of freedom!!, but residents won't like it. It's ridiculous to have a density where the acreage includes unbuildable land. This whole project is wrong!!! Please do not approve it, ever!! Thank you, Barbara Reinhardt Vraa i Hoa N. Dao From: Rhett laehn <rdjfamily@yahoo.com> Sent: Wednesday, October 11, 2023 3:00 PM To: Hoa N. Dao; Amanda F. Barnes Subject: Silo at Southern Pines CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon. I am writing to record my objection to the fast track approval process for the Silo at Southern Pines development. This project violates many statutes for the Princess Anne Corridor. It would be used to set a precedence for seven different statutes including height variances, population density and direct access onto Princess Anne Road. I already have concerns about my teen drivers being able to enter and exit our subdivision safely on Curry Comb Road and this will exacerbate the problem. Please do not expediate this project and please ensure that the develpoers are required to meet our longstanding statutes and guidance for the Princess Anne Corridoor. Sincerely, Dinah Jaehn 2005 Hen House Dr i Hoa N. Dao From: Catalina Jongquist <catalinajongquist@gmail.com> Sent: Thursday, October 12, 2023 5:51 AM To: Hoa N. Dao Subject: Silo at Southern Pines opposition Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. > Good afternoon, > I am a Virginia Beach resident and homeowner in the Princess Anne Meadows neighborhood and I am writing to express my opposition to the Silo at Southern Pines. The proposed housing will cause disturbances to our community, specifically an increase traffic on our roads, leading to safety issues for residents and their children. Thank you for your consideration and have a wonderful day. > Best Regards, > Catalina Jongquist > (757)403-5516 i Hoa N. Dao From: Ryan Barbosa <rbarb4@gmail.com> Sent: Wednesday, October 11, 2023 7:32 PM To: Hoa N. Dao Subject: Silo at southern pines Follow Up Flag: Follow up Flag Status: Flagged 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, >> I am a Virginia Beach resident and homeowner in the Christopher Farms neighborhood and I am writing to express my opposition to the Silo at Southern Pines. The proposed housing will cause heavy traffic and more liability to our community, specifically an increase in cut-through traffic through our neighborhood, leading to safety issues for residents and their children which is already a huge issue with drivers both young and old speeding through the neighborhood and on Holland rd. Thank you for your consideration and have a wonderful day. >> Best Regards, >> Ryan Barbosa >> (757)773-5458 Sent from my iPhone i From:Gill Pressman<gillpressman@gmail.com> Sent:Tuesday, October 10, 2023 1:18 PM To: Planning Administration<PlanAdmn@vbgov.com>; Michael Clemons<miclemon@vbgov.com>; Naomi Estaris<nestaris@vbgov.com>; Holly Cuellar<hcuellar@vbgov.com>; Michael Anderson <mianders@vbgov.com>; Kathryn Byler<kbyler@vbgov.com>; George Alcaraz<gea Ica ra @vbgov.com>; Bryan Plumlee<bplumlee@vbgov.com>;Susan B. Hippen<shippen@vbgov.corn>;John H.Coston <jhcoston@vbgov.com>;William Parks<wparks@vbgov.com>; dhHorsely@vbgov.com; mclemons@odu.edu;City Council<CITYCOUNCIL@vbgov.com> Subject: I support new homes at the Silo at Southern Pinel 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 Virginia Beach City Council and planning commission, I proudly support and encourage you to approve the housing project known as "The Silo at Southern Pine," located at 2737 Princess Anne Road. It is Virginia Beach's workforce that makes our region great;the teachers,firefighters,service workers, enlisted military, and other community members that are our bedrock. However,we have systematically excluded these folks by refusing to build enough housing for them. This project would be the VERY FIRST project in this area of Virginia Beach that provides workforce housing. We must say yes to this project! By providing 53 housing units that are both accessible and affordable to families making between 60%and 100%of AMI, it will be improving the lives of many at a time when it is needed most. In addition to the much needed workforce housing,the project will bring 123 new market rate units to an area of the city that is critically low on supply.This project also fulfills and complies with the vision outlined in the comprehensive plan, specifically in regard to City Council's desire for the provision of workforce housing. Please approve this great project! Gillian Pressman Pronouns:she/her/hers (914) 874-4973 THE MANKLIN JOHNSTON GPOUP"' Virginia Beach Planning Commission 2401 Courthouse Drive Virginia Beach,VA 23456 The Silo at Southern Pine Dear Members of the Virginia Beach Planning Commission: I write on behalf of Franklin Johnston Group regarding The Silo at Southern Pine,a proposed multifamily residential community(which includes a significant workforce housing component)to be located on Princess Anne Road,west of the Municipal Center. During the land use approvals process for The Silo, we have heard unfounded and misleading concerns expressed that the location and design of our project could potentially affect the City's relationship with Oceana NAS. Accordingly,we believe it is important to address this issue directly. The primary concern apparently centers around the Interfacility Traffic Area(ITA)and development within the ITA.The subject property is bisected by the ITA line,with approximately half of the site located within the ITA, and half located outside of the ITA. Following extensive outreach with members of the public,and numerous discussions with City Staff,we have modified the design of The Silo so that all of the residential units will be located on the portion of the property that is outside of the ITA. As a result,no residential unit associated with this project will be located within the ITA. As confirmed by the City Planning Department and City Attorney's Office,the proposed layout is consistent with applicable provisions of the Virginia Beach Zoning Ordinance(including Article 18, "Special Regulations in Air Installations Compatible Use Zones(AICUZ)"). Further,the project is consistent with the recommendations contained in the City's Comprehensive Plan,which call for the concentration of residential development in close proximity to the Municipal Center. Finally,we have presented this project in detail to representatives of NAS Oceana(through the City's Joint Review Process),who have not expressed any concerns with the project,or its proximity to the ITA. The Silo is an important project,as it will provide much needed multifamily and workforce housing in an area of the City that is underserved by these uses. To our knowledge,there is no other modern multifamily workforce housing provided in this part of the City,and due to current limitations in on-base housing,we also understand that there is a significant and urgent need for additional housing opportunities for service members stationed at NAS Oceana and their families. Thank you for the opportunity to address the misinformation we have heard circulating about The Silo. We look forward to presenting our project to you on October I I'. Best, Taylor Franklin,CEO The Franklin Johnston Group 300 32nd Street, Suite 310, Virginia Beach, VA 23451 Phone: 757.965.6200 i-c,x 757-793.4409 www.thefranklinjohnstongroup.com DEPARTMENT OF THE NAVY � NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIANIA BEACH,V[RGINIA 23 460-2 1 9 1 5740 NOOPP October 10, 2023 The Honorable Robert Dyer Mayor City of Virginia Beach 2401 Courthouse Drive Virginia Beach,VA 23456 Dear Mayor Dyer: SUBJECT: CONDITIONAL REZONING APPLICATION—SILO AT SOUTHERN PINES I am writing at the request of City Manager Patrick Duhaney to state the U.S. Navy's position concerning the conditional rezoning application, noted above. I understand that this application will soon come before you and the members of the Virginia Beach City Council, and that questions may remain concerning the application's adherence to Article 18 of the Virginia Beach Zoning Ordinance, Special Regulations in Air Installations Compatible Use Zone (AICUZ). As you know, Article 18 was enacted by the Virginia Beach City Council following the 2005 Hampton Roads Joint Land Use Study(JLUS) as a means to ensure compatible development around Naval Air Station(NAS)Oceana. Together, members of the Virginia Beach and NAS Oceana staffs, known as the Joint Review Process (JRP)group, routinely review applications and provide a statement highlighting whether an application adheres to the requirements of Article 18, and if not, why not. Such JRP statements are included in your municipal staff reports. I have reviewed the JRP statement for The Silo at Southern Pines, and discussed the matter with my staff. I can say that the statement in its most important aspect is correct: the proposed residential units will be located outside the 65 to 70 decibel Day-Night Average noise zone, and therefore not within that portion of the AICUZ overlay known as the Interfaculty Traffic Area. To be clear, the Navy/Virginia Beach JLUS collaboration is, and always has been, exclusively concerned with zoning regulations inside the AICUZ overlay. I therefore have no objection to this application, as it in no way contradicts or violates the terms of Article 18. The JRP statement also notes the elements to be considered when calculating a development's density. I believe this information was included to highlight the fact that a property's location within an AICUZ area is not an element identified to be considered in a density calculation. However, what these density elements are, and how they are interpreted and applied, are solely the business of the City of Virginia Beach. I therefore have no opinion concerning this aspect of the application. 5740 NOOPP October 10, 2023 Lastly, please allow me to reassure anyone who believes that this application endangers NAS Oceana, or the U.S. Navy's relationship with the City of Virginia Beach. This cannot be the case as the application complies with AICUZ zoning regulations. More importantly, the record of nearly 18 years of cooperative collaboration between Virginia Beach and NAS Oceana clearly supports the City's commitment to maintaining the long-term operational viability of the Navy's East Coast Master Jet Base, a vital element of our national defense. My point of contact for this matter is Mr. John C. Lauterbach, who can be reached at (757) 433-2577 or via e-mail at john.c.lauterbach.civ@us.navy.mil. Sincerely, . V. DJ A�Dl . Captain, U.S. Navy Commanding Officer Copy to: Virginia Beach City Manager 77 JOINT CITY-NAVY REVIEW PROCESS GROUP FINDINGS PER THE 2008 MEMORANDUM OF UNDERSTANDING BETWEEN NAVAL AIR STATION OCEANA&CITY OF VIRGINIA BEACH Applicant: The Silo at Southern Pines Meeting Date: September 20, 2023 Meeting Location: 2875 Sabre Street, Suite 500 Attending: Applicant: Taylor Franklin Freddie Fletcher James Noel Rob Beaman Joint Navy-City Staff Group: John Lauterbach, NAS Oceana/Aviation-AICUZ Technical Advisor Kathy Warren, City of Virginia Beach/Planning Carrie Bookholt, City of Virginia Beach/Planning Kaitlen Alcock, City of Virginia Beach/Planning Hoa N. Dao, City of Virginia Beach/Planning Brandon Hackney, City of Virginia Beach/Planning Garek Hannigan, City of Virginia Beach/Planning B. Kay Wilson, City Attorney's Office Joint Review Process Group Page 2 of 4 GPINs 1494-54-7938-0000, 1494-54-3861-0000, 1494-53-4876-0000 BACKGROUND Site Location: 2737 Princess Anne Rd, eastern adjoining pacel, 2520 Allie Nicole Cir AICUZ: Partially within 65-70 dB DNL and Interfacility Traffic Area (ITA) Existing Zoning: AG-1 &AG-2 Agricultural, Conditional A-18 Proposed Zoning: Conditional A-18 Apartment w/Workforce Housing Overlay District on 6.26 acres Existing Use: Multi-family, single-family Proposed Use: Residential Phase II—The Silo at Southern Pines: Rezone±6.26 acres from AG-1&AG-2 to Request: Conditional A-18 w/Workforce Housing Overlay to add 176 apartment units. Phase I -Southern Pine has 240 apartment units. "As part of the Virginia Beach Zoning Ordinance, the administration of Article 18, Special Regulations in Air Installations Compatible Use Zones (AICUZ), is wholly the responsibility of City of Virginia Beach staff. Participation in the Joint Review Process Group by U.S. Navy personnel assigned to Naval Air Station Oceana is limited to providing technical advice on matters such as the U.S. Navy AICUZ Instruction,from which Article 18 is derived, and questions pertaining to naval air operations. All conclusions and opinions with respect to an application's adherence to the requirements of Article 18 are solely those of the City of Virginia Beach staff." RELEVANT FACTS ASSOCIATED WITH PROPOSAL The applicant is requesting an evaluation to rezone the 6.26-acre site from AG-1&AG-2 Agricultural District to Conditional A-18 Apartment District w/Workforce Housing Overlay District for development of up to 176 additional apartment units, resulting in an overall density of 18.94 units per acre. Phase I - Southern Pines is developed with 240 units on 15.7 acres.The site is partially located within the 65 to 70 dB DNL, ITA of the AICUZ. Section 1806 of the Zoning Ordinance provides regulations that apply to discretionary development applications for residential uses with this AICUZ. Joint Review Process Group Page 3 of 4 GPINs 1494-54-7938-0000, 1494-54-3861-0000, 1494-53-4876-0000 APPLICABLE ZONING ORDINANCE PROVISIONS Sec. 1803(a) -Applicability The provisions of this Article [18] shall apply to discretionary development applications for any property located within an Accident Potential Zone (APZ) or 65-70 dB DNL, 70-75 dB DNL, or >75 dB DNL Noise Zone, as shown on the official zoning map, that have not been approved or denied by the city council as of the date of adoption of this Article. For purposes of this Article,discretionary development applications shall include applications for: 1) Rezonings, including conditional zonings; 2) Conditional use permits for new uses or structures, or for alterations or enlargements of existing conditional uses where the occupant load would increase; 3) Conversions or enlargements of nonconforming uses or structures, except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase; and 4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased. Section 1806—Discretionary Development Applications for Residential Uses: (a) Notwithstanding the provisions of section 402(b) and 405 (Alternative Residential Development in Agricultural Districts), residential development on property within the Interfacility Traffic Area shall be limited to single-family dwellings at a density no greater than one (1) dwelling per fifteen (15) acres of developable land. EVALUATION The Joint Review Process Group (JRP) evaluated this request for compliance with the above provisions of Section 1806 of the City Zoning Ordinance. Residential developments within this area of the AICUZ are recommended to have a density of no greater than one (1) dwelling per fifteen (15) acres of developable land. The proposed development does not include any residential dwelling unit within the limit of the ITA. i. c A ,r Joint Review Process Group Page 4 of 4 GPINs 1494-54-7938-0000, 1494-54-3861-0000, 1494-53-4876-0000 Section 200 of the Zoning Ordinance provides guidelines for the purpose of determining density. (a) Density, lot coverage,floor area ratio and lot area. For purposes of determining allowable dwelling unit or lodging unit density, lot coverage,floor area ratio and minimum lot area requirements,the following shall be included: (1) Public and private utility easements,so long as the total width of the easement is twenty (20)feet or less; (2) Easements for ingress and egress in favor of others; (3) Special flood hazard areas; (4) Manmade drainage areas and the easements over them constructed primarily for storage and retention of stormwater runoff on the lot and conveyance from the lot except that only the first ten (10)feet of such areas closest to their boundary shall count toward minimum lot size requirements. (b) The following shall not be included in determining the allowable dwelling unit or lodging unit density, lot coverage,floor area ratio and minimum lot area requirements: (1) The floodway portion of any floodplain; (2) Any body of water except as mentioned above; (3) Any manmade drainage areas such as borrow pits and the easements over them constructed primarily for purposes other than storage and retention of stormwater; (4) Wetlands; (5) Any part of a public or private utility easement whose total width is more than twenty(20) feet; and As the current regulation does not prohibit land located within the ITA to be counted toward density credit, it is the opinion of the Joint Review Process Group that the proposal, as presented meets the specification set forth in Section 1806 of the Zoning Ordinance. For the City-Navy Joint Review Process Group— Hoa N. Dao Planning Evaluation Coordinator Department of Planning and Community Development �R 5 R � e B2 ��ake R5R. /RSR a� R LM f ° M �a � � ke Sri W ve UZI 0 a B? O Be R5 R � ach � COy % R5R e pia O i R5R A1�2 0 1 N Site Property Polygons Commonwealth Brewing Company, LLC W F Portion of the 50-foot right-of-way of Lake Drive, east of Pleasure S Zoning Building House Road & 2440 & 2444 Pleasure House Road Feet 01530 60 90 120 150 180 Momr.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Commonwealth Brewing Company, LLC for the Closure of a Portion of Lake Drive Adjacent to 2444 Pleasure House Road MEETING DATE: October 17, 2023 ■ Background: Commonwealth Brewing Company, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of a 7,130 sq. ft. portion of Lake Drive (the "Right-of-Way"), adjacent to its property located at 2444 Pleasure House Road (GPIN: 1570-50-2725), for the purpose of incorporating the closed area into its adjoining property. The Applicant operates a brewery on its property and closure of the Right-of-Way will enable the Applicant to expand its business and accommodate additional outdoor seating and parking spaces. In conjunction with this street closure application, the Applicant is also pursuing a separate action for Modification to the existing Conditional Use Permit for the expansion of its business. ■ Considerations: The property is located within the Shore Drive Corridor Overlay District. The Applicant appeared before the Bayfront Advisory Commission ("BAC") on June 15, 2023 and the BAC is supportive of the closure of the Right-of-Way. City Pump Station #302 is adjacent to and accessed from the Right-of-Way. The portion of the Right-of-Way shown as "Area 2" on Exhibit A attached to the Ordinance will be conveyed to the City for future expansion of the pump station. Additionally, public drainage and utility easements over the portion of Right-of-Way shown as "Area 1" on Exhibit A will be dedicated to the City for the drainage and utility facilities located within the Right-of-Way and to provide access to the pump station. The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, will not result in any public inconvenience. Staff received one letter of support and one email of opposition to the request. ■ Recommendation: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to City Council with the below conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach Commonwealth Brewing Company, LLC Page 2 of 2 shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of (a) a public utility easement over the entire "Area 1" of the Right- of-Way; and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The Applicant, or the Applicant's successors or assigns, shall convey "Area 2" of the closed portion of the Right-of-Way to the City of Virginia Beach. 4. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within "Area 1" of the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicant shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right- of-Way and within Area 2 of the Right-of-Way. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the Right- of-Way, this approval shall be considered null and void. IN Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Letter of Support (1) Email of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep ment/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 COMMONWEALTH BREWING COMPANY, LLC 3 FOR THE CLOSURE OF A PORTION OF LAKE 4 DRIVE ADJACENT TO 2444 PLEASURE HOUSE 5 ROAD 6 7 WHEREAS, Commonwealth Brewing Company, LLC, a Virginia limited liability 8 company (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, 9 to have the hereinafter described portion of an improved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THOSE certain pieces or parcels of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA 1 / PORTION OF ROW AREA: 5,053 SF 28 (0.11 AC)" and "AREA 2 / EAST PORTION OF ROW AREA: 29 2,077 SF (0.05 AC)", and shown as the cross hatched area on 30 that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT SHOWING PORTION OF LAKE DRIVE 32 BETWEEN BLOCKS 6 AND 11 , CHESAPEAKE SHORES 33 (MB. 8, P. 82, MB. 9, P. 61 AND INSTR.#2017315000214250) 34 TO BE CLOSED VIRGINIA BEACH, VIRGINIA", Scale: 1" = 35 30', dated July 18, 2023, prepared by John Sandow 36 Engineering, LLC, a copy of which is attached hereto as 37 Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 No GPIN Assigned (City Right-of-Way) 45 Adjacent GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 46 1. The City Attorney's Office will make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 48 Beach shall be determined according to the "Policy Regarding Purchase of City's 49 Interest in Streets Pursuant to Street Closures," approved by City Council. 50 51 2. The Applicant, or the Applicant's successors, or assigns shall resubdivide 52 the property and vacate internal lot lines to incorporate the closed area into the 53 adjoining parcels. The resubdivision plat must be submitted and approved for 54 recordation prior to the final street closure approval. Said plat must include the 55 dedication of (a) a public utility easement over the entire "Area 1" of the Right-of-Way; 56 and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which 57 easements are subject to approval of the Department of Public Utilities and Department 58 of Public Works, respectively, and the City Attorney's Office, and which easements shall 59 include a right of reasonable ingress and egress. 60 61 3. The Applicant, or the Applicant's successors or assigns, shall convey 62 "Area 2" of the Right-of-Way to the City of Virginia Beach. 63 64 4. The Applicant, or the Applicant's successors or assigns, shall verify that 65 no private utilities exist within "Area 1" of the Right-of-Way proposed for closure. If 66 private utilities do exist, easements satisfactory to the utility company must be provided 67 and shall be recorded after the final resubdivision plat is recorded with the Clerk of 68 Circuit Court. 69 70 5. Prior to the finalization of the street closure, if any improvements are to 71 remain or be constructed in the public utility and drainage easements to be dedicated 72 over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to 73 the City of Virginia Beach, the Applicants shall apply for an encroachment agreement 74 with the City for the improvements located or to be located in the public utility and 75 drainage easements over Area 1 of the Right-of-Way and within Area 2 of the Right-of- 76 Way. 77 78 6. Closure of the Right-of-Way shall be contingent upon compliance with the 79 above stated conditions within 365 days of approval by City Council. If the conditions 80 noted above are not accomplished and the final plat is not approved for recordation 81 within one (1) year of the City Council vote to close the Right-of-Way shall be 82 considered null and void. 83 84 SECTION III 85 86 1. If the preceding conditions are not fulfilled on or before October 16, 2024, 87 this Ordinance will be deemed null and void without further action by the City Council. 88 89 2. If all conditions are met on or before October 16, 2024, the date of final 90 closure is the date the street closure ordinance is recorded by the City Attorney. 91 3. In the event the City of Virginia Beach has any interest in the underlying 92 fee, the City Manager or his designee is authorized to execute whatever documents, if 93 any, that may be requested to convey such interest, provided said documents are 94 approved by the City Attorney's Office. 95 96 4. The City Manager or his designee is further authorized to execute all 97 documents that may be necessary or appropriate in connection with accepting "Area 2" 98 of the Right-of-Way, including such terms, conditions and modification as may be 99 acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. 100 101 SECTION IV 102 103 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 104 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 105 VIRGINIA BEACH (as "Grantor") and COMMONWEALTH BREWING COMPANY LLC 106 ("Grantee"). 107 108 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 109 of _ 2023. 110 111 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 112 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16061 \\vbpov.comWfs 1\applications\citylaMcycom32\wpdocs\d0271047\00915715.doc R-1 September 29, 2023 REFERENCES: LEGEND AND ABBREVIATIONS: N 1. BOUNDARY INFORMATION TAKEN FROM BOUNDARY AND BSL BUILDING SETBACK LINE TOPOGRAPHIC SURVEY PREPARED BY MID-ATLANTIC SURVEYING ESMT EASEMENT AND LAND DESIGN AND DATED D6/23/2021. ROW RIGHT OF WAY DENOTES TOTAL AREA OF ROW TO BE CLOSED (7,130 SF(0.16 AC) NOTES: AREA 5,053 SF/0.11 AC 1. THIS EXHIBIT IS INTENDED TO SHOW THE INTENDED LOCATION AND AREA 2,077 SF/0.05 AC NATURE OF THE EXTENT OF THE PROPOSED ROAD CLOSURE AND EASEMENTS INDICATED RELATIVE TO THE OTHER ITEMS SHOWN. N BEERY VENTURES LL � 74'1942"W f ► INST 201901310,00080 ry — 0.0� MB 9 PG 61 _ 6 � 4 31.42' GPIN: 1570-50-2959 ♦; (D.B. i30 P; 238) A .3 NIF g Q S74. 19' 80.4 cm DF Rc1Nw B�acrl d 0 10.5' °s 113.75' ' PS-302 (D.B. 1301, PG. 296) o� M.• 15705039160000 3 N15' 40' 18.20'E S74' 19' 41.80"E O J 90.00' _\� N 79> W- 36.13' Q�Q N15' 40' 18.20"E _; r 4x j 50.00' CV LA AREA 2 / EAST AF DR V PORTION OF ROW y R % AREA: 2,077 SF (0.05 AC) R 20.00 E Q SY 28' 32.70"W 31.42' J 51.15' m e j 7 ' 1,9' 4 80"W OZW �- 124. 6' N74' 19' 41.80" 46.94' j a M / N � AREA 1 / PORTION Q 0 o C ONWEALTH BREWING COMPANY L OF ROW s N PARCEL A, BILK. 6 CHESAPEAKE SHORES �' AREA: 5,053 SF F- I TR#20170315000214250; MB 8 P 82 11 AC ... r INST#20220301125.001 0, ) I GPIN: 1570-50-2725-0000 Z STREET CLOSURE EXHIBIT SHOWING: PORTION OF LAKE DRIVE BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES(MB.8,P.82,MB.9,P.61 AND INSTRA2017315000214250)TO BE CLOSED 08b VIRGINIA BEACH,VIRGINIA JULY 18,2023 / SCALE: 1"=30' DB:JS CB: JS JSE PROJECT#: 0662101 John Sandow Engineering,LLC 4104 Clintwood Lane 0 20 40 Virginia Beach,VA 23452 Phone:757-377-6971 Feet www.johnsandowengineering.com SCALE: 1"=30' Applicant Commonwealth Brewing Company, LLC Agenda Property Owners Commonwealth Brewing Company, LLC, City Items of iti, ' • • ' • September 1 Virginia Beach Council • Requests #2-Street Closure (Lake Drive) #3- Modification of Conditions (Craft Brewery) Staff Recommendation Approval 8R41DPO '�' RVALF° ��,._`'F RD Pr x c h Staff Planner A ., capKr wq�E Hoa N. Dao cIJ "1sr RO Location 07 KE Lfeq,T ' Portion of the 50-foot right-of-way of Lake Drive � L'a'rEoAVE ff that is east of Pleasure House Road, 2440& t e 2444 Pleasure House Road GPINs " o x POwELLSPoar 1570501631, 1570502725 STHST Rn Site Sizes 7,130 square feet(STC) AMC a a 43,866 square feet (MDC) AICUZ Less than 65 dB DNL Watershed Chesapeake Bay _ •,�+ Existing Land Use and Zoning District r ` # '`'' - • .� Craft brewery, eating&drinkingestablishment, ar � - rave public pump station, improved City right-of-way 'V e'. /B-2 Community Business r, Surrounding Land Uses and Zoning Districts North Office, City Pump Station/B-2 Community • .f ` `` •. Business $OUtha .' r m Judge Lane a4: g 1 1 Single-family dwelling, multi-family dwellings / e� B-2 Community Business,A-12 Apartment East Northampton Boulevard West Pleasure House Road Single-family - g y dwellings,e gs, Duplex/R 5R Residential Commonwealth Brewing Company, LLC Agenda Items 2&3 Page 1 Background SummaryofProposal • The applicant has operated a Craft Brewery on property zoned B-2 Community Business District since 2015 and is seeking,through these requests for a Street Closure and Modification of Conditions,to expand their business to accommodate additional outdoor seating and parking spaces. • The Street Closure request is for closure of the entire portion of Lake Drive (approximately 7,130 square feet) located between Pleasure House Road and Northampton Boulevard.The area proposed for closure will be incorporated into the applicant's adjoining parcels and the City's pump station parcel. • The Modification of Conditions request is required for an after-the-fact expansion to the Craft Brewery,specifically expansion of its outdoor seating areas and parking lots. • The property is located within the Shore Drive Corridor Overlay District.The applicant appeared before the Bayfront Advisory Commission (BAC)on June 15, 2023,to share details of the requests.The BAC is supportive of the street closure and the expanded outdoor seating. • As depicted on the concept plan, outdoor seating areas are located on the western and southern sides of the building. Overhead shade sails are proposed to be installed over the outdoor seating area that is located south of the building. • Multiple Notice of Violations were issued to the property owner since the required improvements associated with the 2014 Conditional Use Permit approval for the Craft Brewery have not been completed and expansion to the craft brewery was done without obtaining the proper permits. • Section 203 of the Zoning Ordinance requires one parking space per every 100 square feet of area open to the public for drinking, eating, and congregating, one parking space per employee on the maximum working shift, and one parking space per every 400 square feet of floor area for wholesaling and distribution operation. With the added outdoor seating areas, a total of 83 parking spaces are required; 73 parking spaces are provided on-site, including three motorcycle parking spaces.A parking study was submitted to and approved by the Zoning Administrator pursuant to Section 203(b)(11) of the Zoning Ordinance to allow a reduction to the parking requirement. • The Craft Brewery hours of operation are Monday through Friday from 5:00 AM to 2:00 PM,while the eating and drinking establishment, a by-right use in the B-2 District,operates Monday through Thursday from 8:00 AM to 10:00 PM, Friday and Saturday from 8:00 AM to midnight, and Sundays from 8:00 AM to 9:00 PM. - RSR R5R 82 Ave. R5R Zoning History /� # Request m uKIt 1 CUP(Craft Brewery)Approved 12/09/2014 a 2 SVR(Section 4.4(b))Approved 10/12/2004 n 3 CRZ(A-18&B-2 to PD-1-12(A-12))Approved 11/26/2002 asR a _ 2 4 CRZ(13-2 to PD-H2(R-5R))Approved 11/23/1999 Al2 R5R �4QG I FCC, RSR 2 L__- Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions TFR Street Closure SVR—Subdivision Vaziance REZ—Rezoning MDP—Modification of Proffers Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezonin NON—Nonconformin Use Alternative Comp]ance STR—Short Term Rental Evaluation - • • • The applicant's request to close a portion of Lake Drive and to expand the footprint of the Craft Brewery to accommodate additional outdoor seating and parking, in Staffs opinion,are acceptable.The Craft Brewery has been operating since converting the former volunteer fire station building in 2015.The proposed street closure and expansion to the parking lot will provide additional on-site parking for patrons.This site is located in the Suburban Area of the City, within the Shore Drive Overlay.The Comprehensive Plan calls for reuse and revitalization of existing commercial properties in this area, as such,this proposal and use is supported by the Comprehensive Plan. Furthermore,the proposed street closure would not negatively affect the Master Transportation Plan or transit routes. For Street Closure: As required by City Code, a Viewers' Meeting was held on April 27,2023,that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the Office of the City Attorney,to consider the request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. As this portion of the right-of-way is improved, a super majority vote from City Council will be required to approve the closure request. City Pump Station#302 is adjacent to this site and accessed from Lake Drive. A portion of the closure area, depicted as "Area 2"on the street closure exhibit,will be conveyed by the City for future expansion of the pump station. Staff recommends Conditions 3,4, and 5 to establish a public drainage and utilities easements over the closed portion of the street and to provide access to the pump station. Condition 6 is recommended to ensure that any impediment into any easement is approved by the City to ensure adequate maintenance of the pump station. For Modification of Conditions: As previously stated,this is an after-the-fact request as the applicant already expanded the outdoor seating area and parking lot without obtaining the proper approvals and permits. Approval of this request would require the applicant to construct and install all required improvements,such as curb and gutter, paved parking, and sidewalks to bring the site into conformance with the Public Works Design Standards Manual. The applicant also owns the adjoining parcel (2456 Pleasure House Road)to the north.With the exception of the 1,000 square foot unit that is used by the applicant for a wholesale and distribution operation requiring three parking spaces, the applicant is proposing to designate the remaining 21 parking spaces on this parcel to accommodate required parking for the brewery.The applicant has agreed that the building will not be occupied by another use that requires additional parking spaces. Condition 7 is recommended to address this request. Despite the additional parking spaces on the adjacent parcel,the Craft Brewery is deficient in parking by 10 spaces. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required. Section 203(b)(11)allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle."As required,the Zoning Administrator determined that while 83 spaces are typically required for the craft brewery, eating and drinking establishment, and wholesale and distribution operation,the reduction to the minimum number of required parking spaces from 83 to 73 spaces is justified. A field observation conducted by McPherson Consulting during peak operation hours showed a maximum parking occupancy of 63 vehicles on site. The site is within a half-mile distance from Chic's Beach and is a destination for pedestrians visiting the beach. In addition, it was observed that patrons often arrived/departed via app-based transportation services such as Uber or Lyft. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 3 The applicant acquired the corner parcel at Judge Lane and Pleasure House Road (2440 Please House Road) in 2018 and added gravel to the site for parking and an outdoor seating area.The applicant seeks to maintain the gravel parking surface in this area until the applicant can acquire the adjoining eastern parcel (4704 Judge Lane) and further expand the parking area.The use of gravel for alternative parking surface has been considered and approved by the Director of Planning and Community Development per Section 203(b)(5)of the Zoning Ordinance. Condition 6 is recommended to address this request. Pleasure House Road is currently under capacity and can accommodate the small increase in traffic volume generated by this proposed brewery expansion. As depicted on the concept plan,the applicant intends to provide right-of-way dedication and installation of a sidewalk along Pleasure House Road.This is consistent with the City's future plan to widen Pleasure House Road. Based on the above considerations, Staff is recommending approval of these requests,subject to the conditions listed below. Recommended Conditions for 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 of Virginia Beach shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant,or the applicant's successors or assigns shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a)a public utility easement over the entire"Area 1" of the Right-of-Way;and (b) a public drainage easement over the entire"Area 1" of the Right-of-Way,which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively,and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall convey"Area 2" of the closed portion of the right-of-way to the City of Virginia Beach. 4. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within"Area 1" of the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach,the Applicants shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right- of-Way and within Area 2 of the Right-of-Way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one(1)year of the City Council vote to close the rights-of-way,this approval shall be considered null and void. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 4 Recommended Conditions for MDC 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan"dated August 27,2023, by John Sandow Engineering, LLC,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 3. Prior to final site plan approval,the applicant,or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to consolidate the lots.The plat must be submitted and approved for recordation by the Department of Planning&Community Development. 4. The applicant shall submit a site plan to the Department of Planning&Community Development, Development Services Center,within 90 days from the date of City Council approval of this request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway.The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as"Parking Area E"on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5)years from the date of City Council approval of this request. Upon expiration of the five- year period or until the applicant acquired the adjoining parcel (4704 Judge Lane),whichever the earlier,the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. 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. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval,the applicant shall submit a Shared Parking Agreement to the Department of Planning& Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1)employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted,which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m.to 5:00 p.m.The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 5 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Conditions f • 1 ' 1. The site shall be developed in substantial conformance with the submitted plan entitled "Site Plan Commonwealth Brewing Upfit,2444 Pleasure House Rd,Virginia Beach,VA" dated 11/04/2014,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The building elevations shall be developed in substantial conformance with the submitted elevations entitled "Rendered Building Elevations Commonwealth Brewing Upfit, 2444 Pleasure House Rd,Virginia Beach,VA"dated 08/29/2014,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Deliveries shall only occur from 8:00 a.m.to 5:00 p.m.The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 4. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway.The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 5. Parking space#11 shall be used for motorcycle parking only. 6. All signage on site shall conform to the Sign Regulations of the City of Virginia Beach. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area and Shore Drive Corridor Overlay District.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new developments or redevelopment,whether residential or non-residential, either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings,environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type,size, intensity,and relationship to the surrounding uses. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Preservation Area. There does not appear to be any cultural features on the site. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 6 'Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use'—617 ADT Pleasure House Road 7,200 ADT' 12,500 ADT'(LOS°"D") Proposed Land Use 3—617 ADT *No Data Available 1 Average Daily Trips 2 as defined by a 10,229 square 3 as defined by a 10,229 square 4 LOS=Level of Service feet brewery feet indoor brewery. *No information available in the ITE Trip Generation Manual for outdoor seating area Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of Pleasure House Road is considered a two-lane undivided collector/local street. The Pleasure House Road Street Improvements Phase II Capital Improvement Program (CIP) project is slated for this section of roadway. This project will provide street and safety improvements, along with bike accommodations and a five-foot sidewalk. Construction is scheduled to begin in late 2029 with a completion date of July 2031. Public Utility Impacts Water&Sewer The subject property is connected to 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 August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 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 October 13, 2023. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 7 Proposed Street ClosureExhibit REFERENCES: LEGEND AND ABBREVIATIONS: N i BOONDARt INFORMATION TAKEN FROM BOUNDARY AND BSL BU:LDiNG SETBACK L'�NE TOPOGRAPHIC SURVEY PREPARED BY MID-ATLANTIC SURVEYING ESMT EASEMENT AND LAND DESIGN AND DATED 06/23/2021, ROW RIGHT OF WAY DENOTES TOTAL AREA OF ROW TO BE CLOSED j (7,130 SF(0.16 AC) NOTES: ARFA1 S,043SF/011AC 1. Tl,iS EXHIBIT IS INTENDED TO SHOW THE INTENDED LOCATION AND AREA 2 2,077 SF/0.05 AC NATURE OF THE EXTENT OF THE PROPOSED ROAD CLOSURE AND EASEMENTS INDICATED RELATIVE TO THE OTHER ITEMS SHOWN rl f s N/F BEERY VENTURES LLC ry 7f'1942'01 I N ST#201 901 31 0000809 40 F R-20.00 1 MB 9 PG 61 4 L=31.42't GPIN: 1570-50-2959-0000 f S74' 19, .80- c4 y' ClT1 OF NIF N IA BEACH t f 10.5' F113.75' / P5-.302 1/jq (DR 1.301, fG. 296) cy O (us 9 RPG^61 J N15' 40' 18.20"E S74' 19' 41.80"E � 90.00' N15' 40' 18.20"E A, g 36.13' a 1A �'�. AREA 2 / EAST SAR D PORTION OF ROW (y � � AREA: 2,077 SF f � (0.05 AC} R=20.00' p S3' 28' 32.70"W L=31.42' J 5t.t5' m M _ 74' 19' 4 0"W Z `� 1 124. 6' N74' 19' 41.80"W 0 W / r 46.94' a = � N AREA 1 / PORTION Q 0 o ONWEALTH BREWING COMPANY 1-1c >� OF ROW = vj - PARCEL A, BLK. 6 _ CHESAPEAKE SHORES AREA: 5,053 SF F- ' INS`TR/201 70 31 5000 21 4 2 50; MB 8 P 82 (0.11 AC) INST#20220301125.001 O GPIN: 1570-50-2725-0000 Z STREET CLOSURE EXHIBIT SHOWING: PORTION OF LAKE DRIVE BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES(MB.8,P.82,MB.9,P.61 AND INSTR.#2017315000214250)TO BE CLOSED VIRGINIA BEACH,VIRGINIA C58b JULY 18,2023 / SCALE: 1"=30' DB:JS CB: JS 1SE PROJECT M 0662101 John Sandow Engineering,LLC 4104 Clintwood Lane 0 20 40 Virginia Beach,VA 23452 I Phone:757.377-6971 l 1 1 1 I Feet www.johnsandowengineering.com SCALE.1"=30' Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 8 U M 01 06 W j N (O C N d Q Q) E ++ O N W c v LL�SO 3 L co ccx.e4 m„rolav- rµwes�„xY»L.roYD s�>,s asa rF:R r a � Ysr cr-iwun wNr..YI1Yd. Y>r)n nnr ,uar am v e` SVr�S:R�(NfMIMIq 90+rnsrY:lw./��M��A'•Y S:eRe"a(�R•E 4YMF9)6 0Y1l�Ae I Y K 9T 5 liR'MM)R��tll^.4Y) V1'Y 7'F �'y[ � {An:MirY)Y-11.n6 9WM1Y. SJ..o 1 �..� �O X026 Y.BCL Y Y Ot cc'cs-,gowr..e:re8smr r�x.ovmrY„•ao. , ,,�-•'`',,�.-�•'' y'- 3 PJ10N AAJVAtM 9NDPWd 3118 ....+�^' ;•"'�"�'�'.qi i 177 T F �� I114911Y1OY a � Z � '� - -"�� aien�iaw� � ��� �� � r• �� RY i .�4�"a,, i � � I � n � �6 �4� - .7 Jn 0 V q� Z �� 2 �` � oa d�onv\ 1.•-=1J�J Atrvn a�f F Y 6OO A �'�. _ ., ��, �m ' P I Frew m �r%"• 1�'� a. ,Y,r.o Ya 1. y. tSy� w� `\ �Y.�+mYYs�� ryor a'ar.vae lamx�R � i �wm n"w c'ru'�rn e�.ml.sa .orR� .ra/arAi �n3emana - �► _ (IN RM10H HUSUld .YYIn ---- -'- - •. -_._.. -. Glaltleo»vnw�nuas u®.waav __ � _ _ _ - - rrw .-.- 5 �- I 1 Y • I WV r • Proposed Shade Sails ri s F x r: Site Photos .7: .may v .� ��.. 'fart ��"�; -�• a � 3 C T a e >Y. fk �Y l M le 4e+ Site Photos IE =— Ir Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 12 �ry 4 t s. "Site Photos i Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 13 Disclosure Disclosure Statement VB 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 Commonwealth Brewing Company,LLC Does the applicant have a representative? N 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?0 Yes ❑No If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jeramy Biggie,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant- (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(it)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, it Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 14 Disclosure Disclosure Statement X ID VFO City of Vi Wy ;B.n 4� Planning&Community Development Known Interest by Public official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? 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. Chesapeake Beach Volunteer Fire and Rescue Department,Inc.;Navy Federal Credit Union;US Small Business Administration 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑NO • If yes,identify the firm and individual providing the service. Ginger Pickett,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®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. 2 � Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 15 Disclosure Disclosure Statement x VAD edy,tf tn-4m 8—* Planning&Community , Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes C3 No • If yes,identify the firm and individual providing the service. John Sandow,John Sandow Engineering,LLC 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 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. Commonwealth Brewing Company,LLC By: Applicant Si ature Jeramy Bikgie,President Print Name and Title L�1 � Date Is the applicant also the owner of the subject property? M Yes ❑No • if yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications No© hanges•s of c date 20`13.�9.26 51 nature i g Print Name Hoa N.Dao � i Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 17 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Items #2 & 3 Commonwealth Brewing Company, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you sir. Next item on the consent agenda are items number two and three. We'll run those two together, Commonwealth Brewing Company, LLC, Commonwealth Brewing Company, LLC and the City of Virginia Beach. Mr. Bourdon: Thank you, Mr. Horsley. Mr. Chairman, members of the commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing the applicants other than the City of Virginia Beach and with regard to the street closure, the six recommended conditions are acceptable to Commonwealth Brewing and with regard to the modification of conditions, the modified 10 conditions recommended by staff are acceptable. Mr. Jeremy Biggie, who is the owner of Commonwealth Brewing Company, is here in attendance this afternoon. We appreciate all the hard work by Hoa and staff on this and appreciate being on the consent agenda. Mr. Horsley: Thank you, sir. Is there any opposition to these items? Thank you. I should have asked for that first. These are items number two and three. Mr. Coston is going to read these items. Mr. Coston: The applicant has operated a Craft Brewery on property zoned B-2 Community Business District since 2015 and is seeking through these requests for a Street Closure and Modification of Conditions to expand their business to accommodate additional outdoor seating and parking spaces. The Street Closure request is for closure of the entire portion of Lake Drive located between Pleasure House Road and Northampton Boulevard. The area proposed for closure will be incorporated into the applicant's adjoining parcels and the city's pump station parcel. Modification of Conditions request is required for an after-the-fact expansion of the Craft Brewery, especially expansion to its outdoor seating areas and parking lots. This property is located within the Shore Drive Corridor Overlay District. The applicant appeared before the Bayfront Advisory Commission on June 15, 2023 to share details of the request. The BAC is supportive of the Street Closure, and the expanded outdoor seating. The city has also, the Council Commission has also recommended approval, and therefore, we've placed them on the consent agenda. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT Recommended Conditions for STC: 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 of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant, or the applicant's successors or assigns shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a)a public utility easement over the entire "Area 1" of the Right-of-Way; and (b)a public drainage easement over the entire "Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall convey "Area 2" of the closed portion of the right-of-way to the City of Virginia Beach. 4. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within "Area 1" of the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicants shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right-of-Way and within Area 2 of the Right-of-Way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. Recommended Conditions for MDC: 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall submit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days from the date of City Council approval of this request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5) years from the date of City Council approval of this request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area F in accordance with City Code requirements. 7. 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. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10.Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. PPL £ CIVic September 12, 2023 Planning and Community Development Department 2104 Courthouse Drive Virginia Beach,VA 23462 Dear Planning Commission and City Council Members: On behalf of the membership of the Chesapeake Beach Civic League (CBCL) and the neighbors we represent,this letter serves to officially state that we have no opposition to the Commonwealth Brewing Company Conditional Use Modification and Street Closure Application. Since it's opening over eight years ago, Commonwealth Brewing Company has been a terrific addition to our community and strong supporter and partner of the efforts of the CBCL.The CBCL Architectural Preservation and Zoning Committee's recommendation is to approve the conditional use modification and support the closing of the street as it will have no negative impact on the residents or visitors of Chesapeake Beach, and in fact is expected to add value to the neighborhood. I am available should you have any follow up questions or request my appearance in person to confirm our support. Sincerely, i, &,I. -;0,P , Cami Best-Jones, President Chesapeake Beach Civic League cxbcivicleague@gmail.com Cc:Jeramy Biggie, Commonwealth Brewing Company;Joash Schulman,VB City Council;John Coston,VB Planning Commission;Anita R.H. McCorkle,Sykes, Bourdon,Ahern & Levy, P.C. From:Jeffrey Haskins<049erfan@gmaiLcom> Sent:Saturday,September 9, 2023 4:11 PM To: Madison Byrd Harris Eichholz<MBHarris@vbeov.com>; Planning Administration <PlanAdmn@vbgov.com> Subject: Planning Commission Sept 13 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, I read the staff report agenda the Sept 13 planning commission related to Commonwealth Brewery LLC and need additional regarding the expansion of parking specifically Parking Area D. I will be out of town and will be unable to attend this the meeting. As a resident who lives across the street this impacts me negatively The additional parking will cause excessive noise impacting the quality of life. I would like to see additional information as the expansion of the current parking causes additional noise from vehicles, motorcycles and pedestrian traffic. My concerns. 1. Often be times vehicles leave the brewery at high speed and pedestrians can be found drunk and being loud at all hours past closing time. 2.The brewery runs a vehicle trunk adjacent to item 2 and often runs all night which causes excessive noise, I can't even have the windows open at night due to this noise. I can't even enjoy the backyard due to this noise . 3. How is the brewery going to handle these concerns which has not be addressed. 4.Are noise abatement mitigation will be put in place? I am against the expansion currently. Jeff Haskins Sent from Gmail Mobile ke /rRSR 1 co, ake Q � i CD -Pill 00, B2 ' o CL ear r Co Rs R5R � -�, _ A1-2 I j N Site " .m. Commonwealth Brewing Company, LLC W E Property Polygons Portion of the 50-foot right-of-way of Lake Drive, east of Pleasure S Zoning Building House Road & 2440 & 2444 Pleasure House Road Feet 0 1530 60 90 120 150 180 rz :� CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: COMMONWEALTH BREWING COMPANY, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Craft Brewery) for the property located at 2440 & 2444 Pleasure House Road (GPINs 1570501631, 1570502725). COUNCIL DISTRICT 9 MEETING DATE: October 17, 2023 ■ Background: The applicant seeks a Modification of Conditions request for an after-the-fact expansion to the Craft Brewery and a Street Closure request that will be considered under a separate cover. The applicant has operated the brewery on this property since 2015 and is seeking, through these requests for a Street Closure and Modification of Conditions, to expand their business to accommodate additional outdoor seating and parking spaces. The applicant acquired the corner parcel at Judge Lane and Pleasure House Road (2440 Pleasure House Road) in 2018 and added gravel to the site for parking and an outdoor seating area. The applicant seeks to maintain the gravel parking surface in this area until the applicant can acquire the adjoining eastern parcel (4704 Judge Lane) and further expand the parking area. The use of gravel for alternative parking surface has been considered and approved by the Director of Planning and Community Development per Section 203(b)(5) of the Zoning Ordinance. The property is located within the Shore Drive Corridor Overlay District. The applicant appeared before the Bayfront Advisory Commission (BAC) on June 15, 2023, to share details of the requests. The BAC is supportive of the street closure and the expanded outdoor seating. ■ Considerations: The Planning Commission concurs with Staff's findings and recommends approval of the Modification of Conditions request. A total of 83 parking spaces are required while 73 parking spaces are provided on- site, including three motorcycle parking spaces. A parking study was submitted to and approved by the Zoning Administrator pursuant to Section 203(b)(11) of the Zoning Ordinance to allow a reduction to the parking requirement. A field observation conducted by McPherson Consulting during peak operating hours showed a maximum parking occupancy of 63 vehicles on site. The site is within a Commonwealth Brewing Company, LLC Page 2of4 half-mile distance from Chic's Beach and is a destination for pedestrians visiting the beach. In addition, it was observed that patrons often arrived/departed via app- based transportation services such as Uber or Lyft. Multiple Notice of Violations were issued to the property owner since the required improvements associated with the 2014 Conditional Use Permit approval for the Craft Brewery have not been completed and expansion to the Craft Brewery was done without obtaining the proper permits. Approval of these requests will rectify the outstanding violations and the recommended condition will ensure that required improvements such as paving of parking areas and installation of curb and gutter, and sidewalks are done in a timely manner. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received one letter of support from the Chesapeake Beach Civic League and one letter of opposition related to traffic safety and excessive noise in a residential neighborhood. ■ Recommendation: On September 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Recommended Conditions for MDC: 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company — Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall submit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days from the date of City Council approval of this request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along Commonwealth Brewing Company, LLC Page 3 of 4 the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5) years from the date of City Council approval of this request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. 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. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1 ,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5.00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10.Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1 ) Letter of Opposition (1) Commonwealth Brewing Company, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r--� Submitting Department/Agency: Planning Department City rf4)" Applicant Commonwealth Brewing Company, LLC Agenda Property Owners Commonwealth Brewing Company, LLC, City Items of Planningcity"I Commission Public Hearing September 13, 2023 Virginia Beach ' City Council District • Requests #2-Street Closure (Lake Drive) #3- Modification of Conditions (Craft W �_ Brewery) Staff Recommendation 3 Approval 8490FpR, � Staff Planner PT C�' ` `FBI' `�h��wgVE.. a l� Hoa N. Dao `.._� .•_ w ` 'Qu�r`00010orIva Location m OR pR�NEr`04ve Portion of the 50-foot right-of-way of Lake Drive that is east of Pleasure House Road,2440& it2444 Pleasure House Road LE pfto,GPINs q 1y �l3PaarRv 1570501631, 1570502725 srHsr Site Sizes h i . 7,130 square feet(STC) a ¢ 43,866 square feet (MDC) AICUZ Less than 65 dB DNL Watershed Chesapeake Bay a � _ ' Existing Land Use and Zoning Districtjr�, Craft brewery,eating&drinking establishment, public pump station, improved City right-of-way ? s cqx_ ; •, f /B-2 Community Business Surrounding Land Uses and Zoning Districts North Office, City Pump Station/B-2 Communityt 4 � W Business ? �u o ��. o cake R ' South 2 , Jude Lane MaAV N Single-family dwelling, multi-family dwellings / cF .N a B-2 Community Business,A-12 Apartment East ` � .k .� r ' '•° Northampton Boulevard West Pleasure House Road Single-family dwellings, Duplex/R-511 " Residential Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 1 Background SummaryofProposal • The applicant has operated a Craft Brewery on property zoned B-2 Community Business District since 2015 and is seeking,through these requests for a Street Closure and Modification of Conditions,to expand their business to accommodate additional outdoor seating and parking spaces. • The Street Closure request is for closure of the entire portion of Lake Drive (approximately 7,130 square feet) located between Pleasure House Road and Northampton Boulevard.The area proposed for closure will be incorporated into the applicant's adjoining parcels and the City's pump station parcel. • The Modification of Conditions request is required for an after-the-fact expansion to the Craft Brewery,specifically expansion of its outdoor seating areas and parking lots. • The property is located within the Shore Drive Corridor Overlay District.The applicant appeared before the Bayfront Advisory Commission (BAC) on June 15, 2023,to share details of the requests.The BAC is supportive of the street closure and the expanded outdoor seating. • As depicted on the concept plan, outdoor seating areas are located on the western and southern sides of the building. Overhead shade sails are proposed to be installed over the outdoor seating area that is located south of the building. • Multiple Notice of Violations were issued to the property owner since the required improvements associated with the 2014 Conditional Use Permit approval for the Craft Brewery have not been completed and expansion to the craft brewery was done without obtaining the proper permits. • Section 203 of the Zoning Ordinance requires one parking space per every 100 square feet of area open to the public for drinking, eating, and congregating, one parking space per employee on the maximum working shift, and one parking space per every 400 square feet of floor area for wholesaling and distribution operation. With the added outdoor seating areas,a total of 83 parking spaces are required;73 parking spaces are provided on-site, including three motorcycle parking spaces. A parking study was submitted to and approved by the Zoning Administrator pursuant to Section 203(b)(11) of the Zoning Ordinance to allow a reduction to the parking requirement. • The Craft Brewery hours of operation are Monday through Friday from 5:00 AM to 2:00 PM,while the eating and drinking establishment,a by-right use in the B-2 District,operates Monday through Thursday from 8:00 AM to 10:00 PM, Friday and Saturday from 8:00 AM to midnight, and Sundays from 8:00 AM to 9:00 PM. 1 R5R R5R B2 Ave -A-RSR Zonin y Histor# Request K 1 CUP(Craft Brewery)Approved 12/09/2014 2 SVR(Section 4.4(b))Approved 10/12/2004 �_ • a 3 CRZ(A-18&B-2 to PD-112(A-12))Approved 11/26/2002 �RSR AL ` i 2 4 CRZ(13-2 to PD-112(R-5R))Approved 11/23/1999 R Al2 5R 2 1 Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 2 Appfication Tyws 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 Com liance STR—Short Term Rental Evaluation • • . • The applicant's request to close a portion of Lake Drive and to expand the footprint of the Craft Brewery to accommodate additional outdoor seating and parking, in Staff's opinion,are acceptable.The Craft Brewery has been operating since converting the former volunteer fire station building in 2015. The proposed street closure and expansion to the parking lot will provide additional on-site parking for patrons. This site is located in the Suburban Area of the City, within the Shore Drive Overlay.The Comprehensive Plan calls for reuse and revitalization of existing commercial properties in this area,as such,this proposal and use is supported by the Comprehensive Plan. Furthermore,the proposed street closure would not negatively affect the Master Transportation Plan or transit routes. For Street Closure: As required by City Code,a Viewers'Meeting was held on April 27,2023,that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the Office of the City Attorney,to consider the request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. As this portion of the right-of-way is improved,a super majority vote from City Council will be required to approve the closure request. City Pump Station#302 is adjacent to this site and accessed from Lake Drive. A portion of the closure area,depicted as "Area 2"on the street closure exhibit,will be conveyed by the City for future expansion of the pump station. Staff recommends Conditions 3,4,and 5 to establish a public drainage and utilities easements over the closed portion of the street and to provide access to the pump station. Condition 6 is recommended to ensure that any impediment into any easement is approved by the City to ensure adequate maintenance of the pump station. For Modification of Conditions: As previously stated,this is an after-the-fact request as the applicant already expanded the outdoor seating area and parking lot without obtaining the proper approvals and permits. Approval of this request would require the applicant to construct and install all required improvements,such as curb and gutter, paved parking, and sidewalks to bring the site into conformance with the Public Works Design Standards Manual. The applicant also owns the adjoining parcel (2456 Pleasure House Road)to the north.With the exception of the 1,000 square foot unit that is used by the applicant for a wholesale and distribution operation requiring three parking spaces, the applicant is proposing to designate the remaining 21 parking spaces on this parcel to accommodate required parking for the brewery.The applicant has agreed that the building will not be occupied by another use that requires additional parking spaces. Condition 7 is recommended to address this request. Despite the additional parking spaces on the adjacent parcel,the Craft Brewery is deficient in parking by 10 spaces. Consistent with the provisions of Section 203 of the Zoning Ordinance, a parking study was submitted to support the applicant's request for a reduction in the minimum number of parking spaces required.Section 203(b)(11) allows the Zoning Administrator to reduce the parking requirement when a "substantial number of patrons are pedestrians or arrive by means of public transportation or by bicycle."As required,the Zoning Administrator determined that while 83 spaces are typically required for the craft brewery, eating and drinking establishment, and wholesale and distribution operation,the reduction to the minimum number of required parking spaces from 83 to 73 spaces is justified.A field observation conducted by McPherson Consulting during peak operation hours showed a maximum parking occupancy of 63 vehicles on site. The site is within a half-mile distance from Chic's Beach and is a destination for pedestrians visiting the beach. In addition, it was observed that patrons often arrived/departed via app-based transportation services such as Uber or Lyft. Commonwealth Brewing Company, LLC Agenda Items 2&3 Page 3 The applicant acquired the corner parcel at Judge Lane and Pleasure House Road (2440 Please House Road) in 2018 and added gravel to the site for parking and an outdoor seating area. The applicant seeks to maintain the gravel parking surface in this area until the applicant can acquire the adjoining eastern parcel (4704 Judge Lane) and further expand the parking area. The use of gravel for alternative parking surface has been considered and approved by the Director of Planning and Community Development per Section 203(b)(5) of the Zoning Ordinance. Condition 6 is recommended to address this request. Pleasure House Road is currently under capacity and can accommodate the small increase in traffic volume generated by this proposed brewery expansion. As depicted on the concept plan, the applicant intends to provide right-of-way dedication and installation of a sidewalk along Pleasure House Road.This is consistent with the City's future plan to widen Pleasure House Road. Based on the above considerations, Staff is recommending approval of these requests, subject to the conditions listed below. Recommended Conditions for 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 of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant, or the applicant's successors or assigns shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a) a public utility easement over the entire"Area 1" of the Right-of-Way; and (b) a public drainage easement over the entire"Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall convey"Area 2" of the closed portion of the right-of-way to the City of Virginia Beach. 4. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within "Area 1" of the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicants shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right- of-Way and within Area 2 of the Right-of-Way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1)year of the City Council vote to close the rights-of-way,this approval shall be considered null and void. Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 4 Recommended • • • for MDC 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled"Commonwealth Brewing Company—Conceptual Site Plan"dated August 27,2023, by John Sandow Engineering, LLC,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 3. Prior to final site plan approval,the applicant,or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning&Community Development. 4. The applicant shall submit a site plan to the Department of Planning&Community Development, Development Services Center,within 90 days from the date of City Council approval of this request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway.The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as"Parking Area E"on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5)years from the date of City Council approval of this request. Upon expiration of the five- year period or until the applicant acquired the adjoining parcel (4704 Judge Lane),whichever the earlier,the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. 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. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval,the applicant shall submit a Shared Parking Agreement to the Department of Planning&Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road.The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1)employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted,which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m.to 5:00 p.m.The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 5 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Conditions f • 1 ' 1. The site shall be developed in substantial conformance with the submitted plan entitled "Site Plan Commonwealth Brewing Upfit,2444 Pleasure House Rd,Virginia Beach,VA"dated 11/04/2014,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The building elevations shall be developed in substantial conformance with the submitted elevations entitled "Rendered Building Elevations Commonwealth Brewing Upfit, 2444 Pleasure House Rd,Virginia Beach,VA"dated 08/29/2014,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Deliveries shall only occur from 8:00 a.m.to 5:00 p.m.The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 4. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 5. Parking space#11 shall be used for motorcycle parking only. 6. All signage on site shall conform to the Sign Regulations of the City of Virginia Beach. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area and Shore Drive Corridor Overlay District.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods.Achieving the goals of preserving neighborhood quality requires that all new developments or redevelopment,whether residential or non-residential, either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type,size, intensity,and relationship to the surrounding uses. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Preservation Area.There does not appear to be any cultural features on the site. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 6 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-617 ADT Pleasure House Road 7,200 ADT' 12,500 ADT'(LOS 4"D-) Proposed Land Use 3-617 ADT *No Data Available 'Average Daily Trips gas defined by a 10,229 square 3 as defined by a 10,229 square 4 LOS=Level of Service feet brewery feet indoor brewery. *No information available in the ITE Trip Generation Manual for outdoor seating area Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of Pleasure House Road is considered a two-lane undivided collector/local street. The Pleasure House Road Street Improvements Phase II Capital Improvement Program (CIP) project is slated for this section of roadway. This project will provide street and safety improvements, along with bike accommodations and a five-foot sidewalk. Construction is scheduled to begin in late 2029 with a completion date of July 2031. Public Water&Sewer The subject property is connected to 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 August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 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 August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 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 October 13, 2023. Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 7 Proposed Street Closure REFERENCES: LEGEND AND ABBREVIATIONS: N 1. BOUNDARY INFORMATION TAKEN FROM BOUNDARY AND BSL BUILDING SETBACK LINE TOPOGRAPHIC SURVEY PREPARED BY M+D-ATLANTIC SURVEYING ESMT EASEMENT AND LAND DESIGN AND DATED 06/23/2021 ROW RIGHT OF WAY 7-1 DENOTES TOTAL AREA OF ROW TO BE CLOSED (7,130SF(0.16AC) NOTES: ARFA I 5.051 SF 10 11 AC 1. THIS EXHIBIT IS INTENDED TO SHOW THE INTENDED LOCATION AND AREA 2 2,077 SF/0.05 AC NATURE OF THE EXTENT OF THE PROPOSED ROAD CLOSURE AND EASEMENTS INDICATED RELATIVE TO THE OTHER ITEMS SHOWN. N/F BEERY VENTURES LL �s 7(19I?'N - ' — 0.00� INST/2019013100008 ti 1.94 MB9PG61 ix 1.42' GPIN: 1570-50-2959 (o m O�T S74' 19' .80"4 � NWGW ACM o 0 10.5' 113.75' / PS-302 co ?. (Aft 1301, PG. 296) J 2 7) (M.B. 9, PG.. 61) oI Q 6? GPW..- 157MJ9160000 N15' 40 18.20"E S74' 19' 41.80"E J 90.00' N ; N� Co�Q N15' 40, 18.2WE 38.13' Q IAKti �'�, AREA 2 /EAST L'r DRjj7�i PORTION OF ROW p /C RQ� V t', AREA: 2,077 SF 82 �, (0.05 AC) R 1, 20.00' a �S3' 28' 32.70"W L=31.42' 'y56 J 51.15' m M 74 19' 4 0"W Z `- 124. 6'. N74' 19' 41 80"W 0 W 46.94' d (y / . AREA 1 / PORTION Q 0 o Nam C ONWEALTH BREWING COMPANY LLC"�,> - OF ROW = N PARCEL A. IBLK. 6 CHESAPEAKE SHORES AREA: 5,053 SF 1 1R/20170315000214250; MB 8 P 82 re~ INST/20220301125.001 (0.11 AC) O GPIN: 1570-50-2725-0000 e Z STREET C�05URE EXHIBIT SHOWING: PORTION OF LAKE DRIVE BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES(MB.8,P.82,MB.9,P.61 AND INSTR.1J2017315000214250)TO BE CLOSED VIRGINIA BEACH,VIRGINIA C5816 JULY 18,2023 / SCALE: 1"=30' DB:JS CB: JS JSE PROJECT p 0662101 John Sandow Engineering,LLC 4104 Clintwcod Lane 0 20 40 Virginia Beach,VA 23452 1 1 I I I I Feet Phone:757-377.6971 www.johnsandowengineering.com SCALE.1"=30' Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 8 e a PLEASURE Rd'OSIC itU a ..nw ..e..rm�im�. w.. IwRtt so!v nec'tae/ wv.K,wry^°."'+"b• �'fi'r 14 fill LLJ r Rew.ew,e !3 O O f F n m_V r . ...Vs, ~,(1. .t 4 ,.. � � _�.rorwcreu ,wl•. /_. .__' ._ :fit y - 1 — 1 � r '•�/1����'�!'' wtE v�levrc all�l�urtr Motu: _ l roTu M M?F^�tV#A1YIY 4a•:G 9r=-!(RllYalh r-f cic,llw rrewwc CADAAIaw Nr nn, !naKuil..n-i.'tee v.i av;;/,w v,Romani v , ,w.s x svc/.w v I#+�u.sr.cw ww�rw7-e-..�., � a s. Rrc.elri:nuRwr.('+r.#v+,+.srw•.w,w+vnRil-e!.+.os � - >.s(en.Rnlwooe,w�s..os;wt.Ro was)a na#au R..wRc w,�.s ,o rY. Rxc•�.. .....:.. 1. "wq=W=MO"R R.i'Ye.NI:JP9(X laH1.112, ... J W y r R rw r:awca �Q ai O r v N UQ fD 2 lD W (1 Proposed Shade Sails i 0 Till 1'lllilii► � • i Site Photos �f r a , Company, Site Photos : .. -s Now � �,�....,,:`.ram ��.■ .---. A 3 a 5 Site Photos ter, put,3- Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 13 Disclosure Disclosure Statement X ID ('ky of 4'nykwr Beuh Planning&Communit. e Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Commonwealth Brewing Company,LLC Does the applicant have a representative? 0 Yes ❑No • If yes,list the name of the representative. R sward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jeramy Biggie,President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity,relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101 "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code 4 2.2-3101, 11 ' Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 14 Disclosure Disclosure Statement <'i14 V t-iyuw&u� Planning&Community - Development Known Interest by Public official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-coilateralizatlon,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. Chesapeake Beach Volunteer Fire and Rescue Department,Inc.;Navy Federal Credit Union;US Small Business Administration 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No a 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. Ginger Pickett,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 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. 21 Commonwealth Brewing Company, LLC Agenda Items 2 &3 Page 15 Disclosure Disclosure Statement cdw of l"n em F---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 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. John Sandow,John Sandow Engineering,LLC 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?E Yes ❑No . If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 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. Commonwealth Brewing Company,LLC By: ��v `- Applicant Si ature Jeramy Bikgie,President Print Name and Title /Ll/��� 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. • • r that pertains to the No changes as or applications Date 2023 09 26 Syoature Point Name Hoa N.Dao ? I Commonwealth Brewing Company, LLC Agenda Items 2 & 3 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Commonwealth Brewing Company, LLC Agenda Items 2&3 Page 17 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Items # 2 & 3 Commonwealth Brewing Company, LLC RECOMMENDED FOR APPROVAL - CONSENT Mr. Horsley: Thank you sir. Next item on the consent agenda are items number two and three. We'll run those two together, Commonwealth Brewing Company, LLC, Commonwealth Brewing Company, LLC and the City of Virginia Beach. Mr. Bourdon: Thank you, Mr. Horsley. Mr. Chairman, members of the commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing the applicants other than the City of Virginia Beach and with regard to the street closure, the six recommended conditions are acceptable to Commonwealth Brewing and with regard to the modification of conditions, the modified 10 conditions recommended by staff are acceptable. Mr. Jeremy Biggie, who is the owner of Commonwealth Brewing Company, is here in attendance this afternoon. We appreciate all the hard work by Hoa and staff on this and appreciate being on the consent agenda. Mr. Horsley: Thank you, sir. Is there any opposition to these items? Thank you. I should have asked for that first. These are items number two and three. Mr. Coston is going to read these items. Mr. Coston: The applicant has operated a Craft Brewery on property zoned B-2 Community Business District since 2015 and is seeking through these requests for a Street Closure and Modification of Conditions to expand their business to accommodate additional outdoor seating and parking spaces. The Street Closure request is for closure of the entire portion of Lake Drive located between Pleasure House Road and Northampton Boulevard. The area proposed for closure will be incorporated into the applicant's adjoining parcels and the city's pump station parcel. Modification of Conditions request is required for an after-the-fact expansion of the Craft Brewery, especially expansion to its outdoor seating areas and parking lots. This property is located within the Shore Drive Corridor Overlay District. The applicant appeared before the Bayfront Advisory Commission on June 15, 2023 to share details of the request. The BAC is supportive of the Street Closure, and the expanded outdoor seating. The city has also, the Council Commission has also recommended approval, and therefore, we've placed them on the consent agenda. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT Recommended Conditions for STC: 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 of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant, or the applicant's successors or assigns shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a) a public utility easement over the entire "Area 1" of the Right-of-Way; and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall convey "Area 2" of the closed portion of the right-of-way to the City of Virginia Beach. 4. The applicant or the applicant's successors or assigns shall verify that no private utilities exist within "Area 1" of the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicants shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area 1 of the Right-of-Way and within Area 2 of the Right-of-Way. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. Recommended Conditions for MDC: 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company —Conceptual Site Plan" dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall submit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days from the date of City Council approval of this request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area F on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five (5) years from the date of City Council approval of this request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area F in accordance with City Code requirements. 7. 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. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10.Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. NpEAICL- BFq�'i CIVIC LEN September 12, 2023 Planning and Community Development Department 2104 Courthouse Drive Virginia Beach, VA 23462 Dear Planning Commission and City Council Members: On behalf of the membership of the Chesapeake Beach Civic League (CBCL) and the neighbors we represent, this letter serves to officially state that we have no opposition to the Commonwealth Brewing Company Conditional Use Modification and Street Closure Application. Since it's opening over eight years ago, Commonwealth Brewing Company has been a terrific addition to our community and strong supporter and partner of the efforts of the CBCL.The CBCL Architectural Preservation and Zoning Committee's recommendation is to approve the conditional use modification and support the closing of the street as it will have no negative impact on the residents or visitors of Chesapeake Beach, and in fact is expected to add value to the neighborhood. I am available should you have any follow up questions or request my appearance in person to confirm our support. Sincerely, Cami Best-Jones, President Chesapeake Beach Civic League cxbcivicleague@gmail.com Cc:Jeramy Biggie, Commonwealth Brewing Company;Joash Schulman,VB City Council;John Coston,VB Planning Commission; Anita R.H. McCorkle, Sykes, Bourdon, Ahern & Levy, P.C. From:Jeffrey Haskins<j49erfan@gmail.com> Sent:Saturday,September 9, 2023 4:11 PM To: Madison Byrd Harris Eichholz<MBHarris@vbeov.com>; Planning Administration <PlanAdmn@vbeov.com> Subject: Planning Commission Sept 13 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, I read the staff report agenda the Sept 13 planning commission related to Commonwealth Brewery LLC and need additional regarding the expansion of parking specifically Parking Area D. I will be out of town and will be unable to attend this the meeting. As a resident who lives across the street this impacts me negatively The additional parking will cause excessive noise impacting the quality of life. I would like to see additional information as the expansion of the current parking causes additional noise from vehicles, motorcycles and pedestrian traffic. My concerns. 1. Often be times vehicles leave the brewery at high speed and pedestrians can be found drunk and being loud at all hours past closing time. 2.The brewery runs a vehicle trunk adjacent to item 2 and often runs all night which causes excessive noise, I can't even have the windows open at night due to this noise. I can't even enjoy the backyard due to this noise. 3. How is the brewery going to handle these concerns which has not be addressed. 4.Are noise abatement mitigation will be put in place? I am against the expansion currently. Jeff Haskins Sent from Gmail Mobile ❑ ❑ N Li M N M Cn ❑ ■ c o O co 73 cfl ❑ ❑ l� ❑ ° cc ❑ Q. mom -- low 70 rvo ❑ ❑ � ❑ I ❑❑ o N N X =r 0 = W CD 0 :; F 0 M _ Rosemont Road o CD ,o ❑ 4 ❑ ❑j w � CD CD 0 CD CD _. Waverly-Drive o C/� ❑ - TT- --- o ❑ -0. I S~ C� I -- ❑ p — z o C ❑ CJ C❑ ❑ �Hu �• r,vG �'`i't1Y 4u S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RED CHURCH, INC. [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 245 S. Rosemont Road (GPIN 1487614114). COUNCIL DISTRICT 3 MEETING DATE: October 17, 2023 ■ Background: The applicant is requesting a Modification of Conditions to construct a 15,750 square-foot addition to the existing 16,800 square-foot building at 245 S. Rosemont Road. The applicant, Red Church, currently offers both religious services and a daycare program onsite. The proposed addition will accommodate a new, larger sanctuary space for Red Church. Red Church also runs a daycare program out of the same building. The relocation of the sanctuary space will allow for additional space to be used as classrooms. This project includes a general renovation of the existing building as well as the construction of a new addition. Updates will be made to the existing red brick building to include the removal of the steeple and front-gable porch on the east elevation and the addition of complementary design features on the building facades. ■ Considerations: The property is located in the Suburban Area of the city as defined in the Comprehensive Plan; recommendations for this area include the development of non-residential uses that support the day-to-day lives of residents. Such uses include religious uses, such as churches, and daycare programs. Red Church has been operating its church and daycare program for many years on this site, with the religious use dating back to 1961, when the original Conditional Use Permit for Religious Use was approved by the City Council. The use is complementary to the existing character of the area and aligns with the goals of the Comprehensive Plan. While Red Church will incorporate its signature red color into the elevation design, the color will be used as an accent rather than a primary feature. This is in keeping with specific design guidelines recommended in the Comprehensive Plan. Proposed overhead garage doors on the main elevation (east elevation) will allow for congregation in and outside of the building. With the increased size of the church, there will be an increase in the average daily trips (ADT)for this area from 553 to 1,359 ADT. This increase is within the present Red Church, Inc. Page 2 of 3 capacities of Rosemont Road and South Plaza Trail. The applicant completed a traffic evaluation that explored potential traffic impacts and possible mitigation measures and concluded that the proposed design of the driveways from S. Rosemont Road will sufficiently serve the site. A total of 172 spaces are needed for the church and the day care program. The applicant is proposing 142 spaces on site. A Shared Parking Study was submitted to and approved by the Zoning Administrator to reduce the required parking minimum. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Staff received 9 letters of support for this application and is unaware of any opposition to the request. ■ Recommendation: On September 13, 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 "Red Church Addition — Concept Plan", dated 08/16/2023, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Red Church", dated 4/19/2023, prepared by Corbin Design, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The site shall be landscaped in substantial conformance with the submitted site plan "Red Church Addition — Concept Plan", dated 8/16/2023, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. An approved Shared Parking Agreement shall be kept on file with the Zoning Administrator to ensure sufficient parking for the religious use and the day care on site. This is deviation to the parking requirement. 6. Approval of the Red Church Traffic Evaluation by Traffic Engineering Staff shall be obtained prior to the final approval of a site plan for the project. Red Church, Inc. Page 3 of 3 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (9) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency: Planning Department City Manager: nda It Applicant& Property owner Red Church, Inc Age em Planning Commission PublicSeptember 1 CouncilCity Virginia Beach Request Modification of Conditions (Expand the existing religious use by 15,750 square feet) 1 I � C✓ Staff Recommendation Approval SE NTA RA WAY Y Staff Planner SPRUCE GIR Elizabeth Nowak o SOT BLVD !'-1 D 1 HISTORYLAND DR n TEAKWOOD m A Location m 245 S. Rosemont Road GPIN ` SPLAW 1487614114 Site Size SIARLIGHTE.R DR 4.9 acres K AICUZ 4 KINGS POINT RD M Less than 65 dB DNL Watershed ! Chesapeake Bay Existing Land Use and Zoning District r� ..+ Religious use, daycare/B-2 Community +, Business 9 O 1 •�R r 11 T Surrounding Land Uses and Zoning Districts t North `` a Shopping center/B-2 Community Business l o t o Southcn , �r�` Retail,fire station/B-2 Community Business a - _ & East S. Rosemont Road ' ' Single-family dwellings/R-7.5 Residential ° > West t Single-family dwellings R-7.5 Residential . I �Nk� viclowaiE ok Red Church, Inc Agenda Item 8 Page 1 BackgroundSummaryofProposal • The applicant is requesting a Modification of Conditions to construct a 15,750 square-foot addition to the existing 16,800 square-foot building at 245 S. Rosemont Road.Currently, Red Church operates here, offering both religious services and a daycare program. • The proposed addition will accommodate a new, larger sanctuary space for Red Church. Red Church also runs a daycare program out of the same building.The relocation of the sanctuary space will allow for additional space to be used as classrooms. • This project includes a general renovation of the existing building as well as the construction of the new addition. Updates will be made to the existing red brick building to include removal of the steeple and front-gable porch on the east elevation and addition of complementary design features on the building facades.The new addition will incorporate contemporary materials such as gray-toned EIFs,wood panels, perforated metal accent panels,fabric awnings,corrugated metal panels, and red brick.The color palette combines the bright red of Red Church with several tones of gray to evoke a modern feel. Overhead garage doors,awnings,and an outdoor courtyard activate the pedestrian level. • The new addition will be two stories,37-feet and six-inches in height.This matches the height of the existing two- story building. In the new addition,there will be a mezzanine level, primarily for mechanical access. • The existing sanctuary has 175 seats available.The addition will provide 616 seats total, an increase of 441 seats. Per Section 240.1(b),at least one parking space per five seats in the main auditorium must be provided. For the 616 seats, 123 parking spaces will be required. Per Section 203(a)(6),one parking space per 300 square feet of floor area is required for childcare centers such as the daycare.48 spaces will be required for the daycare use as there is 14,500 square feet of classroom area, and a total of 172 spaces are needed for both uses.The applicant is proposing 142 spaces on site.A Shared Parking Study was submitted to and approved by the Zoning Administrator to reduce the required parking minimum. • With this renovation,there will be approximately 16,800 square feet devoted to the daycare program and the remainder for the sanctuary and offices. ' I u LJ I Zoning History Q + i # Request ° I 1 CUP(Automobile Service Station—Fuel Sales with 13 Convenience Store)Approved 08/18/2015 Q v l CUP(Motor Vehicle Sales)Approved 07/14/2009 77 0 Q i MDC(Automobile Service Station—Fuel Sales with b C I Convenience Store)Approved 01/13/2009 CUP(Automobile Service Station&Repair)Approved 05/25/1999 p 4` 2 CUP(Truck&Trailer Rentals)Approved 07/02/2013 0 (} 3 CUP(Church)Approved 12/1/2009 I4 CUP(Church)Approved 09/28/1993 ;— 4 CUP(Vocational School)Approved 03/25/2008 5 CUP(Automobile Repair)Approved 04/27/1987 {��187T�.'��✓�,� j�I sz 6 Q[ 6 CUP(Religious Use)Approved 05/18/1961 Application Types Red Church, Inc Agenda Item 8 Page 2 CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Re: . NON—Nonconformin Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation • • • In Staff's opinion,this request for a Modification of Conditions to expand the church is acceptable.The property is located in the Suburban Area of the city as defined in the Comprehensive Plan; recommendations for this area include development of non-residential uses that support day-to-day lives of residents. Such supportive non-residential uses include religious uses,such as churches,and daycare programs. Red Church has been operating its church and daycare program for many years on this site and the religious use on this parcel dates back to 1961,when the original Conditional Use Permit for Religious Use was approved by City Council.The use is complementary to the existing character of the area and aligns with goals of the Comprehensive Plan. In addition to use recommendations,the Comprehensive Plan also identifies some specific design guidelines for the Suburban Area to ensure that non-residential development is compatible with a residential character.The proposed elevations, in Staff's opinion,are very responsive to the design criteria recommended in the Comprehensive Plan.The addition will be approximately the same height as the existing building and will be set back from S. Rosemont Road. Combined with the rectangular massing of the new addition,these elements ensure that the new enlarged building will not be out of scale with adjacent commercial development, nor will it overshadow the one-story single-family dwellings opposite S. Rosemont Road from Red Church.The proposed materials include red brick, EIFS, and high-quality metal panels and siding.While Red Church will incorporate its signature red color into the elevation design,the color will be used as an accent of the overall design, not as a primary feature.This is in keeping with specific design guidelines recommended in the Comprehensive Plan. Proposed overhead garage doors on the main elevation (east elevation)will allow for congregation in and outside of the building. In Staff's opinion,this area is set back well from S. Rosemont Road, which is a busy thoroughfare.Given the distance that this area will be set back from the residences opposite the church in addition to the relatively high volume of traffic in this area,Staff believes that this function will have no detrimental impact on residents adjacent to the church. The renovation will reduce signage on site from the existing five signs down to the permitted number of three signs. They will include the retention of the existing freestanding sign on S. Rosemont Road and two new wall signs on the east elevation.The existing painted wall signs on the building will be removed. The proposed development plan will result in 142 spaces to be used for the daycare program and the church.Section 240.1(b) and Section 203(a)(6)of the Zoning Ordinance require that 123 spaces are required for the church and 48 for the daycare program, respectively.While both uses will operate on-site,their peak use hours will not coincide.As the Zoning Administrator reviewed and approved a shared parking study for the site,Staff is of the opinion that parking for both uses will be adequate. With the increased size of the church,Staff does anticipate an increase in the average daily trips (ADT)for this area from 553 to 1,359 ADT.This increase is within the present capacities of Rosemont Road and South Plaza Trail.Additionally,the applicant completed a traffic evaluation that explored potential traffic impacts and possible mitigation measures.Staff agrees with the conclusions of that report and that the proposed design of the driveways from S. Rosemont Road will sufficiently serve the site. The existing Conditional Use Permit has a relatively narrow scope and includes no conditions regarding size, operational hours, parking,traffic, or design concerns.Of the existing conditions, Condition 4 relates to parking.With the increase in the number of seats in the sanctuary(increasing from 175 to 616), more parking will be required on-site.This specific condition will be modified,as stated below.Staff is also recommending Conditions 1 and 2 to ensure that the renovation on site will be compatible with the adjacent area and with Comprehensive Plan goals for the Suburban Area. For these reasons,Staff recommends approval of the request for a Modification of Conditions subject to the conditions and exhibits included below. Red Church, Inc Agenda Item 8 Page 3 Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted site plan entitled "Red Church Addition— Concept Plan", dated 08/16/2023, prepared by Kimley-Horn,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Red Church", dated 4/19/2023, prepared by Corbin Design,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development.The proposed structure shall be constructed of a similar type of material,color, and trim as the existing structure. 3. The site shall be landscaped in substantial conformance with the submitted site plan "Red Church Addition— Concept Plan", dated 8/16/2023, prepared by Kimley-Horn,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development Permits and Inspections Division,the Health Department,and the Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. An approved Shared Parking Agreement shall be kept on file with the Zoning Administrator to ensure sufficient parking for the religious use and the day care on site.This is deviation to the parking requirement. 6. Approval of the Red Church Traffic Evaluation by Traffic Engineering Staff shall be obtained prior to the final approval of a site plan for the project. 7. Prior to final site plan approval,a Lighting Plan in accordance to Section 254 of the Zoning Ordinance, or as amended,shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This proposal is located in the Suburban Area of the city. As stated in the Comprehensive Plan,one of the guiding principles for this area is to provide new development that contributes to the day-to-day life of residents.The proposed landscape buffer to the rear and setback from Rosemont Road,the massing and height are acceptable.To provide additional visual relief,screening,and shading, it is recommended that additional trees be added to the parking area as part of the proposed landscape plan. Entrances and driveways should permit safe and convenient pedestrian crossing where they intersect sidewalk and other pedestrian access ways.A change in paving material to make the driver aware of the crossing is encouraged. It is also recommended that pedestrian walkways be established from the parking lot to the building. Red Church, Inc Agenda Item 8 Page 4 Natural • Cultural Resourcesimpacts The site is located in the Chesapeake Bay Watershed. No historic or cultural resources will be affected by this project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Rosemont Road 38,362 ADT' 32,700 ADT'(LOS 4-D-) Existing Land Use 2-553 ADT on Sundays South Plaza Trail 9,655 ADT 12,500 ADT(LOS"D") Proposed Land Use 3-1,359 ADT on Sundays 'Average Daily Trips Z as defined by a 250-seat 3 as defined by a 615-seat 4 LOS=Level of Service religious use religious use Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Rosemont Road in the vicinity of this application is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in an 80-foot right-of-way. The MTP proposes a six-lane facility within a 165-foot right- of-way. There are no roadway CIP projects slated for this area. South Plaza Trail in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The existing infrastructure currently resides in an 80-foot right-of-way. The MTP proposes a four-lane facility within a 115- foot right-of-way. An active roadway CIP project is slated for this area. Rosemont &South Plaza Intersection Improvements (Project Number 100423.002) is for roadway improvements to South Plaza Trail on the west side of the Rosemont Road intersection and traffic signal modifications. Roadway improvements include the addition of a dedicated eastbound right turn lane. The traffic signal modifications include new mast arm poles and the addition of Flashing Yellow Arrow signal heads for the eastbound and westbound approaches along South Plaza Trail. The project is currently in the scoping phase. Public Utility Impacts Water The site currently connects to city water.An upgraded meter and service tap will be needed for the addition.There is an existing 16-inch city water transmission main along S. Rosemont Road. Sewer The site must connect to city sewer.There is an existing 10-inch city sanitary sewer gravity main along S. Rosemont Road,as well as a 16-inch and an 18-inch city sanitary sewer force main along S. Rosemont Road. Sewer and pump station analysis for pump station#504 is required to determine if future flows can be accommodated. Red Church, Inc Agenda Item 8 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 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 August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.vir-iniabeach.gov/city-council on October 13,2023. Red Church, Inc Agenda Item 8 Page 6 PAVEMENT LEGEND RED CHURCH ADDITION - �r `�"L g�`"u" CONCEPT PLAN I PRFPARFn POR 6 r"f"'E LAm CHURCH DEVELOPMENT L x.°'" ; SERVICES 1 dS t t 3 VICKA©AU, VIRM f ♦ + we Existing rob � .. Building svoar Y.orau f,q q, ,. �• r ♦,,, �•se.+o any,.` w �'.. Y .� � ....... .�.«... ... ""' ,Y WdCK�V.O-iY1dR Yd �- .�•• I'. rxyYc an,Y.a �tar,wa�[nsrs nnwr , '�®ttvnwe uamrt n��a...0 � I � - •• p•qt 1M YbRY � }. �d•YYdnae+)MI: w r0 aldlld 5 ✓ra ..,......e. Ypplr� �ST.LL.Mn i' J. j U1111111.Z proposed Addition W,a ' 'I aAnW srxr IN rM . 111!.r..R 23 SD 4ra'Y , "6/2023 Kimley>>)Horn OC7 L1 �>s_nr n�sdo .Y..w�•-�e•Y ar rD Q v N � S rD 3 -,j 00 r) Proposed Median Alterations &Traffic Flow IV r rem^ t •. • — North Driveway: Construct driveway —�—— Rm so tn► to provide right-out $MW r `"" ` ordy 7TH ST jury Ur. ___-- --_71 -per `M/M6 I I rar WY Or t i Construct nut Middle Driveway: ! A' ! channel¢ingmedian N Construct driveway to restrict outbound " to provide In-only left turn movement R 'r Net ft*X +� t IIrk i6i } O 0. ' h Dove Aisle to function as storage in lieu of d right turn lane I May require relocation of parking for R unimpeded inbound movement 8 "T South Driveway: R Constructdnveway to provide fight-out c ` only ��. It M Pherson -Re _ -- d Church Access Evaluation—Virginia Beach,VA Figure C C N S h LT I N Recommended Site Improvements i Red Church, Inc Agenda Item 8 Page 8 Proposed Floor a� LL LLJ n �• I Y qyc I { Q Red Church, Inc Agenda Item 8 Page 9 Proposed Floor e L I s II 333 , L 7, 1 x 711 i N I II � 0 0 0 I z Z z L_ -- -- U 3 U U < a W OC > Red Church, Inc Agenda Item 8 Page 10 ' Proposed Elevation b r'j N i _ 1 t y 33! 3�T: n Z O 4� s M 9 Z ff t' 9 N rr ll . U + m xy dT i ^ F o: o a z+O = Z x Z o U •4 U T o _ W Red Church, Inc Agenda Item 8 Page 11 Proposed Elevation i 6 h ' L !` �L .s P a r, iC i A Y i U sI Q = V U < W 2 M Red Church, Inc Agenda Item 8 Page 12 ..... ..R.IR fit• CORRUGATED ETFS WOOD PANELS PERFORATED METAL FABRIC AWNING CORRUGATED METAL METAL PANELS GALVALUME METAL PANELS METAL LOUVRES r au . '9L it GARAGE DOORS MATERIAL PALETTE - 711! RED CHURCH 04/19/23 •. VRtGINIA BEACH.VRtGINIA 5 A� ^•�"�'"�^^ D Two oa n m n C n. � 1., 3 W 00 n Site Photos ■ Site Photos Aw - 6 T ` s • d r w '• a� ' Disclosure Disclosure Statemen )arming&Conirl�unity Devebpment 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 ILA D Olvc&, 'To - r Does the applicant have a representative? Yes ❑NO • If yes,list the name of the representative. QCk tj,r /�,,c�c.v,\ W ooAS;Glen Trematore Is the applcam 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) Dr.Jaye d'(1PA1 - PYtsiAt�+ NDt-nwn &CA O'neal- V,v- Qces; ux� A&M yio0ds — Seore a.rv\ • 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 indir.ctly own,shares possessing more than 50 percent of the voting power of another corporation." See State and local Gov,mment onfli-1 of Interests Act,VA.Code§2.2.3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that e�ist�what(i)one business entity has a controlling ownership interest in the other business entity,M a controlling owner in one entity I-al,o a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101, 1 � Red Church, Inc Agenda Item 8 Page 16 Disclosure Disclosure Statement Ma fining&Communit', r Known Interests Public Offidal or Employee Does an official or employee of the CKV of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 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 prcperCy? Yes ❑No • If yes,identify the financial institutions providing the service. NIA S ;,-c 018PO;-'\A 2. Does the applicant have areal estate broker/agent/reakor for current and anticipated future sales of the subject property? It-Yes ❑ No • If yes,identify the company and individual providing the service. Alan f Ile - Pulr EfCkI _. 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?t�,— �NO • If yes,identify the firm and individual providing the service. Y 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. �+� 370 5. i s there any other pending or proposed purchaser of the subject property?[]Yes No • If yes,identify the purchaser and purctraser's service providers. r 21 I Red Church, Inc Agenda Item 8 Page 17 Disclosure Disclosure Statement CNY nJ Yryirtie Hnxi. Planning&Community opment 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,identlfy the company and individual providing the service. J -�1e,� T��,, CpS h� uccv, ' y-Vicc5 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?P,Yes ❑NO If yes,identify the firth 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 tD be operated on the property?0Yes ,�Z N0 • If yes,identity the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the Information provided hereintwo weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public¢ody or commtitee in connection with this application. Appn,-nrtSi tta►, _.._.... A(kaW% \A)OOdS -- Fa5� Prim Name and Title 3 1 Z-1 ?z Date ���JJJ Is the applicant also the owner of the subject property? L�Q Yes disclosure If yes,you do not need to fill out the owner discsure 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 "^d-Ka n Di1` 9/29/2023 OiAsbeth Nowak 31 Red Church, Inc Agenda Item 8 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Red Church, Inc Agenda Item 8 Page 19 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item # 8 Red Church, Inc RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item is item number eight Red Church Inc., a modification of a condition for religious use. Yes sir. Mr. Trematore: Glen Trematore from Church Development Services representing Red Church. We thank the Commission. We also thank staff, in particular Elizabeth Nowak, Jared Register, Heather Hurtle, and Ricky Cobb, and we accept the six conditions by staff. Mr. Horsley: Thank you. Is there any opposition to this application? Seeing none, we've asked Commissioner Anderson if he would read this into the record. Mr. Anderson: Yes, thank you. The applicant is requesting a modification of conditions to construct a 15,750 square foot addition to the existing 16,800 square foot building at 245 South Rosemont Road. Currently, Red Church operates here, offering both religious services and a daycare program. The proposed addition will accommodate a new, larger sanctuary space for Red Church. Red Church also runs a daycare program out of the same building. The relocation of the sanctuary space will allow for additional space to be used as classrooms. Staff is recommending for approval and this agenda item has been recommended for consent. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan entitled "Red Church Addition — Concept Plan", dated 08/16/2023, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Red Church", dated 4/19/2023, prepared by Corbin Design, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The site shall be landscaped in substantial conformance with the submitted site plan "Red Church Addition — Concept Plan", dated 8/16/2023, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. An approved Shared Parking Agreement shall be kept on file with the Zoning Administrator to ensure sufficient parking for the religious use and the day care on site. This is deviation to the parking requirement. 6. Approval of the Red Church Traffic Evaluation by Traffic Engineering Staff shall be obtained prior to the final approval of a site plan for the project. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. _ ---INNER Mina Weisenburger 3801 Brentwood Crescent Virginia Beach, VA 23452 To whom it may concern, My family and I have been attending RED Church for a little over a year I enjoy going to RED because it is a place for me to meet new people and enjoy the company of others As a teenager that was homeschooled due to COVID-19 I lost contact with most of my peers, RED Youth allowed meLto meet people in my age group and for the necessary relationships that I was missing out on. Now as a young adult, I continue to grow at RED church RED Church is a safe environment for everyone, including my little brother with Down Syndrome My little brother enjoys hanging out with our Pastor, our elders, and everyone he comes in contact with. My brother and I serve every Sunday; I enjoy seeing people's faces light up when they see two ds serving. We were so excited to hear the youths serving, let alone a child with special nee annou ncement of the expansion. RED Church truly cares about the community and assisting the younger generations in their faith. X Mina weisenburger James and Patti Anderson 3532 Sea Horse Way Virginia Beach, VA 23452 April 21, 2023 Red Church 245 S. Rosemont Road Virginia Beach, VA 23452 To Whom It May Concern: We are currently members of Red Church and started attending in March 2019. The relationships we have built from the beginning of our time there will last a lifetime and we are very grateful for each one. We are proud to be a part of this Body of Christ and look forward to seeing how we will continue to grow. As a part of Red Church we have experienced continued growth and see how God is working. Knowing that we will be a part of moving into the new building is very exciting and we will welcome each new member that joins us. Pastor Jayce and Pastor Adam are amazing mentors and have proven to have a heart for God, as well as practical knowledge to help our church continue to reach the unchurched. We are blessed to be members. Sincerely, James and Patti Anderson To whom it may concern: I am writing this letter to state my approval of the proposed addition to the Red Church property on Rosemount Rd. My wife and I have owned property on Northgate Dr. off Rosemont Rd. for the past 30 years. While we have been overseas for a couple of years and spent a year caring for my father in New Orleans, we have been in our home on Northgate for over 20 years. We have been members of Red Church since it began over 10 years ago. We have seen the church move from having worship services in a middle school to the current properties on Rosemount Rd. Every step of the way Red Church has always had community events that have added value to the neighborhood. The community outreaches on Easter and Halloween have been managed well and have put many- a-smile on children's faces! Besides the community events Red Church has managed the two properties on Rosemount well. They have renovated both inside and outside, making Rosemount Road more aesthetically pleasing. I am sure that Red Church will continue to maintain this level of excellence if granted the right to add the proposed building to the existing property. Thank you for your time. John and Elizabeth Dupont 3228 Northgate Rd. Virginia Beach, VA 23452 Amanda Weisenburger 3801 Brentwood Cres Virginia Beach,VA 23452 To Whom It May Concern: Hello, I am writing this letter in support of the expansion of RED Church. I have been attending RE D for the past year and a half with my family. We live in the neighborhood where RED is located in. When we were looking for a new church home, R[D gave us exactly what we were looking for. RED is a church that actively supports its community and tries to promote a loving and compassionate environment for all that attend. I quickly learned that this was the church home for our family. RED provides a community to its church members and those that come to visit. It has been a place where my children and I have developed friendships and continue to grow in our faith. They have provided an environment where my special needs child has been able to grow as a young man and provide service to his community where so many limitations are usually placed on him.This is something that I have seen as consistent with the values that RED stands for. I began serving as a volunteer at RED shortly after we started attending. Doing this has given me an opportunity to show love to my fellow church members and people in the local community. I have actively participated in our community events for Trunk or Treat and Easter. When we serve the community, it brings joy and excitement to the faces of all that attend. Being able to do this is one of the reasons I love attending RED Church. I want to say that when RED made the announcement to expand our campus, I was excited about the news. I believe that RED has an extremely important mission for the local area and will provide a safe and loving environment for all those that attend the current and expanded campus. This expansion will allow RED to grow in the outreach opportunities for our local community. X Amanda Weisenburger Chris and Cindy Carrothers 3204 Ashaway Rd. Virginia Beach, VA 23452 April 20, 2023 Greetings, I would like to take the opportunity to commend RED Church for being the continued anchor to the Princess Anne Plaza Community. For the past 5 years RED Church has supported the community. Easter, Christmas, and Trunk or Treat events are landmark events for the Plaza neighborhood that bring joy to families and create the bonds that make better neighbors. RED Church is leading the way in a long tradition of community service. For over 50 years Princess Anne Plaza Baptist Church was a beacon to the community. When RED Church moved into Plaza community, the care and energy for people was one of the principal connections that lead Plaza Baptist Church to become a part of RED Church, and continue this service to the Plaza community. As RED Church seeks to expand and grow, we see this as a positive impact on the Plaza community that brings hope for the future and adds to a long tradition of service to the City of Virginia Beach. Sincerely, Chris and Cindy Carrothers Robert Fourno" Debra Flournoy 485 Cronin Road Virginia Beach, Virginia 23452 To Whom It May Concern: We are members of RED Church and have been attending services regularly since September of 2019. RED has played an important part of our spiritual lives from the moment we participated in our first service. We were welcomed with warm smiles and open arms. We were made to feel as though we had found our home. As it turned out, we have. RED is now the spiritual for two branches and three generations of our family. We have never before felt as nourished as we do here. We are not alone. RED appears to be expanding its base almost exponentially. RED quickly outgrew its first permanent home and was required to move to larger quarters. Attendance rapidly grew after moving to the new location. RED recognizes the need to groxv its facility in order to minister to families like ours, families that want a health- spiritual foundation and a strong sense of community. RED participates in numerous outreach and impact missions to reach others in our surrounding communit\ . We are excited that our church is continuing to expand and striving to fulfill its core mission: to see 10,000 lives redeemed! Robert Flou Debra Flournoy ��4J9�, � , � . � uo,-�y s r� ��� ��.� � �� �,���' � J � � �''Y� � �3� S���c7�� �'�r,a r r� ��'J'-� ->..,� a��a- � � ���� � �o� �� � To whom it may concern, I am writing this letter in reference to the expansion of Red Church. I've been attending Red Church since May of 2019. At that time, we had a small building with a pretty small congregation. Over the years, even during a pandemic, our church was consistently growing in members and guests, which is why we sought the bigger building, located at 245 S. Rosemont Rd. I love watching my church growl My guess is that people hear about all the good things we are doing. We are bringing non-believers closer to salvation every week. I've personally witnessed some of them come to know Christ and have watched their lives change for the better. We're involved in many different types of missions in the community. We have international missions as well. As far as our internal mission, we have the privilege of signing up for small groups, which is a great way to connect with others and grow in our faith. We are also creating faithfully devoted children through our youth programs and Raise Academy. We encourage each other to serve and volunteer, which in my opinion, is why we're here! We provide the space for a 12-step meeting once a week for those struggling with addiction. We welcome everybody, no matter what their background or beliefs are. Current members invite family and friends, and once they attend they come back and then they invite family and friends, and so on and so forth. We are running out of room for all of the people who are intrigued by and influenced by our church. We will continue to change lives. We will continue to help people who are hurting and need a safe place to go and feel welcome. We will continue to bless the community, and we will continue to grow. So to be honest, I can't think of any good reason to not expand Red Church. We simply need the extra space. Our motto is that "Jesus Changes Everything." I hope we have the opportunity to build a better future for other members in the community and expanding our building will make that goal reachable. I hope this letter of recommendation is taken into consideration at the time of determination and resolution. Sincerely and respectfully, Amy Marburger 3357 Woodburne Dr Virginia Beach, VA 23452 757-788-4749 Subject: Recommendation for RED Church Building Expansion Dear Virginia Beach City Official, As concerned and active members of the Virginia Beach community, we are writing to express our strong support for the expansion project proposed by RFD Church.The church has been an integral part of our community for many years, and we believe this new building will greatly enhance its ability to serve its members and the broader community. Below, we have outlined several key points that demonstrate the value and need for this expansion. Community Outreach and Support: RED Church has a long history of providing services and support to residents in need, such as (but not limited to) assistance with basic needs, food and clothing donations and assistance to the homeless.The new building will enable the church to expand and enhance these crucial outreach programs, benefiting even more members of our community. Growth in Membership: As the Virginia Beach community has grown, so too has the congregation at RED Church. The current facilities are no longer adequate to accommodate the growing number of members, and the new building will provide much-needed space for worship and community events, such as our annual Trunk-or-Treat and Eggcellent Adventure events. Youth Programs: RED Church plays a significant role in nurturing the spiritual, emotional, and social development of our community's youth through various programs, such as youth groups and mentorship initiatives.The proposed building will offer additional space and resources to expand these vital programs, promoting a positive and supportive environment for our young people. Environmental Considerations: In designing the new building, RED Church has taken into account environmental sustainability and energy efficiency, incorporating green building materials and practices to minimize the environmental impact of the expansion. Economic Benefits:The construction of the new building will create jobs and stimulate local economic growth.Additionally, a larger and more active congregation can have a positive impact on local businesses, as members may patronize nearby shops and restaurants during church events. We are confident that the proposed building expansion will greatly benefit the Virginia Beach community in many ways. We kindly ask you to consider the positive impact of this project and grant the necessary permits for RED Church to proceed with the expansion.Thank you for your time and attention to this important matter. Sincerely, Brandt& Lisa Boulden 3752 Silina Dr Virginia Beach,VA 23452 757-339-3416 a B2 0� B4K B4K ti Sing1et - - sing�et°n a c B4K B4K 02 R,7.5 � B2 B4'K a El // B2 B4K � sic i B4K ~s, 02 B2 B4K g.2 \\ Rr B4K A \\ �n ec ss - j\ � nne!- Roa B4K B4K , -- Princess _—� Anne R-------------- oa N ® site Christopher Gregory W E Property Polygons 5152 Princess Anne Road & 5168 S Zoning Princess Anne Road Building Feet 0 3060 120 180 240 300 360 ri�'N �Cy4. , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER GREGORY [Applicant] PRINCESS ANNE/WITCHDUCK ASSOCIATES 1, LC C/O ROBINSON DEVELOPMENT GROUP [Property Owner] Modification of Conditions to a Conditional Use Permit (Install freestanding signs) for the property located at 5152 & 5168 Princess Anne Road (GPIN 1466783953). COUNCIL DISTRICT 3 MEETING DATE: October 17, 2023 ■ Background: The applicant is requesting a Modification of Conditions to a Conditional Use Permit for an Eating and Drinking Establishment with Drive-Through Window in order to install two freestanding signs at the new Shoppes at Kemps Landing Shopping Center. This site is approximately 2.8 acres and is zoned B-4K Historic Kempsville Area Mixed Use. It is also in the Historic Kempsville Overlay District. Per Section 905(f)(5) of the Zoning Ordinance, all freestanding signs are subject to approval by City Council. The double-sided tenant monument signs will have custom PVC columns with a Colonial Revival profile similar to the storefront surrounds of the shopping center. The base of each post will have a red brick veneer to match the brick used in the shopping center. The signs will be externally-illuminated with ground lighting. ■ Considerations: The proposed signs are compatible with the general Neo-Colonial Revival Style of the Shoppes at Kemps Landing and the greater Historic Kempsville area. The proposed signage complements the existing style, scale, materials, and color palette of the Shoppes at Kemps Landing and they meet the size requirements of freestanding signs as set by the Zoning Ordinance. Externally-illuminated signage is typically the style recommended in historical and cultural areas. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. Christopher Gregory Page 2 of 2 1. All previous conditions attached to the Conditional Use Permit approved on March 2, 2020, shall remain in effect and Condition 1 shall be replaced, as indicated in Condition 2 below. 2. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Retail at Kemps Landing Prepared for Robinson Development Group," dated 11/11/2021, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The signs to be installed shall be as those exhibited in the exhibits entitled "Shopper at Kemps Landing 5152 Princess Anne Road", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The signs shall be externally illuminated with uplighting. 5. The signs shall be landscaped in accordance with Section214(c) of the Zoning Ordinance. 6. Sign illumination shall be white light. No colored lighting shall be permitted. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /I Applicant Christopher Gregory Agenda item Property Owner 'rincess Anne/Witchduck Associates c/o Robinson Development Group Planning Commission Public Hearing September 13, 2023 Virginia Beach City Council District 3 Request Modification of Conditions(Install Freestanding Signs) 0 Staff Recommendation p _ W �Approval W Q Staff Planner Elizabeth Nowak Location 5152 Princess Anne Road &5168 Princess Anne �y Road GPIN 1466783953 r ° PRINCESSANNE. 1L W Site Size � Z 2.8 acres a - W AICUZ x ;O FA IRp 1EL0 EL yp Less than 65 dB DNL m ck,EFT Watershed e A Rc 40 Chesapeake Bay c`r N"4GMe Ero Existing Land Use and Zoning District Shopping center/B-4K Historic Kempsville Area Mixed Use(Historic Kempsville Overlay District) t 4"W _ Surrounding Land Uses and Zoning Districts ieTpNlN � s North - WY w Singleton Way f { « Automobile service station, religious use/B-2 4 Community Business(Historic Kempsville Overlay ' District) South Princess Anne Road . Apartments/B-4K Historic Kempsville Area Mixed Use(Historic Kempsville Overlay District) East r f S.Witchduck Road Fire rescue station, retail/B-2 Community Business w ��'� �•\ �� ,�� j, & B-4K Historic Kempsville Area Mixed Use(Historic Kempsville Overlay District) s West ^�' PRIN CESS ANNSRO.`„ Religious Use/B-2 Community Business,0-2 Office, R-7.5 Residential (Historic Kempsville Overlay District) Christopher Gregory Agenda Item 9 Page 1 Background of Proposal • This application was initially heard at the August 9, 2023, Planning Commission hearing and was deferred in order for the applicant to provide a new design proposal to include method of illumination. • The applicant is requesting a Modification of Conditions to a Conditional Use Permit for an Eating and Drinking Establishment with Drive-Through Window in order to install two freestanding signs at the new Shoppes at Kemps Landing Shopping Center.This site is approximately 2.8 acres and is zoned 13-4K Historic Kempsville Area Mixed Use. It is also in the Historic Kempsville Overlay District. • The original Conditional Use Permit for a drive-through facility on this site was approved by City Council on October 21, 2014. At that time, a pharmacy with a drive-through window was proposed on site. As development plans for this parcel changed overtime,a subsequent Modification of Conditions to the Conditional Use Permit for a drive- through facility was approved by City Council on March 3, 2020.The approval included Condition 1,which stipulated that the property be developed in substantial conformance with the exhibited entitled "Illustrative Site Plan," prepared by Kimley-Horn, dated 11/08/2019. No freestanding signs were included on this site plan. • Per Section 905(f)(5) of the Zoning Ordinance, all freestanding signs shall be subject to approval by City Council. • The applicant proposes to install one freestanding sign on the east side of the property perpendicular to S. Witchduck Road and one on the south side of the property perpendicular to Princess Anne Road. • The signs will be eight feet tall, including the base, and 10 feet in width. • The double-sided tenant monument signs will have custom PVC columns with a Colonial Revival profile similar to storefront surrounds of the shopping center. The base of each post will have a red brick veneer to match the brick used in the shopping center.The sign and tenant panels will be cream to match the siding of the buildings in the shopping center with black text. • The signs will be externally illuminated with up-lighting. Zoning History too � e2 e�� ( j ?�-�-�� off wv --- — y # Request �— — 1 MDC Approved 03/02/2020 84 d; CUP(Drive-Through Window associated with a Drugstore)Approved 10/21/2014 �75 Rz REZ(B-2, 0-2, R-5D, R-7.5 to B-4K)Approved 8/27/2013 !2 ( 2 REZ(R-10, B-2, 0-2, R-5D,AG-1 to B-4K)Approved El 7 06/21/2016 3 STC Approved 04/22/2014 4 REZ(13-2, 0-2, R-51), R-7.5 to 13-4K)Approved 8/27/2013 O2 02 5 REZ(R-7.5,0-2, 13-1A to 13-41K)Approved 04/10/2012 4 82 B 6 CUP(Religious Use)Approved 12/11/2001 -,� \ 7 CUP(Religious Use)Approved 10/15/1999 ��� 8 CUP(Motor vehicle rentals)Approved 11/08/199S 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—NonconformingUse ALT—AlternativeCompliance STIR—Short Term Rental Christopher Gregory Agenda Item 9 Page 2 Evaluation Recommendation In Staff's opinion,this request for a Modification of Conditions is acceptable. The proposed signs are compatible with the general Neo-Colonial Revival Style of the Shoppes at Kemps Landing and the greater Historic Kempsville area. There are no specific design guidelines for signs in the B-4K Historic Kempsville Area Mixed Use District or the Historic Kempsville Overlay District. General guidance can be found in recommendations in the Historic Kempsville Area Master Plan design guidelines for"Other Site Elements": • Site elements should contribute to the site's character and not detract from the site's principal architectural features and should be compatible with adjacent sites in the District. The proposed signage complements the existing style, scale, materials, and color palette of the Shoppes at Kemps Landing and they meet the size requirements of freestanding signs as set by the Zoning Ordinance. Externally- illuminated signage is typically the style recommended in historical and cultural areas. Given the design's overall compatibility with the shopping center design and existing signage, Staff recommends approval of the request subject to the following recommended conditions and exhibits in the staff report. Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approved on March 2, 2020 shall remain in effect and Condition 1 shall be replaced, as indicated in Condition 2 below. 2. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Retail at Kemps Landing Prepared for Robinson Development Group," dated 11/11/2021, prepared by Kimley-Horn,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The signs to be installed shall be as those exhibited in the exhibits entitled "Shoppes at Kemps Landing 5152 Princess Anne Road",which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The signs shall be externally illuminated with uplighting. 5. The signs shall be landscaped in accordance with Section214(c) of the Zoning Ordinance. 6. Sign illumination shall be white light. No colored lighting shall be permitted. 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. Christopher Gregory Agenda Item 9 Page 3 Conditions of the 2020 Request A Modification of Conditions request to modify the site layout of the shopping center: 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "ILLUSTRATIVE SITE PLAN," prepared by Kimley Horn, dated 11/08/19. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The maximum deviation setbacks for the proposed buildings shall be as follows: 5,300 sf building 30 feet from Princess Anne Road 30 feet from S.Witchduck Road 9,800 sf building 190 feet from Princess Anne Road 190 feet from S. Witchduck Road 170 feet from Singleton Way 3,800 sf building 35 feet from S. Witchduck Road 30 feet from Singleton Way 3. At the time of site plan review, a Landscape Plan that reflects Category I landscape buffer between the drive- through lane and the rights-of-way, in addition to all plant material required by the City Zoning and Site Plan Ordinances, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. The drive-through facility shall not utilize exterior speakers that are audible from any property line adjacent to residential uses. 5. The drive-through facility shall be located on the same parcel as the structure within which the principal use for the drive-through is located. 6. The drive-through shall not operate between the hours of 12:00 midnight—5:00 a.m. 7. The drive-through facility shall be restricted to one lane. 8. There shall be no signs for the drive-through facility on the building or site,with the exception of directional signs not visible from the public rights-of-way. Such signs shall not be internally illuminated. 9. An overhead canopy for the drive-through facility shall be allowed, except that such canopy shall not project more than four(4)feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. In no case, however, shall a drive-through facility have an overhead canopy that extends to cover the total length of the drive-through lane. 10. The architectural design shall conform to the purpose and intent of the Historic Kempsville Area Master Plan. Christopher Gregory Agenda Item 9 Page 4 Conditions ofthe 2014 Request A Conditional Use Permit request to develop a drive-through associated with a drugstore: 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review,the drive-through facility shall be located on the Site substantially in conformance with that shown on the submitted concept Plan,entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said Plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the two submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 P.M. and 10:00 A.M. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. 6. The 'balcony'canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four(4)feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1)foot on each side. Comprehensive Plan Recommendations This proposal is located in the Historic Kempsville Overlay District. While there is no specific guidance for signage in the Historic Kempsville Master Plan,the general design criteria call for designs to respect the scale and palette of the desired architectural features for the District. It is recommended that the sign utilize similar materials as the overall development, and avoid unacceptable materials such as shiny metals, aluminum or vinyl,tile, and white mortar. Acceptable materials include brick,wood, or synthetic material that resembles horizontal wood siding. It is also recommended to consult Appendix 2: Recommended Vegetation Lists, in the Historic Kempsville Area Master Plan,for guidance about additional landscaping around the sign. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed. The site is also located in the Historic Kempsville Overlay District.The property itself has recently been developed and there are no historic properties that will be affected by this proposal. A replacement Virginia Historical Highway Marker documenting the Skirmish at Kemps Landing(KV-27)will be reinstalled on the property along S. Witchduck Road. When installed, the marker and the signage shall be aligned so as not to detract from the historical marker. Christopher Gregory Agenda Item 9 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 27,700 ADT' 32,700 ADT'(LOS z"D") No change anticipated Witchduck Road 34,400 ADT' 55,500 ADT'(LOS2"D") 'Average Daily Trips Z LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is classified as a four lane minor urban arterial. There are currently no CIP projects scheduled for this section of Princess Anne Road. Witchduck Road in the vicinity of this application is classified as a six lane major urban arterial. There are currently no CIP projects scheduled for this section of Witchduck Road. Public Utility Impacts Water&Sewer The site is connected to City water and sanitary City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 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 August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 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 October 13, 2023. Christopher Gregory Agenda Item 9 Page 6 Proposed Layout + , �� ! �;!��3 i ���� °�� �as i + €• api �� �``j1:€�d�� �{,I ll,� i {� jj9 a ��� i3,i 1 j y1i1i IaS �yi ;i e�li :oi �ptes till li �1 g;�r z 14 till_ all %huowof fill It1411i,oil Il���� 13apj uogeool ivawnuoyr n �'I` �^ a tI♦ 0 0©000000 P 1I�j�E'+, i t e a jf I a wy ` li193 HIM a g�ES all la��� l f- 8------- ---------- 91 RETAIL AT KEWIPS LANDING Kimley Morn eeoe,en ea n ,` S S ROSINSON DEVELOPMENT SITE PLAN GROUP W.i1A CF/G MiCYA w Y ane D•x Christopher Gregory Agenda Item 9 Page 7 Shoppes at Kemps Landing 8' tall x 10' long - with brick column base 5152 Princess Anne Road ' t -SideoT—ItwonumenlSlgr prior version - no brick at 90" tall wv"Custom WC Columns external illumination - ground mounted lighting raised aluminum lettering for S/C name-aluminum blanks with black vinyl copy for tenant panels �0 SHOPPES at KEMPS LANDING TENANT NAME 8' - ---� 5152 k 38 x 86 overall tenant panel area — each tenant=8 x 39 gym■ ■ �■■�■ ■ ■non nominal 20"x 20"column =■ =■ ■__ brick base ■__ �__ SL.Gnade n r+ D o sv G) v m ro 3 0 00 1.0 -< Site Photos OR L757,222 ' Christopher Gregory 'C tw s t � r Agenda • 9 Disclosure Statement Disclosure Statement Planning&Colini niq,.:' Developmen The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Christopher Gregory Does the applicant have a representative? ❑Yes M No • If yes,list the name of the representative. Christopher Gregory;Chris Sanders Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? D 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 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. 1"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Christopher Gregory Agenda Item 9 Page 10 Disclosure Disclosure Statement X ID VW —11.l Ibvnw Ilu,.i Planning&Cortununity .�_ � _ 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 M 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-col lateral ization,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 service. 2. Does the�pp;can:rave a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ©No • It yes,identify the company and individual providing the service. 3_ Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 'No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes M No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g r Christopher Gregory Agenda Item 9 Page 11 Disclosure Disclosure Statement . Planning&Community "111111111111K Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the company and Individual providing the service 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,Identify the firm and individual providing the service. 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 Christopher Gregory-Director of Production Print Name and Title 05/31/2023 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(21 weeks prior to any Planning Commission and City Council meeting that pertains to the applications Nochangesasof Date 1 Signature - /B _ �9/29/2023 W Nam }C. P; li beth Nowak Revised 11.09.2020 31 P a g e Christopher Gregory Agenda Item 9 Page 12 Disclosure Disclosure Statement X ID Planning&Community Development owner Disclosure Owner Name princess Anne/Witchduck Associa—t T C Applicant Name Christopher Gregory Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?E Yes ❑No • If yes,list the names of ail officers,directors,members,trustees,etc.below. {Attach a list if necessary) Chris Sanders and Toni Ri)hinson • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity°relationship with the Owner. (Attach a list it necessary) Robinson Development Group Known Interest by Public Official or Employee Does an official or employee of the City of%Rrglnia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes [X 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. 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(M)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 1 P a g e Christopher Gregory Agenda Item 9 Page 13 Disclosure Disclosure Statement Planning&Community p Development f 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 instituFons providing the service. 2. Does the Owner have a real estate broke r/agent/rea Ito r for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the company and individual providing the service. Pa;kci Burnell RE Curtpanp ;Jay Bumell 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 m 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. Kimley Ho ; Randy Royal; Laurence Benson 5. Is there any other pending or proposed purchaser of the subject property?❑Yes In 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?M Yes ❑ No • If yes,identify the company and individual providing the service. PG I larris Construction C,:: Paul Harris 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. ximiey Horne; Randy Royal; Laurence Benson Revised 11.09.2020 6 1 P a g e Christopher Gregory Agenda Item 9 Page 14 Disclosure Disclosure Statement ..,,� Planning&Communih, 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?ilYes ❑No If yes,identify the firm and individual providing legal the service. sir- � , ,"Z.(';I.. ,,.,; Charles Land 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 twoweeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public b or committee In nnection with this application. Owner SignatuVe Chris Sans Print Name and Title Date Christopher Gregory Agenda Item 9 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Christopher Gregory Agenda Item 9 Page 16 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item # 9 Christopher Gregory RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item number nine, Christopher Gregory, applicant of Princess Anne/Witchduck Associates 1, LC c/o Robinson Development Corporation Modification of Conditions. Is there a representative? Mr. Gregory: Christopher Gregory, IDF Pensign. Mr. Horsley: Thank you. Are the conditions acceptable? Mr. Gregory: Yes sir. Mr. Horsley: Thank you sir. Is there any opposition to this request? Hearing none, I'll ask Commissioner Anderson once again if he'd read this. Mr. Anderson: Thank you. This applicant was initially heard on August 9th, Planning Commission hearing and was deferred in order for applicant to provide a new design proposal to include methods of light illumination, which was done and approved. The applicant is requesting a modification of conditions to a conditional use permit for eating and drinking establishment with drive through window in order to install new freestanding signs at the new Shoppes at Kemps Landing Shopping Center. This site is approximately 2.8 acres and is zoned B-4K Historic Kempsville Area Mixed Use. It is also in the Historic Kempsville Overlay District. Staff is recommending approval and this agenda has been recommended for consent. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS 1. All previous conditions attached to the Conditional Use Permit approved on March 2, 2020 shall remain in effect and Condition 1 shall be replaced, as indicated in Condition 2 below. 2. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Retail at Kemps Landing Prepared for Robinson Development Group," dated 11/11/2021 , prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The signs to be installed shall be as those exhibited in the exhibits entitled "Shoppes at Kemps Landing 5152 Princess Anne Road", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The signs shall be externally illuminated with uplighting. 5. The signs shall be landscaped in accordance with Section214(c) of the Zoning Ordinance. 5. Sign illumination shall be white light. No colored lighting shall be permitted. END" SUES, P®U, D®N, GM AHERN & L , P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW JON M. AHERN SUITE 500 R. EDWARD BOURDON, JR. VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CROMWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 MARK R. GARRETT October 6, 2023 MOLLY R. KISER Email:amccorl<ie(a)sykcsbourdon.com KIRK 8. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. DAVID M. ZOBEL Via Email and Hand Delivery -Admitted In Virginia and Washington DC The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: 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 October 17,2023 Public Hearing Dear Honorable Mayor Dyer, Vice Mayor Wilson and Members of City Council: At the request of City staff and with the concurrence of 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 October 17, 2023 Agenda to City Council's November 21, 2023 Public Hearing Agenda. Due to its contractual responsibilities, Wycliffe Presbyterian Church will not be in a position to request any further deferral beyond November 21, 2023. 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 October 17th. With best regards, I am Very truly yours, R. E a►$-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 10-06-2023.docx 0110 Rio f r ` ED Q� 01 R0 --R2 _-- - / \ �o B2 o ,, l ® site Wycliffe Presbyterian Church j Property Polygons '1445 North Great Neck Road, 2307 Millwood Road, parcel Zoning between 2307 & 2309 Millwood Road Building Feet 0 40 80 160 240 320 400 480 Nu CITY OF VIRGINIA BEACH AGENDA ITEM 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: October 17, 2023 (Deferred from September 19, 2023) ■ Background: This item was deferred at the September 19, 2023, City Council Hearing to allow additional time for the City Council to review and receive additional input on the proposal. 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 Wycliffe Presbyterian Church Page 2 of 2 received 36 letters of opposition and two letters of concern, all of which expressed similar concerns. 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 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��C . City Manager���� Applicant & Property owner Wycliffe Presbyterian Church Agenda Item Planning CommissionPublic CouncilVB � City 6 Virginia Beach Request Modification of Conditions (Religious Use) Staff Recommendation —'r _ g. 0 Approval <. g�aE�`kNDw Staff Planner J-4000* Marchelle Coleman "2 Location 1445 North Great Neck Road, 2307 Millwood (MEAT NE CI �p� �'G � WLLDAM RD .. Road, parcel between 2307&2309 Millwood '7 r Road k 1 t GPINs 2408098544, 2408098375,2408191128 Nv '.1DE Site Size 8.01 acres J► _ A I CU Z /r'`/ ^�UREL COVE DR Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District i`• �. . . Religious use/R-10 Residential Surrounding Land Uses and Zoning Districts North N. Great Neck Road Undeveloped lots, restaurant, office/R-10 Residential, B-2 Community Business District '"' �'• South Single-family dwellings/R-20 Residential + � East ' .•' Office, single-family dwellings/ B-2 Community Business, R-10 Residential West �46 ; Single-family dwellings/R-10 Residential L Ilk� ;,,. p 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 ✓ AJ ,o `�� '�� C� Zoning History # Request o o 1 SVR(Lot Width Reduction)Approved 10/05/2021 v CUP(Vocational School)Approved 10/05/2021 i l sz 2 CUP(Tattoo Parlor)Approved 01/21/2020 3 MDC(Church Addition)Approved 12/12/2000 o sc MDC(Child Care Education Center)Approved 12/19/1988 Imo < CUP(Pump Station)Approved 10/15/1973 i- ��o� CUP(Church)Approved 08/03/1966 �� 4 CUP(Automobile Repair Garage)Approved 06/09/1992 Application Tvpes 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 Conditionsfrom 1. Standard site plan requirements (Engineering). Previous Conditionsfrom • ' 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. Previous • • • from 111 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. ResourcesNatural & Cultural • 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 ADT' 55,000 ADT'(LOS 4"D") Existing Land Use 2-0 ADT Millwood Road No Data Available Proposed Land Use 3-117 ADT 3 Average Daily Trips z 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, October 3, 2023 and October 10, 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 October 2, 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 October 13, 2023. Wycliffe Presbyterian Church Agenda Item 6 Page 5 aTw,ve TAKE ABeA TABLE CLINE LENGTH RA.DM 0MTA TAI-0Ol1 CnORB CN0110 Bf11PBD ►NILEL OE110MIT1gM L¢T ARNIB¢Ra LGTw11611\wC.! K MIICi BAhT M", tqi CI BIJB 3a0J1B BIB'lltA' NAB I1.M M/f=A4 PNI0K B4A3 IB_ ]!A A>9 7X! B1--. — TRQIBE /OTAL aALDC 10. !Or-5 6CIXX S" Ca tit a11a 0¢IYB? <StB am' NM•Zof (Al.(1 rC.M/ <Or— MIIMOCRaDNm CfRTlY TM1M RlBIf®VIs01�ARR Q EC•x P .9Y(L/K A4Nv ARVFAR{p•ITRi Mi,C¢N1P0.R TO T,E ARLGBLE F</ Ls fE!5 COI/E" pvsm.zavleaDlwlarrlroJ at6 �ai'�s ReDIYATnMB RruTBmTOM RCBUBOMgR orwo \ /! �le) �__-"-- anar, rK9-9l-Aref -�� AND nnccore>rNar rvwNCD.nwaTnwRwwL,nrt yTpp!['AM lM[RBDTIRD tb IMT DCITIIV M 1¢M(b111lCTNRBB mAMrf Sft<ma mPTra.corn \ n'rCry w — aitt:souRwnr.nRm aR mnen LiEi aNaw oR ea!!•Ia1F-w-urf r�eR m.tt 7 r�ir [or-, T,SP Rtwr.[xMTRtl MIRtJC R�ONfbCNlAr.IAKIe1Ta, AM7 — `- —M,1•MYBM mr►-— LGQ'7" �y� dl OTIR IUIIIC IN2RlatE NDT a11D4Mi W TI115 MT _ ——W+VR•fW 3]iaT-— \\ -'. RNB7 I fY'!�'a 1NI RUTLAT PB.e.MNCFTICT UO ARI MOTT�IWM r� EKTOiUABNRO aYDMSegN Atli INIB -f .!'ArARA:aal.Vl.<rr a ~1 K SfA At21e CUlYlll'CA,SAEII(ALQ1G' !O'fA.aLRENT ,.�' 1'/LILIC cwAev.![ra I N1fArM1Ctl(J2DBI5OJ I ARRROYeD. SKr Awn KM lALS .a,re sL^mJ \\• u�w u�z�.LEMA•iuAes�'I M1AI..Ro 056CTOP.(Y.A.lrf.!Y.11J � Gl1r Or NPGINN REAW,VRGMb1 (rs Irz M mJ ri<heru ,A ARMOVED: a \ rARCCl li•2-A I I �101 b• d11lGTOR 01RIBl1C T1dN0{ LTrI Or NRGYW OBACH.VliGINN : alb•a.T!N[l:MOM!leaN1/ <ol'-TS \ -.wsTecs or__"r wssrt:�wn�acx�.' R ('ue �J IEGEND at a ox a:AV \ rAp.u!s ti,aaL •^�, K OISKivE- (x \ rA_x rel.x-!sn SVIAANA .................... A,Ir \\ µi I-SIF.)V11rII$r'pl1�SAMI NIORIRT'lP111111SY VIMTm ew�lrNr / / \\\\ Arvxvnw>E lcrwMKsv A►7 wolAea,rrna.EArr L*B OXk flee-/R-0T6! (Ya 111,AG/J� a•KFP.Ga rA3LlEA'rY HA4P S.lKIV AIF (II6 rrl4 roc 1.1�/ tL10tJ1'b' aTrr pr arlp f]O BRRDR911Y L!E Na rws.1 Ac. »ar I (i!e u AG reJ (aa 1•A7 AV ew/ KUAYG<IMFl N!RJV. TR¢R RM BET. / / \ \\ \ I AAYJTArIlTN o COL.LTHLTNII f01lO•IlBiT AA.KLt A lNnoTpv . cCNG STEEL PN SET ruKa, ' / / \ I(MIw rnx,oAwnlr Tl R' yr uNwnE TDBS BST-rw�iuni TAa aroe-OR II/61] ALL PtrsRrDa LoiuNea / — \ sEzoE.vsr. ! .7w I— I A1I'.BI.'lrCYI1PYJ IAMBL84A.1 // 0I11RI�m� � •C \ I: I \\ X�' Bl1 BNRr10RliVRIIDiIBMO CIRIRY�110M '/ i rANOfl e.AA B'� TrZ� `M - — I I Me)A MrI JrIHOrNHlO! � , � I .•7•.0 MIF' \ 111Vtt!Ta 0.A N'T!L I TBVaru!ur r r u.cNLwcN p I A •ssrTl+rAx raesw!!S*a .G!l M ra/ AIRKAACNr LMANAae fAAJ�IIL•r >y Ais n!lS II (—M.rvinxzsowrr,w I I IAMCL8-TA-T I I $$(Ap� RESUBDIVISION PLAT GAPS rKtl-le-1 x ■ffAi8l PAaABRG TwAltaF ORanBwe I F'Y' OF PARCEL B-1-A (a■rn,wa rJ p� I ne rBlA AG zseJ I : I ��y y Ia'aBAAMa Al1D �, tyy AND _ I ula r fA ao E, C o<a..x x ep I ��� PARCEL B-2-A nBr f I I o' ,e'PLSA ura eAspKvr : I•Gn yrAeafE raIsssc.s�l,orAevaGrTr s!)s--{ I°�f^ r Mn zoJn»eanneevenlJ I vo, f° (INSTRUMENT#20 1 41 21 800 1 1 86080) -- m- (D.B 1355 PG.661) Im AND APrJ (D LOT 1.BLOCK B eAs fAaaleR•r Mo'alfsAafwAr.i.lD —ola B.uiAa BEOIN GREAT NECK ESTATES,SECTION ONE M a.iaTnL¢ (ue ao3 ti.asJ s e,zmTaatm _D 'IELE}MM eTzmu.+N.Nr (D N EA.Q9TMEL7YRk:140 ccRVANr c seA 7 (M.B.43 PG.28) rn A<lATAeBfA1VlHRRI/rLltMln (as Jrel,x 2w GADDY (D.B.1828 PG.516) AA.rrusJ �A1e 11z Aa lv DMII/W SCALE VIRGINIA BEACH,VIRGINIA � r�-n B Ba Tm Tm roaELaG .'Eu FEBRUARY03.2023 (D umN BinwmcRo,BurED �. P•1 vpONA irAC�.Vw,TA•it CL SHEET 2 OF 2 fl] D) (D S C (D n Ol Ol S Site Photos r w tilt�, 'v „d I y f I Site Photos T I < : 2` L NE Disclosure Disclosure Statement Planning&Community- Development 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. 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? N Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) David Gangwer&David G.Carney,Co-Trustees • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Wycliffe Presbyterian Church Agenda Item 6 Page 9 Disclosure Disclosure Statement C'4y uJIWy-w B—h Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? 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/reakor 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?❑Yes N 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. 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. Bishard Development Corporation Revised I I.09.1020 Wycliffe Presbyterian Church Agenda Item 6 Page 10 Disclosure Disclosure Statement X ID cas of Vkpw 11M.A 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. 1. 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. Make Gaddy,Gaddy Engineering S. 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?M Yes ❑No a If yes,identify the firm and individual providing the service R.Edward Bourdon,it,Esq,Sykes,Bourdon,Ahern&levy,V.C. ApRikant i1nature 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. Wycliffe Presbyterian Church 8y Applicant Signature Print Name and Title 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 • e applicationsthat pertains to the No changes as of Date 9/26/2023 Lg>•amre ,., "'N"ne 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 Dam 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 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 I spoke in favor of because I've been an active member of Stop The Flooding Now and I 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 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. 1 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 swimrning 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 stormwater 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 rernoved 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 of this 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, I 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 lin 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: Good 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 water 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, at 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 I 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 in 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, I 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 B ler NAY Clemons NAY Coston AYE Cuellar NAY Estaris NAY Horsley AYE Parks AYE Plumlee NAY 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. From: Michelle Conti To: Planning Administration Subject: Wyclt fe Subdivision permit 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. • �' Ad -C a i a I , � 1 1 s i,Ee }tom 1 From: Michelle Conti To: Marchelle L.Coleman Cc: Marsh Rona Subject: Propose Wycliffe Subdivision DSC File#104-016808-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 s O = - . t � i. );`d �- � I � ,-,,.•'.� � �'� 1� ,, poi ,: s�`}_�" •' � VI IT t 's ° a ash. -•. � «..! - �`� '*.°�- r .•r r .,',.. .V•-� ,. ; � is lb r « .r . Wycktte Presboetean (;�14ls Ch 41 you recaa Mt&WADuck who 1A'WycllMa fi$mxjt alwomoddPwimcbmimpa helgfpylob dwwvcwoe �tOgelO0t11 w wsm IMOwriMPinO tneerer�ph/am" flit eMViOe� rnrwayR � s`um ,,coeatemet «:SP— From: Michelle Conti To: Plannina 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;citvcouncil(dbaov.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(@amail.com To: Plannina Administration;citvcounciWvb.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: Marchelle L.Coleman Subject: FW:Wycliffe Proposed Development Date: Monday,July 17,2023 11:10:53 AM From:Windy Crutchfield <windy.crutchfield(cDl;mail.com> Sent: Friday,July 14, 2023 2:30 PM To: Seth L. Edwards<sedwards(@vbgov.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. i Cat -� Est - 00 +� • it � • w► j .` •�a � N r k F r - , r4 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 rCAUL 16N� 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. I 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 197811 *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 andrewrbrovles mail.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 ----- r CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments less 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 From: MELM To: City Council Cc: Marchelle L.Coleman;Holly Cuellar;Patrick Duhanev Subject: Flood Risks and filling in Wycliffe National wetlands for 12 houses Date: Friday,July 21,2023 3:06:00 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. 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$I 1 million to fix homes being flooded after developer left). Lake Conrad 2 is part of National Wetlands Inventory classification LIUBHh • LEGEND r w � s a t , ti G . or • 4 �V � r f - r.,s+ .bl .� �}��lam' �.li,. � ,.� r,• N � fir_ y l is L s r' a 36.880 1 -76.044 (center` and Wildlife Service, Na... AA primary.wim.usgs.gov (� h LEGEND 00 f , t 401 r r �, , ✓ •/ . ,."" is� . • s • -• ��" � �� � /� ti �.�! ..ram. �.�� l,~i �`� • VP 96. *. a d r • 'T s � y M 1 :9,028 T 36.880 -76.044 cente+ n and Wildlife Service, Na... AA ii prima ry.wim.usgs.gov Its a very large wetlands and the classification is"permanently flooded,deep water habitat greater than 20 acres in size" Wetlands include narrow forested and shrub dominated zones on banks and benches along streams;broader floodplain areas that are seasonally flooded and usually dominated by trees;wet meadows;and seeps near the base of hills. Many small wetlands have been created or modified by human activity(e.g.,excavation)such as farm ponds and impoundments. Description of wetland habitats by C'owardin(1979)classification: L I UBH Permanently flooded,deepwater habitat greater than 20 acres in size(e.g.,natural lake). L I UBHh Permanently flooded,deepwater habitat greater than 20 acres in size that is created by an impoundment(e.g.,reservoir). fws.gov PRr.�t_tiSF i�Fi 1.11�ULNG SETBACK LC NO tA�]O FRONT SF JaA[K E.l t0 501 %1 TRACK )7V RE AN$1 titACK l_.1 30 Slof AV-AUHt IOASTNr(1 St J6ACR tdr''J FA/R8A1VKS COPE A,-Clry of tTi`C'~MA(7! t_�. _ _ .MCM-t19-.f1lV 7 IM1•f1S'/PW Ell ri41'4Y111M jJ/IT Ou► --JJ tT•--. / tOrr �. Roar V* ��` �a � YJr diPG 3 % t� ALoJ o e �) it i oTs l/ 1 t t \f� dwavc�►oAura to Js scr ,jti�r�(••;� �{:�,�-+.,:: j_.S3G*MrT �- urx nrEwsk weErvr tv a sa.PG M', ' s?�} �?fit•=:?:�JS'tiX 'JE07 ' Qt0CX•e• MJe a PU MV �, c 1* n• / I ldVS7R?D/471 / 1 LOT r J + f G (,ASV 1VAlLAs"M ((( LOT 10 I LB}� °' $l rarm cyryor Alf 0-1k 1 .•' .•:•'•::'• __ , rJ/B tJ PG ldj a $ LOT 6 v V' B �iMDQrA W MC£L C s Paurtu-t rzwmw �'•' LOT 11 CPAv-NM pg 74f4w 1 Fie ; ! A A NTI r2e-vti----- ::''.. t ; H3a•2077W t+ae•xazrw ' 13•- ----- 1 Ic [ / Y cTlCly LO t2 LOTS w B T r fW = LOT 13 (TO BE OEVICATED Putt' wi "'----- n1 1 �01N•'.. : �:� /f,l f1 j TO THE CITY OF., r ' f �D C21 1 r 01 t f l£ 1.1 NIS 47 4 r 8 r r r Ev LOT IZ i LOT 3 ® LOT �� LOT A i i B BEJ � f r f i �1c1 C r a� C : 3 EC4 EL16 80.00 ► + 51" t WOO' + 48.36 . 27 2V N82*41'50 E )/A ELIO nA 3 3 pliytF�E111 23 05' 17R": NAMIUL 3 L1 ;4S64&rA&-N7 J POINT OF BEGINNING '8 JV05.PC ,75) f0'CHrS4PE KEAAV N 3,489,633-66 P076104C 7&EPH Wf E 12,200,976.07 A T NECK ROAD CCW,,WY64S6aEM7 AM7f1R/Gs/l,61,r-WAYJ �D8 1Xf,,PG?SS/ WB 44 pa zw to r. And we have HRSD warning about Flood Risk. X https://www.hrsd.c... Q i www.hrsd.com I�l FLOOD RISK IN A CHANGING CLIMATE IMPACTS TO HRSD ' S FACILITIES e. MAY 2023 H�C`� httpsO//www.hrsd.com/sites/default/files/assets/Documents/pdfs/Engin ri g/CCPS_Rel2ort 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 Passaris 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: iulia cherry To: dhHorselev@)vbgov.com: Marchelle L.Coleman;John H.Coston;Bryan Plumlee;George Alcaraz 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: Jim&Calmetta Allen To: City Council:Christopher Taylor;Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson; Kathryn Bvler; George Alcaraz;man Plumlee;John H.Coston;dhhorselevCulvbgov.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 jallenl82@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: Jill Walsh To: Marchelle L.Coleman Subject: Opposition to Filling of Lake Conrad Date: Sunday,August 6,2023 10:42:20 PM C 6110N: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 Whone From: d6mpervento(@amail.com To: City Council:Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Bvler;George Alcaraz; Bryan Plumlee;John H.Coston;dhHorseley(a)vbaov.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: JLisa Spy To: Bryan Plumlee;City Council;dhhorselev(awbaov.wm:George Alcaraz:Holly Cuellar.John H.Coston:Jan ByJeX Marchelle L.Coleman;Michael Anderson;Michael Clemons:Naomi Estaris Cc: Deanna Steoanovich;Jesse Meador(Deanna);Robert Ianucci:julie.blanchard(averizon.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<IisanovasmithPgmail.com> Date: Mon, Aug 7, 2023 at 8:40 AM Subject: Fwd: Increased road flooding during/following heavy rains: Laurel Cove To: Lisa Smith <I!sanovasm!th(ftmail.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:<PWClrks(@vbgov.com> Photos of the Laurel Cove street 'flash flooding' in 2020. Can also send the recent 2021 pic, if needed. • ���•'.. fir' •t :'t.a_.}Y �» r IM. 1 �fp[t,L,:31Lif @�+��, ;�� � 4�,. �i� � 1� L � � � ` ; �� ' 1.�Y� �5 , Qq, �. 5 '. A �' � �` -4 _ '� � � '� r 1 L , � � 5; .� ;; � �.. , �, ,�: � � ���_ g: �`� � � �. �','�:, �f��'t �i,�`L., i°� 1 • '� - ,. � e1� y 1 y ,. ,; � ` ��a��z k �,. ���n' ��' �� •�+ z � A yY,fi \ sy 1 �` i � � � �e � . . • \»� yy\ :% /&-¥ � . ,•�\ �: . �. I - ,$ � - SM . . yr .•., �, 3" �� � .�•- d � �, ' . :.F '*e � .. � ��� �� j, t'• } t 4 S�. .. _< � �a .�../ '. ' �a.. �. . �._ ,_ 1 '� � �'� . "'R��' '�•r� 4,L� + �� �� i �, From: Windy Crutchfield To: Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Bvler;George Alcaraz;Bryan Plumlee;]Qbn H.Coston;dhHorselevOybaov.com;Marchelle L.Coleman Cc: City Council;windy.crutchfield(algmail.com Subject: Agenda Item 6 Wycliffe Modification of Use Date: Monday,August 7,2023 11:03:16 AM Attachments: Wycliffe CUP Exhibits.ona 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. ._.__..___....._...._.______._.___..wW..___.W___________.._.____ _____._a_. __ __ __ _ ____._..._._._—_.____._.____. _.._.__._. 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 ,. ,���„�� Exhibit B wyd, d�� ��t ear . t y� ,,pl, Q�Yr✓ 41 1� 2 t r/`o A Exhibit C Exhibit D 40, • ( • � i ♦ . . .. . . 1 fry ,Ji !., .. r ♦ / f 1 I i f 1 ' ' From: Michelle Conti To: City Council;Holly Cuellar;Naomi Estaris; Michael Clemons:Michael Anderson;Kathryn Byler;George Alcaraz; Bryan Plumlee;John H.Coston;dhHorseley(cbybaoy.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 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 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;)jolly Cuellar:Naomi EAaris:Michael Clemons,Michael Anderson;Kathryn Byler;George Alcaraz: Bryan Plumlee;John H.Coston:dhHorseley(&ybooy.mm;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: Marchelle 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 Esteo 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 Estaris;Michael Clemons;John H.Coston; dhHorselev(@vbgov.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 This email originated from outside of the City of Virginia Beach. Do not click links or open attachments j i unless you recognize the sender and know the content is safe. j 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(@ybgoy.com;Marchelle L.Coleman Cc: kerstinCalmaintaltranslations.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 Steltz 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: freitodd(a)aol.com To: City Council:Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson:Kathryn Bvler:George Alcaraz; Bryan Plumlee:John H.Coston;dhHorseley(a)ybaoy.com;Marchelle L.Coleman Cc: y[indy Crutchfield:Todd Freischlaa 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 Rondorf, 2420 Pineland Lane. Captain, USN, (RET. Citizen of VB scene 1999. 1 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 development concept 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 Neil Rondorf 2420 Pineland Lane, Virginia Beach, VA 23454 From: Jennifer Snyder To: City Council; Planning 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:Holly Cuellar;Naomi Esraris:Michael Clemons:Michael Anderson:Kathryn Byier:George Alcaraz; Bryan Plumlee:John H.Coston;DHHORSELEY(@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 t 11;1 i �14,This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. We 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: freqtodd(@aol.com To: Cry Council;Holly Cuellar;Naomi Estaris;Michael Clemons: Michael Anderson;George Alcaraz;Bryan Plumlee; John H.Coston;dhHorseley(a)ybgoy.com;Marchelle L.Coleman; Kathryn Byler 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 1 I nless you recognize the sender and know the content is safe J 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 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: Sylvia 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: Marchelle 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<P1anAdmn@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 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:dhHorselY(@vboov.com:John H.Coston:bPlumberCalvboov.com;George Alcaraz:Michael Anderson;Michael Clemons:Naomi Estaris:Holly Cuellar:Christopher Tavlor;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: Dan 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 s t .. F7 { r . I Sent from my Whone 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 Wad R7.5 a A24 R1.5 B2 B2 S prive Malibu Palm _ 1 wi B2 0 woo 0 B2 0 c� 01 1 d �2 ____-- h Bouleva Beat---�.,------- � B.2 B2 N Site Emily McGraw w E Property Polygons Zoning 3636 Virginia Beach Boulevard, S Building Suite 110 Feet 0 3060 120 180 240 300 360 A Bti�4 it y i7 Z s; 4;, ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EMILY MCGRAW [Applicant] VB REGATTA CENTER ASSOCIATES LLC [PROPERTY OWNER] Conditional Use Permit (Tattoo Parlor) for the property located at 3636 Virginia Beach Blvd, Suite 110 (GPIN 1487548860). COUNCIL DISTRICT 8 MEETING DATE: October 17, 2023 ■ Background: This is an application for a Conditional Use Permit for a Tattoo Parlor to operate a permanent makeup studio in the Regatta Center Shopping Center. The property is located along Virginia Beach Boulevard at the intersection with North Rosemont Road. The proposed tattoo parlor will occupy a private room totaling 100 square feet within an existing beauty salon. Services will be provided by appointment only. There will be 10 employees providing permanent makeup services. ■ Considerations: The proposed use is, in Staffs opinion, acceptable, as the property is surrounded by commercial properties. No additional parking is required as the shopping center was designed to accommodate a variety of commercial uses. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 13, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 10-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. Emily McGraw Page 2 of 2 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. I The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:Ilky. AgendaApplicant Emily McGraw Property Associates Planning Commission Public Hearing September 13, 2023 VC1111"IBCity Councii Virginia Beach Request Conditional Use Permit(Tattoo Parlor) Staff Recommendation �— Approval Staff Planner Michaela D. McKinney Location 3636 Virginia Beach Blvd,Suite 110 GPIN 1487548860 Site Size -- 2.52 acres (3,200 square feet suite) ` P .mo■ AICUZ Less than 65 dB DNL 76, `" �- z 6Q---MY••. BARRY ST �A A Watershed SENTARAwAY CONTINENTAL 5' Chesapeake Bay ' Existing Land Use and Zoning District Shopping Center/B-2 Community Business Surrounding Land Uses and Zoning Districts ' North Malibu Palms Drive �;�' �_ t' .•s����MAUB�ZA`N Multi-family dwellings/A-24 Apartment a 0 1' - - QN ., South Restaurants/B-2 Community Business { T ,r East � 1 Funeral Home/B-2 Community Business _ k West N Rosemont Road Multi-family dwellings, retail/A-24 Apartment, •. ' B-2 Community Business Emily McGraw Agenda Item 10 Page 1 Backgroundof • . • • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor,specifically for the application of permanent makeup, known as microblading,within an existing salon at the Regatta Center Shopping Center.The shopping center is located along Virginia Beach Boulevard on property zoned B-2 Community Business District. • Microblading will take place in a small, private room within the existing salon. • According to the applicant, 10 employees are anticipated. • Typical hours of operation are 9:00 a.m.to 9:00 p.m., Monday through Saturday.All permanent makeup services will be by appointment only. • No exterior changes to the building or new signage are proposed. • Per section 203,one parking space per 250 square feet of floor area is required for a shopping center with one acre or at least four tenants.The site layout shows 129 parking spaces,thus the site is deficient in parking by 16 spaces; however, a parking variance was approved in 2010 by the Board of Zoning Appeals to allow 138 parking spaces instead of 213 parking spaces as required for the proposed Martial Arts Studio. Staff has deemed that this parking variance is acceptable for the proposed use as the variance is for the entire shopping center and not a single suite. A24 A -1 Zoning History 0 # Request k } > 1 CUP(Indoor Recreational Facility)Approved 06/9/2009 e 2 CUP(Motor Vehicle Rental)Approved 11/27/2001 A24 A24 ' 3 CUP(Communication Tower)Approved 08/14/1996 A24 � t {r �NIABEA�S� Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance 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 • • • The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable given that the use is compatible with the other existing commercial businesses located in the vicinity and within this part of the Rosemont Strategic Growth Area.The application of permanent makeup within an existing salon is not expected to negatively impact other uses within the shopping center or the vicinity. While the shopping center does not meet the minimum parking requirement,as defined in Section 203 of the Zoning Ordinance,since a parking variance was approved by the Board of Zoning Appeals and the proposed use is common Emily McGraw Agenda Item 10 Page 2 commercial use,staff feels the provided parking is sufficient. Given that the proposed use is similar to other commercial uses in the shopping center,staff is of the opinion that the added use will not cause an adverse effect on traffic related to the shopping center. Prior to commencing operations on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code.Chapter 23-51 details the standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment.A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. For the reasons stated above,Staff recommends approval of this application,subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window,or on the doors.Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Rosemont Strategic Growth Area (SGA).As a property within an SGA,the property is promoting the guiding principles of the SGA set forth in the Comprehensive Plan by creating a compatible mix of uses in this place of business and maximizing its use of infrastructure by including multiple complementary services in one property. In the Rosemont SGA Master Plan, a priority for Rosemont is to "make a reason for stopping here". Furthermore, by diversifying and adding an additional use of permanent makeup to this property is aligned with that statement. It is to be noted that this property falls in the Palms Redevelopment Area, but because this CUP is not seeking any physical alterations or a use that is not aligned with the vision or current use of the land, it is appropriate to accept the request.Therefore,the CUP as proposed is in alignment with the standards laid out in the Comprehensive Plan and supporting Rosemont SGA Master Plan. Emily McGraw Agenda Item 10 Page 3 Natural & Cultural Resources The site is located in the Chesapeake Bay Watershed.There are no known natural or cultural resources. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 48,160 ADT' 74,000 ADT'(LOS 4"D") N. Rosemont Road 3,200 ADT' 9,900 ADT'(LOS 4"D") No Change Anticipated 3 'Average Daily Trips Z as defined by a tattoo parlor in 3 LOS=Level of Science an existing strip commercial center. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane divided urban major arterial. It is shown on the MTP map as a divided roadway in a 120-foot right-of-way. North Rosemont Road is a two-lane local collector roadway. There are no roadway CIP projects in the vicinity. Public Water&Sewer This site is connected City water and sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding tenants, and no objections were raised. Four letters of support have been received by Staff noting this use could increase business to the shopping center and benefit all adjacent businesses. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6,2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 28, 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/planning on September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 2023. Emily McGraw Agenda Item 10 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 October 2, 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 October 13, 2023. Emily McGraw Agenda Item 10 Page 5 v t} Site Layout 0 r— x ��.. ,: � .. � �r � yam,► �4, 4J ����� t u ' ♦ � �!' 'ice"� i i., 0 Ake- r Emily McGraw Agenda Item 10 Page 6 Site Photo Agenda Item 10 Disclosure cogn=_;:_rW1_1 Planning S Gunmunity Dot-tlopmrnt r! The dsrJasctres 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 r i 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 Emily McGraw Applicant Name Does the appfi— have a repnaerriative? ❑Yes ENO • If yes,Cat the name of the representative. Is the appfiaud a corporation,partnership,Fuca,business trust or an unirmrporated business?®Yes ONO • If yes,Cat the names of all officers,directors,members,trustees,etc below. (Attach a Est if necessary) Ern3y M Graw-Owner-S-Corp • Ifyes,Cat the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a Cat if necessary) f "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§2.2-310L 'Affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a contmIing ownership interest in the other business entity,(u)a controlling owner in one entity is also a i controning owner in the other entity,or(to)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 came offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose vorking relationship between the entities' See State and Lorca)Government Conflict of Interests Act,Va Code§2_2-310L Emily McGraw Agenda Item 10 Page 8 Disclosure i car•Jvww•u� Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • if yes,what is the name of the official or employee and what is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralaation,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 G 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 0 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?A Yes ❑No • If yes,identify the firm and individual providing the service. Pixel Financial-Andrew SpenderlOwner 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. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes CO No • If yes,identify the purchaser and purchaser's service providers. Emily McGraw Agenda Item 10 Page 9 Disclosure VW Cu y of Yupuvo DmrA Planning&Community Development -��I - 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 13 NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. B. 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 U NO • If yes,identify the firm and individual providing the service. Applicant Sitrnature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. 1 understand that, upon receipt of notification that the 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 coonnnneectionn with this application. gpiric.antSIA�ture Print Name and Title / / Emily McGraw/Owner 6tpIq /-S Date Is the applicant also the owner of the subject property? ❑Yes M NO • If yes,you do not need to filll out the owner disclosure statement. A a ... rri ® No changes u or Dole 09/26/2023 1e`N°"� �y� �• °el"'"" Michaela D. McKinney Emily McGraw Agenda Item 10 Page 10 Disclosure Disclosure Statement Y3 Planning&Community Development Owner Disclosure Owner Name YT3 z;,D c. Applicant Name Emily McGraw Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ❑ No • If yes,list the names of all officers,directors,merrbers,trustees,etc.below. (Attach a list if necessary) 44-- S V-N O C. ✓t.ir`e.-"4 e4 • If yes,list the businesses that have a parent-subsidiaryt 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 11_"``0 • 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 5D percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code 4 2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(h)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 4 2.2-3101, Revised 11.09.2020 5 j P ;;e Emily McGraw Agenda Item 10 Page 11 Disclosure Disclosure Statement firy n�t'�rginia R�.>h Planning&Community M ' Development r r, 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 cg ection 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 t e Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? [� e ❑No • If yes,identify the company and individual providing the service. 1-. "--t1, V�Z5 -r,, --,:::;z_'i'r' r 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?Oyes ❑No • If yes,identify the firm and individual providing the service. V) 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 aWo • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes El-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 13'No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent i/nebnnection 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. Revised 11.09.2020 6 1 1' ' Emily McGraw Agenda Item 10 Page 12 Disclosure Disclosure Statement x� C4v ftvywr,,b _. Planning&Community Development --- _--------------- 8. Is the Owner receiving legal servos in connection with the subject of the application or any business operating or to be operated on the property?E! 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—lhi ein two eeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or co mitte n cpn>n ction With thl pli, tion. Owner Signa re Print Name and Title (eza ha3 ---------------- --- Gate Revised 11.09.2020 7 1 P a g e Emily McGraw Agenda Item 10 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. Emily McGraw Agenda Item 10 Page 14 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item # 10 Emily McGraw RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item is item number 10, Emily McGraw, VB Regatta Center Associates LLC, conditional use permit for tattoo parlor. Thank you. Ms. McGraw:Emily McGraw. Mr. Horsley: You state your name. Ms. McGraw:Emily McGraw. Mr. Horsley: Are the conditions acceptable? Ms. McGraw:Yes. Mr. Horsley: Thank you. Is there any opposition to this application? Seeing none, thank you. I've asked Commissioner Cuellar if she would read this into the record. Ms. Cuellar: The applicant is requesting a conditional use permit to operate a tattoo parlor, specifically for the application of permanent makeup, known as microblading within an existing salon at the Regatta Center Shopping Center. The shopping center is located along Virginia Beach Boulevard on property zone B-2 Community Business District. Staff is recommending this application for approval. There is no known opposition and the commission has agreed to put it on the consent agenda today. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1 , 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 , and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 3636 Virginia Beach Blvd Suite Virginia Beach,VA 23452 Michaela McKinney, City Planner I Planning&Community Development 2875 Sabre St Suite 500 Virginia Beach,VA 23452 RE:Conditional Use Permit for 3636 Virginia Beach Boulevard,Suite 110 Ms. McKinney: As a neighbor to Emily Anne Esthetics and fellow Regatta Center tenant,I would like to inform you of our support regarding the approval of the Conditional Use Permit to operate a Tattoo Parlor at 3636 Virginia Beach Blvd,Suite 110. Approval of this permit could bring in clientele that would not have previously visited the Regatta Center if they were not in search of Permanent Makeup services. Increased exposure would be beneficial to us alll Please relay our statement of support to the appropriate parties to aid in the Planning Commission's decision to approve the permit at the hearing. Thank you, Business Nam - 21 Q 23 Business Owner/Manager Title Date 5�VNCV\'l.c �evD l S \l 3636 Virginia Beach Blvd Suite Virginia Beach,VA 23452 Mlchaela McKinney,City Planner I Planning&Community Development 2875 Sabre St Suite 500 Virginia Beach,VA 23452 RE:Conditional Use Permit for 3636 Virginia Beach Boulevard, Suite 110 Ms. McKinney: As a neighbor to Emily Anne Esthetics and fellow Regatta Center tenant,I would like to inform you of our support regarding the approval of the Conditional Use Permit to operate a Tattoo Parlor at 3636 Virginia Beach Blvd, Suite 110, Approval of this permit could bring in dientele that would not have previously visited the Regatta Center if they were not in search of Permanent Makeup services. Increased exposure would be beneficial to us alll Please relay our statement of support to the appropriate parties to aid in the Planning Commission's decision to approve the permit at the hearing. Thank you, flt4-%,%(J �MTack" Business Nam I h a Is 1 m 1 z,(- -7 2 Business Owner/Manager Title Date COcm f:)On5 Gc't1-ge ykiv,aY C.chc.c;� 3636 Virginia Beach Blvd Suite 1010 Virginia Beach,VA 23452 Michaela McKinney,City Planner I Planning&Community Development 2875 Sabre St Suite 500 Virginia Beach,VA 23452 RE:Conditional Use Permit for 3636 Virginia Beach Boulevard,Suite 110 Ms, McKinney: As a neighbor to Emily Anne Esthetics and fellow Regatta Center tenant,I would like to inform you of our support regarding the approval of the Conditional Use Permit to operate a Tattoo Parlor at 3636 Virginia Beach Blvd,Suite 110. Approval of this permit could bring in clientele that would not have previously visited the Regatta Center if they were not in search of Permanent Makeup services.Increased exposure would be beneficial to us all! Please relay our statement of support to the appropriate parties to aid in the Planning Commission's decision to approve the permit at the hearing. Thank you, SocASdp �Ood 5,j,-Hgt bILLC C b� rO,'J- ,1-'0A5 Business Name Business caner/Manager Title Date R a . IL 3636 Virginia Beach Blvd Suite Virginia Beach,VA 23452 Michaela McKinney,City Planner I Planning&Community Development 2875 Sabre St Suite 500 Virginia Beach,VA 23452 RE:Conditional Use Permit for 3636 Virginia Beach Boulevard,Suite 110 Ms. McKinney: As a neighbor to Emily Anne Esthetics and fellow Regatta Center tenant,I would like to inform you of our support regarding the approval of the Conditional Use Permit to operate a Tattoo Parlor at 3636 Virginia Beach Blvd,Suite 110. Approval of this permit could bring in dientele that would not have previously visited the Regatta Center if they were not in search of Permanent Makeup services. Increased exposure would be beneficial to us alll Please relay our statement of support to the appropriate parties to aid in the Planning Commission's decision to approve the permit at the hearing. Thank you, �6VL'e- Business Name 9-ffol' a,3 Hess Owner/Manager Title Date - r ' o A.3.6/J e R7�5 B2 �RQ10 " QT QQ�� Q'Al2 R10 Q Q Q q QQ4Q Q ` R10 Q �Qdge . QQ O CEI o� � R1_p JD Q Cam' 2 X R1�j B2 CD " \ Q R10� , 'Qt R10 \ o Fm J , ® Site Property Polygons . Launch Creative Space, LLC W E Zoning 2865 Lynnhaven Drive, Suite C1 S Q Building Feet 0 50100 200 300 400 500 600 1�1 r �y r 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAUNCH CREATIVE SPACE, LLC [Applicant] MARINA SHORES REPAIR CORP [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 2865 Lynnhaven Drive, Suite C1 (GPIN 1499389741). COUNCIL DISTRICT 8 MEETING DATE: October 17, 2023 ■ Background: The applicant is requesting a Conditional Use Permit for an Assembly Use to operate an event rental space for small gatherings within a 1,500-square-foot unit in the Marina Shores Shoppes shopping center. Specifically, the applicant proposes to rent the venue to the public for birthday parties, baby showers, corporate events, and small business vendor collaborations. All events will be held indoors. A maximum number of 50 guests is anticipated per event; however, the maximum occupant load will ultimately be determined by the Building Official and Fire Marshal's Office. Staff has included a condition to prohibit outdoor events, including the use of speakers or amplified music outdoors. There will be no significant modifications to the site or to the exterior of the building. ■ Considerations: The proposed Conditional Use Permit is acceptable given that the use is consistent with the Comprehensive Plan's vision for the Suburban Area. The assembly use helps to maintain great neighborhoods by providing an affordable amenity to the community for the use of gatherings and social events. The minimum parking requirement is exceeded by 84 spaces. Since the proposed use is consistent with typical shopping center uses, an increase in traffic generation is not anticipated. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 13, 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 applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. Launch Creative Space, LLC Page 2 of 2 2. The maximum number of attendees shall not exceed fifty (50) or the occupancy load determined by the City of Virginia Beach Fire Marshal, whichever is less. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager. Item Applicant Launch Creative Space, •. Property owner Marina Shores Repair Corp Planning Commission PublicSeptember 1 City of B City Council • Virginia Beach Request Conditional Use Permit(Assembly Use) Staff Recommendation ---_ -- 1 Approval DG� SHOREg4S Staff Planner s Marchelle Coleman NEN ° afi Location $ LYNNNA DR 2865 Lynnhaven Drive,Suite C1 ° gR rpO a ' GPIN m m sp` BASIN RD GANEER RD 7�c O .70 Portion of 1499389741 B"o fp e�"D�y Ro 9 g Site Size ISLANDLN 3.25 acres(1,500 square foot unit) ADAM KEELING RD ' AICUZ �N rNol+Ass to�_,N__ Less than 65 dB DNL s< vppO•' Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center/B-2 Community Business � ,- �.� If (Shore Drive Overlay District) i b Surrounding Land Uses and Zoning Districts :` 3,_ North ` x Lynnhaven DriveUA + Townhomes, retail, restaurants/A-18 � s ,•r' '�'� . mD h f Apartment, B-2 Community Business (Shore a < y Drive Overlay District) A South Lynnhaven River :�o East g�>cw+ E *� • N. Great Neck Road Multi-family housing, marina/A-36 Apartment, %j" M: s Ott B-4 Mixed Use(Shore Drive Overlay District) (' • IW � West Marina, boat storage/B-2 Community Business (Shore Drive Overlay District) Launch Creative Space, LLC Agenda Item 6 Page 1 Background SummaryofProposal • The applicant is proposing to operate an event rental space within a 1,500 square foot unit in the Marina Shores Shoppes shopping center.The property is zoned B-2 Community Business and is within the Shore Drive Overlay District. Per the Zoning Ordinance,an event venue is classified as an Assembly Use,and as such,a Conditional Use Permit is required. • Specifically,the applicant proposes to rent the venue to the public for small gatherings,such as birthday parties, baby showers, corporate events, and small business vendor collaborations. All events will be held indoors. • Those renting the venue will be responsible for bringing prepackaged or pre-prepared foods, as there will not be a kitchen onsite. • The applicant intends to host a maximum of 50 guests at any one time; however,the maximum occupant load will be determined by the Building Official/Fire Marshal. • According to the applicant,the scheduling of events will vary, as it is difficult to predict times of service for any future event. However,the applicant is proposing hours of operation and the availability of private events to be limited to 8:00 a.m.to 8:00 p.m., Monday through Sunday. • Per the Zoning Ordinance,the site meets the criteria of a shopping center and as such, parking is required at a rate of one space per 250 square feet of floor area. Based on the total floor area of the shopping center, including the building on the outparcel at the northwest corner of the site, a minimum of 178 parking spaces are required. There are 262 parking spaces on site, exceeding the minimum parking requirement by 84 spaces. • There will be no significant modifications to the site or to the exterior of the building. A sign has been installed above the suite. A rendering has been provided by the applicant and is shown on page 7 of this report. Zoning History ,o Bz e2 � �' QQ gl�gqt1C # Request (1Q�1�1�1C 1 MDP Approved 3/16/2021 2 CUP(Assembly Use)Approved 02/18/2020 1 III %Iq�4 g 3 CUP(Outdoor Recreation)Approved 05/21/2019 CUP(Assembly Use)Approved 05/21/2019 CUP(Yoga Studio)Approved 03/24/2009 Q Iq B2 4 CUP(Multi-Family Development)Approved 11/21/2017 4 r e 132 CUP(Marina)Approved 11/21/2017 CRZ(13-2&R-7.5 to B-4&P-1)Approved 11/21/2017 5 CUP(Home Occupation)Approved 10/17/2017 a 6 CUP(Dry Storage Boatel)Approved 12/14/2000 ® 7 CUP(Marina)Approved 03/23/1999 8 CUP(Marina)Approved 05/13/1997 R; t0 9 CRZ(13-2 to A-18 with PD-H2 Overlay)Approved 01/04/1993 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—ShortTermRental Launch Creative Space, LLC Agenda Item 6 Page 2 Evaluation • . . • The applicant's request for a Conditional Use Permit to operate an Assembly Use is, in Staff's opinion, acceptable.The use is compatible with the other commercial uses along this section of N. Great Neck Road and is consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings.This assembly use helps to maintain great neighborhoods by providing an affordable amenity to the community for small gatherings and social events. As previously mentioned,the shopping center exceeds the minimum parking requirement, as defined in Section 203 of the Zoning Ordinance. Based on Staffs analysis of the potential traffic impacts,the size of the event space will not generate a significant amount of traffic to the site. While the applicant indicated that all events and music will be conducted indoors, a condition to reinforce that no amplified music, use of speakers,or monitors for the Assembly Use will be permitted outside of the building is recommended. Based on these considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed fifty(50)or the occupancy load determined by the City of Virginia Beach Fire Marshal,whichever is less. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 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. Launch Creative Space, LLC Agenda Item 6 Page 3 '; Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area within the Shore Drive Overlay District. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.A goal of the Shore Drive Corridor Plan is to encourage development and redevelopment of the corridor as an attractive residential community. If new signage is proposed, the designs should follow the recommendations laid out in the Shore Drive Corridor Design Guidelines to ensure that the aesthetics of the corridor are maintained.Adding a new use to an existing commercial center is generally appropriate and as such the Bayfront Advisory Commission did not feel it was necessary for the Commission to review the application and provide input. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and is partially within the Resource Protection Area.The majority of the site is impervious, as it is developed with an existing shopping center and an asphalt parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Drive 2,750 ADT' 9,900 ADT'(LOS°"D") Existing Land Use 2-80 ADT N.Great Neck Road 26,350 ADT' 36,900 ADT'(LOS•"D") Proposed Land Use 3—No Data Available 'Average Daily Trips z as defined by a 1,500 square 3 No information available in the 4 LOS=Level of Service foot event venue in shopping ITE Trip Generation Manual for center event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Drive, in the vicinity of this application, is considered a two-lane undivided local street. No CIP projects are planned for this area. North Great Neck Road, in the vicinity of this application, is considered a four-lane divided major suburban arterial. The MTP proposes a divided facility with bikeway within a 120-foot right-of-way. No CIP Projects are planned in the vicinity of this site. Public Water&Sewer The site is currently 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 August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 2023. Launch Creative Space, LLC Agenda Item 6 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,October 3, 2023 and October 10, 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 October 2, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.goy/city-council on October 13, 2023. Launch Creative Space, LLC Agenda Item 6 Page 5 u c yr r w a Site Layout a / t LL- U cn O +-� O Ln / z Ln o i or , �c y Or 2 b r F N-gAb, HIV AI Launch Creative Space, LLC Agenda Item 6 Page 6 Sign Rendering L A U N C H L A U N C � 4 1 i 15.00' SIDE 60-1 1 0-220V I-EP OH,or -- 3"Aluminum BLACK Return. 3/5"Galvanized Threaded Rod Jewelite BLACK Faces TNm. with Locknuts and Washere _ - �3/16 Thick WHITE Acrylic Face Brace Plate `�� -�� -----LED WHITE Modules Eft.Primary Wire __.. Watertight tubing �.�, ; Watertight 5"Tell 5ingle Piece Aluminum Junction Box For ' Raceway Dedluted Sign curcult i\ Fbwer Switch with Boot E^�S The location of the diaconnact switch after 0 installation shall comply with Artiela 600.6(k)(2) of the National Llectrical i Cade Launch Creative Space, LLC Agenda Item 6 Page 7 Site Photos LAUNCH Launch Creative Space, LLC Agenda Item 6 Page 8 Disclosure Disclosure Statement XW cstvaff.re W z4 Planning&Colnmunity 1)ertaapinent ems''' 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 �$p_(�Q Applicant Name { I " U ► I u"Iq L, �U MCl txQOM sPW LLC Does the applicant have a representative Yes 0-9-0 If yes,list the name of the representative. r0�fic w IUo16g — Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business Yes 016 • If yes,list the names of all officers,directors,members,trustees,etc,below. (Attach a Ilst 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. '"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,(il)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 P a g e Launch Creative Space, LLC Agenda Item 6 Page 9 Disclosure Disclosure Statement *113 iIYV" uI.,-x:Ran++ Na ominunity Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0--No chNo • 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-collaterali:ation,etc)or are they considering any financing in coco�nection with the subject of the application or any business operating or to be operated on the property? ❑Yes :d • 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 do • 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 2-1�0 • 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 Elk. • If yes,identify the firm and individual providing the service 5. is there any other pending or proposed purchaser of the subject property?❑Yes • If yes,identify the purchaser and purchaser's service providers. 2 Launch Creative Space, LLC Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement Cdy� �RvOb Plan 11A,jr,&l:0lI1TIIRIIItty Dke-Velopment 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?El Yes L�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. S. Is the applicant receiving legal services in connectionwith the subject of the application or any business operating or to be operated on the property?El Yes L�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 Councll,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ` � I Applicant Signature "11_MU Yi t�ti�a�t � YVrUri�� s��r2ij /Oyou of IRa Print Name and Title Date , ,/ Is the applicant also the owner of the subject property? EltJ Yes NO • If yes,you do not need to fill out the owner disclosure statement. • • that pertains to the applications ® I No ch•npa u w °at• 9 26 2023 ""'" hiM Name Marchelle L. Coleman Revised 11,09.2020 3 1 P a g e Launch Creative Space, LLC Agenda Item 6 Page 11 Disclosure Disclosure Statement ID �Y•�-< .,-s,_�- Ilia nning&Canrnunity Wo. — ' I?e�rele�pint Owner Disclosure y� Owner Name R 1.1 ( 1)!.�l-� - Applicant Name ���, pJ f — ^.�•c� Is the Owner a corporation,partnership,form,business,trust or an unincorporated business?[R/Ye5 ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary} Olt • 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 A 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(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 2-31D1. Revised 11.0J.2020 5 Launch Creative Space, LLC Agenda Item 6 Page 12 Disclosure Disclolsur St Planning&Community e Dfti�ek�pn�ent Owner Services Disclosure 1. Does the owner have any existing financing[mortgage,deeds of trust,cross-collateralixation,etci or are they considering any fin'aa cing in connection with the subject of the application or any business operating or to be operated on the property? Wyes 0 No • If yes,identify the financial instituuutions providing the service. ardn� 44 y /l Z. Does the Owner have areal 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 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? es ❑No • If yes,IdentV 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 w6j•tt of the application or any business operating or to be operated on the property?0 Yes iNo-, • 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 f166 • 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 SI.No • If yes,Identify the company and individual providing the service. 7 Does the owner have an engineer/surveyor/agent in connection;.ith 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. Revised 31-09.2020 6 1 f, Launch Creative Space, LLC Agenda Item 6 Page 13 Disclosure Disclosure Statement Piannutg&-Conununity B. Is the Owner receiving legal services in.�onne ion with the subject of the application or any business operating or to be operated on the property?❑Yes l� O • If yes,identify the firm and individual providing legal the service. Owner S�nature 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,Uty Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner "nature �- — Print Nafn nd Tkk Date 7 1 P a g e Launch Creative Space, LLC Agenda Item 6 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. Launch Creative Space, LLC Agenda Item 6 Page 15 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item # 6 Launch Creative Space, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Clemons. Next item is item number six, Launch Creative Space, LLC, Marina Shores Repair Corporation. It's the conditional use permit for assembly use. Is there any objection to this request? Hearing none, we have a representative here. Do you agree with the conditions? Ms. Outerbridge: Yes. Mr. Horsley: Okay. Thank you. Ms. Outerbridge: Thank you for your time. Mr. Horsley: Maybe you need to speak, ma'am, would you state your name for the record, please. Ms. Outerbridge: I apologize. Bronte Outerbridge. Mr. Horsley: Thank you. Mr. Outerbridge: Thank you. Mr. Horsley: Hearing no objections. We've asked Commissioner Cuellar, if she would read this into the record. Mr. Cuellar: Thank you. The applicant is proposing to operate an event rental space with a 1500 square foot unit in the Marina Shore Shopping Center. The property is zoned B-2 Community Business and is within the Shore Drive Overlay District. Per the zoning ordinance, an event venue is classified as an assembly use, and as such, a conditional use permit is required. Staff is recommending this for approval. There is no opposition, and the commission has agreed to put it on the consent agenda. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS 1 . The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed fifty (50) or the occupancy load determined by the City of Virginia Beach Fire Marshal, whichever is less. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 1 i43.6 RM B2 R1-0 R10 Q �� Lynnh Q� a�QQ bb OQ QA12 R10 Q q QQQ A36 O o �R100 ��� � Q _ _ `- O� •�-e ire � \� � g-2i Q�Q �R1.0�, for Q O QQO "2 B2 O � �. QO R110= RN 0 N Site Marina Shores Repair Corp W F Property Polygons Zoning 2865 Lynnhaven Drive S Q Building Feet 0 50100 200 300 400 500 600 by� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARINA SHORES REPAIR CORP. [Applicant & Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 2865 Lynnhaven Drive (GPIN 14993897410000). COUNCIL DISTRICT 8 MEETING DATE: October 17, 2023 ■ Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to allow a tenant of the Marina Shores Shoppes shopping center—Taylor's Do It Center—to store mulch on a year-round basis and seasonal merchandise on a temporary basis in the parking lot at 2865 Lynnhaven Drive. Seasonal items to be stored outdoors will be plants and landscaping materials in spring and Christmas trees in the winter. Seasonal items will be stored beneath a temporary tent between March 20th and May 15th annually and between November 20th and December 15th annually. No vending or sales would occur outdoors. No third-party vendors will store goods or conduct sales on-site as part of this proposal. In addition to seasonal items, the Taylor's Do It Center also desires to store mulch in the parking lot on a year-round basis. Mulch is presently stored in four parking spaces to the left of the entrance. It would remain in this general location but would be screened with a four-foot, six-inch tall wooden fence with a gate. The store's operating hours would remain the same and the storage area would be accessible to staff and customers only during operating hours: Monday through Saturday, 8:00 a.m. to 8:00 p.m. and Sunday, 9:00 a.m. to 6:00 p.m. Per Section 228(a), Bulk Storage Yards are required to be screened by a solid fence or wall a minimum of six feet in height (except for necessary openings for ingress and egress) and Category VI landscaping. The applicant is requesting a deviation to this standard to use the proposed tent as the primary means of screening seasonal merchandise without a solid fence or landscaping and a deviation to only install fencing to screen the mulch area. ■ Considerations: Mulch and seasonal merchandise have been stored this way on the property for several years without reported incident to the city. There are certain site constraints that support the storage of merchandise in the parking lot rather than at the rear of the building. Taylor's Do It Center is located Marina Shores Repair Corp. Page 2 of 3 near the midpoint of the strip building. The rear of the site is unimproved and would require the construction of a long, paved driveway to locate merchandise at the rear of the building. This would add pavement to an area immediately adjacent to the Resource Protection Area of the Chesapeake Bay. The requests to deviate from the requirement to install a minimum six-foot tall solid fence or wall and Category IV plantings are also reasonable. Seasonal merchandise will only be located in the parking lot for a few weeks out of the year and it is acceptable to use the proposed tent as the primary means of delineating and screening those items. The applicant is proposing a reduction in the required fence height to 4.5 feet in order to screen the mulch. Condition 4 ensures that the mulch remain at or below the height of the fence. This is to minimize the overall visual impact of the storage area and to keep sight lines open in the parking lot. Parking will not be adversely affected by the proposal. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 13, 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 location and approximate dimensions of the two areas designated for outdoor storage of merchandise shall substantially conform to the exhibit included in the Staff Report dated September 13, 2023 and that is on file with the Department of Planning and Community Development. 2. Storage of merchandise in the area identified as "Proposed Tent Location" in the exhibit included in the Staff Report dated September 13, 2023 is only permitted between March 2011 through May 15th and between November 20th through December 15th per calendar year. 3. A 4-foot 6-inch tall solid wood fence with a latching gate—to be either a slat fence or a shadow box fence—shall be installed to enclose the area identified as "Proposed Mulch Location" in the exhibited included in the Staff Report dated September 13, 2023. Only mulch may be stored in this area. 4. Mulch stored in the identified storage area shall not be stacked higher than the enclosure fence. 5. No sales are permitted in the storage areas; all sales must take place within the interior of the associated storefront. 6. No third-party vending is permitted in the bulk storage area. Marina Shores Repair Corp. Page 3 of 3 7. All merchandise stored in the bulk storage area shall be kept neatly stacked and tidy at all times. 8. The six-foot fencing or Category IV landscaping shall not be required for the "Proposed Tent Location" or the "Proposed Mulch Location." This is a deviation from the Zoning Ordinance. 9. No additional signage is permitted with this approval for storage of merchandise outdoors. 10.Mulch and seasonal merchandise shall be confined to the identified areas of storage and shall not impede traffic circulation in the parking lot or ADA parking spaces. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: PAP CouncilApplicant& Property Owner Marina Shores Repair Corp Agenda Item Planning Commission Public Hearing September 13, 2023 City C City of ,.\)B Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation l- . _ - �, N►a'`°a Approval OCEANSraR s�; ' f 7 Ir �� 7 Staff Planner sNDREDR w ,�`�p Elizabeth Nowak GI PE NENOR M Ix Location $ LyNNNAVEN OR 2865 Lynnhaven Drive 0 < W Erq GPIN 1499389741 BASIN RD BUCCANEERRO x 10, $` 4A BRO A.4 AD B RO 1�K pp Site Size ISLAND LN % a t1 3.25 acres ADM KEELING RO •\ AICUZ u N ' TNOMAS BISHOP LN Less than 65 dB DNL � Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center/B-2 Community Business �� - ' (Shore Drive Overlay District) a-7r! 4 �1'AVEK'DR Surrounding Land Uses and Zoning Districts :L1NN, North Lynnhaven Drive Townhomes, retail, restaurants/A-18 nl T . Apartment, B-2 Community Business (Shore Drive Overlay District) ° `" 0 x South p. _ Lynnhaven River East N. Great Neck Road Multi-family housing, marina/A-36 Apartment, I f: i; NIg!. B-4 Mixed Used (Shore Drive Overlay District) West Marina, boat storage/ B-2 Community Business (Shore Drive Overlay District) Marina Shores Repair Corp Agenda Item 7 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to allow a tenant of the Marina Shores Shoppes shopping center—Taylor's Do It Center—to store certain regular and seasonal merchandise in the parking lot. • The applicant has been storing mulch and seasonal merchandise in the parking lot of the Marina Shores Shopping Center without a Conditional Use Permit for a Bulk Storage Yard. Once the applicant was made aware of the Conditional Use Permit requirement,they submitted an application to the city to continue storing specific merchandise in the parking lot. • Seasonal items carried by Taylor's Do It Center that require the use of additional space in the parking lot include landscaping materials (e.g.,flowers, plants) in the spring and Christmas trees in the winter. Landscaping materials would be stored between March 20th and May 15th annually and Christmas trees would be stored between November 20th and December 15th annually. No vending or sales would occur outdoors. No third-party vendors would store goods or make sales on-site as part of this proposal. Seasonal merchandise would be located underneath a temporary tent,that would occupy approximately eight parking spaces in the parking lot in front of Taylor's Do It Center's storefront. • In addition to seasonal items,the Taylor's Do It Center also desires to store mulch in the parking lot on a year-round basis. Mulch is presently stored in four parking spaces to the left of the entrance. It would remain in the general location but would be screened with a four-foot,six-inch tall wooden privacy fence with a gate. • The store's operating hours would remain the same and the storage area would be accessible to staff and customers only during operating hours: Monday through Saturday,8:00 a.m.to 8:00 p.m. and Sunday, 9:00 a.m.to 6:00 p.m. • Per Section 228(a), Bulk Storage Yards are required to be screened by a solid fence or wall a minimum of six feet in height (except for necessary openings for ingress and egress)and Category VI landscaping.The applicant is requesting a deviation to this standard to use the proposed tent as the primary means of screening seasonal merchandise without a solid fence or landscaping and a deviation to only install fencing to screen the mulch area. • Per Section 203(a)(33), one parking space per every 250 square feet of floor area is required for a shopping center. The Marina Shores Shoppes has approximately 44,500 square feet of commercial building between the primary shopping center and the outparcel at the northwest corner, requiring 178 parking spaces. 262 spaces are available on site.A parking agreement between the two owners of the primary parcel and the outparcel provides access to parking spaces for all tenants. Marina Shores Repair Corp Agenda Item 7 Page 2 o n A3 Zoning History to ez ex sae �C?Q4 # Request t0 QQi 1 MDP Approved 3/16/2021 2 CUP(Assembly Use)Approved 02/18/2020 3 CUP(Outdoor Recreation)Approved 05/21/2019 CUP(Assembly Use)Approved 05/21/2019 �D CC t CUP(Yoga Studio)Approved 03/24/2009 Q Q ezer �— 4 CUP(Multi-Family Development)Approved 11/21/2017 4 B 82 p �� CUP(Marina)Approved 11/21/2017 9 \ \ CRZ(B-2&R-7.5 to B-4&P-1)Approved 11/21/2017 > B 5 CUP(Home Occupation)Approved 10/17/2017 6 CUP(Dry Storage Boatel)Approved 12/14/2000 - 7 CUP(Marina)Approved 03/23/1999 8 CUP(Marina)Approved 05/13/1997 l�ti �0 9 CRZ(B-2 to A-18 with PD-H2 Overlay)Approved ° 01/04/1993 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STIR—Short Term Rental Evaluation : Recommendation In Staff's opinion,this request for a Conditional Use Permit for a Bulk Storage Yard and the two requested deviations are acceptable. Mulch and seasonal merchandise have been stored this way on the property for several years without reported incident to the city. When the applicant became aware they needed a Conditional Use Permit to store merchandise in this manner,they submitted an application forthwith. This property is located in the Shore Drive Corridor Overlay District,which is concerned with the overall development of the Shore Drive area. Among the recommendations in the Comprehensive Plan for this corridor is the development of compatible non-residential uses that support residents,such as hardware stores.The proposed storage of merchandise in the parking lot is directly tied to the hardware store in the Marina Shores Shopping Center.Additionally,the parking lot and the general locations identified for merchandise storage have limited visibility from North Great Neck and Lynnhaven Drive. Immediate adjacent uses include marinas and boat storage; residential development is separated from the shopping center by streets. There are certain site constraints that support the storage of merchandise in the parking lot rather than at the rear of the building.Taylor's Do It Center is located near the midpoint of the strip building.The rear of the site is unimproved and would require the construction of a long, paved driveway to locate merchandise at the rear of the building.This would add pavement to an area immediately adjacent to the Resource Protection Area of the Chesapeake Bay. In Staff's opinion, it is a better option to use existing paved areas that are more conveniently accessed. The requests to deviate from the requirement to install a minimum six-foot tall solid fence or wall and Category IV plantings are also reasonable. Seasonal merchandise will only be located in the parking lot for a few weeks out of the year and it is acceptable to use the proposed tent as the primary means of delineating and screening those items.The applicant is proposing a reduction in the required fence height to 4.5 feet in order to screen the mulch.Staff is recommending Condition 4 to ensure that the mulch remain at or below the height of the fence.This is to minimize the overall visual impact of the storage area and to keep sight lines open in the parking lot. Marina Shores Repair Corp Agenda Item 7 Page 3 Parking for the shopping center will not be adversely affected with the use of up to 12 spaces for storage. Four spaces would be permanently used for storing mulch,while eight spaces would be used a few weeks out of the year.The shopping center provides 262 spaces,an excess of the 178 required. No adverse traffic impacts are anticipated either. For these reasons,Staff recommends approval of the Conditional Use Permit and the two deviations to the landscape screening requirements subject to the conditions and exhibits below. Recommended Conditions 1. The location and approximate dimensions of the two areas designated for outdoor storage of merchandise shall substantially conform to the exhibited included in the Staff Report dated September 13, 2023 and that is on file with the Department of Planning and Community Development. 2. Storage of merchandise in the area identified as"Proposed Tent Location" in the exhibit included in the Staff Report dated September 13, 2023 is only permitted between March 201h through May 15th and between November 20th through December 15th per calendar year. 3. A 4-foot 6-inch tall solid wood fence with a latching gate—to be either a slat fence or a shadow box fence—shall be installed to enclose the area identified as "Proposed Mulch Location" in the exhibited included in the Staff Report dated September 13, 2023. Only mulch may be stored in this area. 4. Mulch stored in the identified storage area shall not be stacked higher than the enclosure fence. 5. No sales are permitted in the storage areas;all sales must take place within the interior of the associated storefront. 6. No third-party vending is permitted in the bulk storage area. 7. All merchandise stored in the bulk storage area shall be kept neatly stacked and tidy at all times. 8. The six-foot fencing or Category IV landscaping shall not be required for the"Proposed Tent Location" or the "Proposed Mulch Location."This is a deviation from the Zoning Ordinance. 9. No additional signage is permitted with this approval for storage of merchandise outdoors. 10. Mulch and seasonal merchandise shall be confined to the identified areas of storage and shall not impede traffic circulation in the parking lot or ADA parking spaces. 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. Marina Shores Repair Corp Agenda Item 7 Page 4 Comprehensive The Comprehensive Plan designates the subject property as being within the Suburban Area of the city and the Shore Drive Corridor. General recommendations for the Suburban Area call for the development of compatible non-residential uses that support the creation and maintenance of Great Neighborhoods,such as hardware stores.This commercial site is not adjacent to Shore Drive,though it is somewhat visible from North Great Neck Road.The Shore Drive Corridor Design Guidelines recommends that screening requirements laid out in the Zoning Ordinance should be met for sites in the overlay district. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and is partially within the Resource Protection Area.This proposal, however, does not require review or approval from the Chesapeake Bay Review Board. No known cultural resources will be affected by this request. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Drive 2,750 ADT' 9,900 ADT'(LOS 4"D") Existing Land Use Z-980 ADT Proposed Land Use a—No change N.Great Neck Road 26,250 ADT' 36,900 ADT'(LOS4"D") anticipated IAverage Daily Trips Z as defined by a XXXXXXX 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Lynnhaven Drive in the vicinity of this application is considered a two-lane undivided local street. No CIP projects are slated for this area. North Great Neck Road in the vicinity of this application is considered a four-lane divided major suburban arterial. The MTP proposes a divided facility with bikeway within a 120 foot right-of-way. No CIP projects are slated in the vicinity of this site. Public Utility Impacts Water& Sewer The site is currently connected to both City water and sanitary sewer services. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 2023. Marina Shores Repair Corp Agenda Item 7 Page 5 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 28, 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 September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10,2023. • 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 October 2, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https:Hclerk.virginiabeach.gov/city-council on October 13, 2023. Marina Shores Repair Corp Agenda Item 7 Page 6 Proposed Site Layout U a + Q- O _ ti f�r M u " J t t t� o � 0 115-3 L a t t Marina Shores Repair Corp Agenda Item 7 Page 7 Site Photos • art warewi6 Gaedeaf Grilling Marina Shores Repair Corp Agenda Item 7 Page 8 Site Photos Marine-Plumbing F Hardwa g s. 71 low n' Paint•Grilling � - - �yU 3109 Marina Shores Repair Corp Agenda Item 7 Page 9 Disclosure Disclosure Statement flianning&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 _ 41jAtZMjj S'/'t )gep4�2 Does the applicant have a representative? ❑Yes WNo • If yes,list the name of the representative. Is the applkaM a corporation,partnership,firm,business,trust or an unincorporated business?Oes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) fi _kVip /-ij,.S YSrril I ^ j-C _ d.✓ /�a/b®.�, —-- LJ.!�G�/dr_7Ja-tS n'lw.n.a,�/" • If yes,lisi the businesses that have a parent-subsidiary'cr 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. Z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(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 Marina Shores Repair Corp Agenda Item 7 Page 10 Disclosure Disclosure Statement X ID fdry.g 1'iry�A Luu7i Planning&Community Development Known Interest bv_Public Official or Employee Does an official or employee of the city of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I!�*o • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant services Disclosure .. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ❑No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ❑No • If yes,identify the purchaser and purchasers service providers. Revised 11.09.2020 2 1 Marina Shores Repair Corp Agenda Item 7 Page 11 Disclosure Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ❑NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 8. is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes C]No • If yes,identify the firm and individual providing the service. Applicant Signature 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 Planting Commission,City Council,VBDA,CBPA,Wetlands Board or any public body 8r commstee in connection with this application, r� Applicant Sig uM J�M2 /�10.GPynw�__— O rs Jn/1 jk/4�✓/�b�'. _ �� 57hbA-111 Print Name and Title __�e n 21 Date Is the applicant also the owner of the subject property? ❑Ves ❑No • if yes,you do not need to fill out the owner disclosure statement. that pertains to the application s i ❑x No shone" o'1° ! 5/25J2023 slffnaeurc ivnrrc Name EI beth Nowak Revised 11,09.2020 3 1 P a g e Marina Shores Repair Corp Agenda Item 7 Page 12 • 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. Marina Shores Repair Corp Agenda Item 7 Page 13 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item #7 Marina Shores Repair Corp RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Item number seven is Marina Shores Repair Corporation, conditional use permit for Bulk Storage Yard. Is there a representative here? Please state your name. Mr. Malvin: Good morning, my name is John Malvin. I work for Marina Shores Repair Corp. Mr. Horsley: Okay. You agreed to the conditions? Mr. Malvin: Yes sir. Mr. Horsley: Is there any opposition to this application? Thank you. Mr. Malvin: Thank you. Mr. Horsley: Hearing none, we'd ask Commissioner Cuellar if she would read this into the record. Ms. Cuellar: Thank you. The applicant is requesting a conditional use permit for a Bulk Storage Yard to allow a tenant of the Marina Shores Shopping Center - Taylor's Do It Center to store certain regular and seasonal merchandise in the parking lot. Staff has recommended this for approval. There is no opposition to the permit and the Commission has recommended it for the consent agenda. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your Pad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS 1. The location and approximate dimensions of the two areas designated for outdoor storage of merchandise shall substantially conform to the exhibited included in the Staff Report dated September 13, 2023 and that is on file with the Department of Planning and Community Development. 2. Storage of merchandise in the area identified as "Proposed Tent Location" in the exhibit included in the Staff Report dated September 13, 2023 is only permitted between March 20th through May 15th and between November 20th through December 15th per calendar year. 3. A 4-foot 6-inch tall solid wood fence with a latching gate—to be either a slat fence or a shadow box fence—shall be installed to enclose the area identified as "Proposed Mulch Location" in the exhibited included in the Staff Report dated September 13, 2023. Only mulch may be stored in this area. 4. Mulch stored in the identified storage area shall not be stacked higher than the enclosure fence. 5. No sales are permitted in the storage areas; all sales must take place within the interior of the associated storefront. 6. No third-party vending is permitted in the bulk storage area. 7. All merchandise stored in the bulk storage area shall be kept neatly stacked and tidy at all times. 8. The six-foot fencing or Category IV landscaping shall not be required for the "Proposed Tent Location" or the "Proposed Mulch Location." This is a deviation from the Zoning Ordinance. 9. No additional signage is permitted with this approval for storage of merchandise outdoors. 10.Mulch and seasonal merchandise shall be confined to the identified areas of storage and shall not impede traffic circulation in the parking lot or ADA parking spaces. I ,D `��� ci R7.5 B2 o B4 o a Nib V �Q �1 00; 1 T a „�/ o paw G� r p L � AG2 �� ,. � ,o � B2 hippo. w 0 00 R2;0 R20 AG2 N ® site Bhatt Brothers, LLC Property Polygons 1169 N im mo Parkway, Suite 224 S Zoning Building Feet 0 55110 220 330 440 550 660 Nj g u =S' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BHATT BROTHERS, LLC [Applicant] RED MILL WEST, LLC [PROPERTY OWNER] Conditional Use Permit (Tattoo Parlor) for the property located at 1169 Nimmo Parkway, Suite 224 (GPIN 241426113 ). COUNCIL DISTRICT 5 MEETING DATE: October 17, 2023 ■ Background: This is an application for a Conditional Use Permit for a Tattoo Parlor to operate a permanent makeup studio in the Red Mill Commons Shopping Center. The property is located along Nimmo Parkway at the intersection with Newstead Drive. The proposed tattoo parlor will occur within an existing salon and will consist of 32 private suites, each averaging 135 square feet. Each suite will be rented out by a cosmetic professional and services will be provided by appointment only. ■ Considerations: The proposed use is, in staff's opinion, acceptable, as the property is surrounded by commercial properties. No additional parking is required as the shopping center was designed to accommodate a variety of commercial uses. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On September 13, 2023, the Planning Commission passed a motion to recommend this item on the Consent Agenda, by a recorded vote of 10-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. Bhatt Brothers, LLC Page 2 of 2 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Item Applicant Bhatt Brothers, •. VB Property owner ' - • Mill West, LLC CouncilPlanning Commission Public Hearing September 13, 2023 City Virginia Beach Request Conditional Use Permit(Tattoo Parlor) Staff Recommendationf"/" Approval 4 °A' Staff Planner O `RNFR yA( 41 Michaela D. McKinney `0R3°1 Location 1169 Nimmo Parkway,Suite 224 "'MMOP -' GPIN 2414261130 Site Size 410� 3.39 acres (5,850 square feet suite) / MgQ ANMpT � AICUZ 44w4r 65-70 dB DNL; Sub-Area 2 l FL SON Watershed AVE Southern Rivers 7 ' Existing Land Use and Zoning District Shopping Center/B-2 Community Business �« Surrounding Land Uses and Zoning Districts A'141 North if ."AL Nimmo Parkway �` Single-family dwellings/R-7.5 Residential rl= South t� ' Shopping Center /B-2 Community Business East Shopping Center/ B-2 Community Business West Newstead Drive z - "'°POKE,cr Religious use,single-family dwellings/R-20 Residential +`_ A Bhatt Brothers, LLC Agenda Item 11 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor,specifically for the application of permanent makeup, known as microblading,within an existing salon at the Red Mill Commons Shopping Center.The shopping center is located along Nimmo Parkway on property zoned B-2 Community Business District. • Microblading will take place in 32 separate suites within the salon. Each suite will be rented out by a cosmetology professional. • Typical hours of operation are 9:00 a.m.to 9:00 p.m., Monday through Saturday.All permanent makeup services will be by appointment only. • No exterior changes to the building or new signage are proposed. �� / Zoning History e # Request ~ 26, Q r J 1 CUP(Bulk Storage Yard)Approved 08/21/2018 t CUP(Bulk Storage Yard)Approved 06/20/2016 - F ? �� CUP(Automobile Service Establishment)Approved 12/05/2000 G' 2 MDC Approved 11/09/1987 1 � � -2 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation : Recommendation The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable given that the use is compatible with the other existing commercial businesses located in the vicinity and within this part of the suburban area.The application of permanent makeup within a beauty salon is not expected to negatively impact other uses within the shopping center or the vicinity. Prior to commencing operations on the site,the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting applicable to such establishment.A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. For the reasons stated above,Staff recommends approval of this application,subject to the conditions listed below. Bhatt Brothers, LLC Agenda Item 11 Page 2 Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window,or on the doors.Window signage shall not be permitted.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. ' Comprehensive Plan Recommendations According to the Planned Land Use Map,the property is within a Suburban Area.The Envision Virginia Beach 2040 plan states that Virginia Beach strives to be a place where all citizens and businesses can prosper and to promote a diverse workforce.This property is within the Suburban Area.The Comprehensive Plan states that a non-residential property in a Suburban Area should be complementary to creating and maintaining the neighborhood stability and sustainability. The details in the applicant's CUP do not describe any alterations to the property that would otherwise negatively affect the Great Neighborhood principle, natural and cultural spaces,or transportation system.Therefore,the CUP as proposed is in alignment with the standards laid out in the Comprehensive Plan. ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There does not appear to be any significant natural or cultural resources associated with the site. Bhatt Brothers, LLC Agenda Item 11 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway 25,100 ADT' 32,700 ADT 1(LOS 2"D") 'Average Daily Trips Z as defined by a tattoo studio in 3 LOS=Level of Science No Change Anticipated 3 an existing strip shopping center. Master Transportation Plan (MTP) and Capital Improvement Program(CIP) Nimmo Pkwy in the vicinity of this application is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in a 120 foot right-of-way. There are no roadway CIP projects slated for this area. ImpactsPublic Utility Water&Sewer This site is connected to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on August 14, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,August 30, 2023 and September 6, 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 August 28, 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/planning on September 7, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 2, 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 October 13, 2023. Bhatt Brothers, LLC Agenda Item 11 Page 4 Proposed Site Layout « * A'r Y A. 44 .L ;Y .y e ! i ,,v t �.1 ,a a x y� ,� .t r�yr � +♦ # e e s r + _ a Bhatt Brothers, LLC Agenda Item 11 Page 5 t. Site Photo Bhatt Brothers, LLC Agenda Item 11 Page 6 Disclosure a Disclosure Statement y�rt,,ah—h ;,. .... . —,,. _ Planning&Community DevelopmentREMEMEW anra" i ti 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 Bhatt Brothers,LLC. Does the applicant have a representative? ❑Yes E No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Owner/President:Vaibhav Bhatt • If yes,list the businesses that have a pare nt-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 SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities, factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Bhatt Brothers, LLC Agenda Item 11 Page 7 Disclosure Disclosure Statement Ciiy afV.Oron ft-h Planning&Community 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 M 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-cc Ilaterali:ation,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. ApplePie Capital,Inc.Ryan Mirch 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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?0 Yes ❑No • If yes,identify the firm and individual providing the service. Ionic Delign Studios Inc,Eugene Thompson 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11,09.2020 2 1 P a g v Bhatt Brothers, LLC Agenda Item 11 Page 8 Disclosure Disclosure Statement VD Co y of sirginia baali Planning&Community Development yra.I•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 0 No . If yes,identify the company and individual providing the service. Taylor Construction,I.I.C.,Scott Taylor 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 0 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 0 NO . If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Vaibhav Bhatt Owner President Date LO 2 5 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. that pertains to the applications ® No chances as of Date 09/27/23 signature °fn1Hane Michaela D. McKinney Revised 11.09,2020 3 P a g e Bhatt Brothers, LLC Agenda Item 11 Page 9 Disclosure Statement Disclosure Statement Planning&Community Development N Owner Disclosure Owner Name Red Mill West, LLC Applicant Name Bhatt Brothers,LLC. Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) See attached list • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list If necessary) See attached list Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? n"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. `"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(il)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 4 2.2-3101. Revised 11.09.2020 5 Bhatt Brothers, LLC Agenda Item 11 Page 10 Disclosure Disclosure Statement ., Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,crosscollateralization,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/reactor for current and anticipated future sales of the subject property? K Yes ❑ No • If yes,identify the company and individual providing the service. Venture Realty Group,Matt Lafler 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?N Yes ❑ No • If yes,identify the firm and individual providing the service. Ernst&Young,Various Partners 4. Does the Owner have services from an architect/landscape architecOand 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. Francis&Reeve,Sally Reeve S. Is there any other pending or proposed purchaser of the subject property?❑Yes ® NO • If yes,identify the purchaser and purchasers 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. Armada Hoffler Construction Company,lames Simonds 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?N Yes ❑ No • If yes,identify the firm and individual providing the service. PACE Collaborative,James Bedois Revised 11,09.2020 6 Bhatt Brothers, LLC Agenda Item 11 Page 11 Disclosure Disclosure Statement VB 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. Williams Mullen,Ryan Kenrick;Faggert&Frieden,Scott Seery 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 See attached signature page Print Name and Title Date Revised 11.09.2020 7 P a g e Bhatt Brothers, LLC Agenda Item 11 Page 12 Members List OWNER'S NAME: Red Mill West,LLC. Manager: Armada Hoffler Manager,LLC Sole Member: Armada Hofller,L.P. OWNER'S MANAGER: Name: Armada Hoffler Manager,LLC Managers: Louis S.Haddad Shawn J.Tibbetts Matthew T.Barnes-Smith Sole Member: Armada Hoffler,L.P. OWNER'S MEMBER: Name: Armada Hoffler,L.P. [the"Operating Partnership"for the REIT*] General Partner: The REIT* Limited Partners: The REIT*which has the controlling interest in the Operating Partnership. There are multiple other fluctuating minority limited partner investors in the Operating Partnership. THE REIT*: Name: Armada Hoffler Properties,Inc. Executive Officers: Louis S. Haddad-Chief Executive Officer Shawn J.Tibbetts- Chief Operating Officer Matthew T.Barges-Smith- Chief Financial Officer Affiliates/Subsidiaries: The Operating Partnership has numerous affiliates/subsidiaries unrelated to the subject matter of the Application in which it is the sole owner or has a controlling interest. *The REIT is a publicly traded company. 1 Bhatt Brothers, LLC Agenda Item 11 Page 13 Signature Page Signature Page Conditional Use Permit Application Red Mill West,Virginia Beach,Virginia IN WITNESS WHEREOF,the Owner has caused this Application to be signed by its duly authorized representative. OWNER: RED MILL WEST,LLC, a Virginia limited liability company By: ARMADA HOFFLER MANAGER,LLC, a Virginia limited liability company, its Manager By: ' Louis S.Haddad,Manager Date:&42J-2023 Bhatt Brothers, LLC Agenda Item 11 Page 14 • 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. Bhatt Brothers, LLC Agenda Item 11 Page 15 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item # 11 Bhatt Brothers, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Next item is item number 11 , Bhatt Brothers LLC, Red Mill West LLC, conditional use permit for a tattoo parlor. Mr. Bhatt: Thank you, Mr. Horsley, and thank you everyone. My name is Vaibhav Bhatt, and I'm the owner of the location opening my salon suite for 32 suites and applying for a conditional permit. Mr. Horsley: Conditions acceptable? Mr. Bhatt: Yes sir. Mr. Horsley: Thank you sir. Mr. Bhatt: Thank you. Mr. Horsley: Any opposition? Seeing none, we've asked Mr. Parks if he would read this into the record. Mr. Parks: Thank you. The applicant is requesting a conditional use permit to operate a tattoo parlor, specifically for the application of permanent makeup, known as microblading in the Red Mill Commons Shopping Center. Microblading will take place within the 32 separate suites within the building. Hours of operation will be between 9 a.m. and 9 p.m. There are no planned exterior changes or new signage for the building. There is no known opposition and with staffs recommendation that's why this has been placed on the consent agenda. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. Madame Clerk: Mr. Horsley, can you make a motion on your iPad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1 , 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 , and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT CONDITIONS 1 . A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ZJ �4 iJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant] Resolution to Adopt and Incorporate into the Virginia Beach Comprehensive Plan, 2016 the Virginia Beach Historic Preservation Plan, 2023, which will supersede the Historic Resources Management Plan, 1994 MEETING DATE: October 17, 2023 ■ Background: The City of Virginia Beach, in partnership with the Virginia Department of Historic Resources (DHR), and involvement of the public, developed a Historic Resources Management Plan in 1994 to provide a long-range framework for the management of the City's extensive and varied historic resources. The 1994 plan was developed after completion of city-wide projects to identify, inventory, and survey cultural and historic resources. This plan has been implemented and needs to be updated. Recent initiatives by the Department of Planning and Community Development and the Historic Preservation Commission have resulted in the completion of updates for identification, inventory, and survey of the City's cultural and historic resources. The City has again partnered with DHR to develop a Historic Preservation Plan to replace the Historic Resources Management Plan, 1994. The Historic Preservation Plan, 2023, provides an updated and improved framework for managing Virginia Beach's historic resources, establishes guiding principles, and creates objective areas and related actions. The Plan builds on the current program's strengths and successes, while addressing areas of future need and concern. The project to develop the planning document was managed by DHR to ensure that it meets all state and federal standards for historic preservation planning. The Virginia Beach Historic Preservation Plan, 2023 is proposed to be adopted by reference and incorporated into the City of Virginia Beach Comprehensive Plan, 2016, superseding the Historic Resources Management Plan, 1994. A copy of the Plan was provided to the City Council in its September 29, 2023 council packet. ■ Considerations: In 2016 the National Park Service (NPS) designated Virginia Beach as a Certified Local Government (CLG) based upon the City having established key elements of a sound local preservation program. The CLG program in Virginia is managed by DHR. One of the areas for improvement identified in the 2016 CLG agreement between the City and DHR was the development of a preservation plan. The Virginia Beach Historic Preservation Plan, 2023, fulfills that requirement and commitment. ■ Recommendation: On September 13, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachment: Staff Report Resolution Minutes of Planning Commission Hearing Virginia Beach Historic Preservation Plan (provided to CC on October 3, 2023) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:16Q 1 A RESOLUTION TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 3 THE VIRGINIA BEACH HISTORIC PRESERVATION PLAN, 4 2023 WHICH WILL SUPERSEDE THE HISTORIC 5 RESOURCES MANAGEMENT PLAN, 1994 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 WHEREAS, the Virginia Beach Historic Preservation Plan, 2023 has been 11 developed with extensive input from the community and stakeholders, including three 12 stakeholder groups, two public meetings and an online public survey; and 13 14 WHEREAS, the revisions to the Historic Preservation Plan were necessary to 15 bring the Historic Resources Management Plan into compliance with the current 16 standards and practices; and 17 18 WHEREAS, the Virginia Beach Historic Preservation Plan, 2023 should be 19 adopted and incorporated as part of the Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption by City Council of the City of Virginia Beach of the Virginia Beach 28 Historic Preservation Plan 2023 and its incorporation into the Comprehensive Plan 29 2016. Such document is attached hereto and made a part hereof, having been 30 exhibited to the City Council and placed on file in the Department of Planning and 31 Community Development. 32 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 day of 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �i 4er,� W&U1 �=L4Z� tanning Department City At ey s- Office CA16224 R-2 August 7, 2023 2 Applicant City of •. Item HistoricPlanning Commission Public Hearing September 13, 2023 The Virginia Beach • 2023 Virginia Beach A Resolution to adopt and incorporate into the Virginia Beach Comprehensive Plan, 2016 the Virginia Beach Historic Preservation Plan, 2023,which will supersede the Historic Resources Management Plan, 1994. Summary of • The City of Virginia Beach, in partnership with the Virginia Department of Historic Resources (DHR),and involvement of the public,developed a Historic Resources Management Plan in 1994 to provide a long-range framework for the management of the City's extensive and varied historic resources.The 1994 plan was developed after completion of city- wide projects to identify, inventory, and survey cultural and historic resources. Although not on a steady trajectory,the majority of the goals and objectives of the Historic Resources Management Plan have been achieved in the nearly 30 years since it was developed. The Virginia Beach City Council established a Historic Preservation Commission in 2008 to advise them and City departments on all issues related to the preservation of historic buildings,structures,and sites located in Virginia Beach. In 2016 the National Park Service (NPS)designated Virginia Beach as a Certified Local Government (CLG) based upon it having established key elements of a sound local preservation program.The CLG designation also established an important partnership for the City with the State Historic Preservation Office (SHPO)and NPS. One of the areas for improvement identified in the 2016 CLG agreement between the City and the SHPO was the development of a preservation plan.The Virginia Beach Historic Preservation Plan, 2023 fulfills that requirement and commitment. The City,through the Historic Preservation Commission's leadership,completed city-wide projects to update the identification, inventory, and survey of cultural and historic resources in 2020. In partnership with DHR(which is also the SHPO),the City developed a Historic Preservation Plan to replace the Historic Resources Management Plan, 1994.The Historic Preservation Plan, 2023 provides an updated and improved framework for managing Virginia Beach's historic resources,establishes guiding principles,and creates objective areas and related actions that build on the current program's strengths and successes while addressing areas of future need and concern. The Plan was prepared by Commonwealth Preservation Group, a firm that meets and exceeds the Secretary of the Interior's Standards for Historic Preservation.The project to develop the planning document was managed through the SHPO to ensure that it meets all state and federal standards for historic preservation planning. Staff briefed the Planning Commission on the Historic Preservation Plan at their August 9, 2023 meeting. The Virginia Beach Historic Preservation Plan, 2023 is proposed to be adopted by reference and incorporated into the City of Virginia Beach Comprehensive Plan, 2016. It is proposed to supersede the Historic Resources Management Plan, 1994 as a reference document. City of Virginia Beach Agenda Item 1 Page 1 Recommendation Staff recommends approval of this Resolution to adopt and incorporate the Virginia Beach Historic Preservation Plan, 2023 into the Comprehensive Plan, 2016 and replace the Historic Resources Management Plan, 1994.The existing planning document is outdated and should be replaced with a document that meets current standards and addresses current issues and concerns. Public Outreach Information • Due to COVID restrictions no in-person public meetings were held. • An online survey via publicinput.com was created by the City of Virginia Beach and was available for public participation in April and May 2021. There were 1,038 participants recorded for the survey. The public was informed about the survey on the City's website and social media. • Virtual public meetings were held on February 23, 2021, and June 29, 2021. Information on the meetings was disseminated via press release,the City's website, and social media. • Historic Preservation Plan drafts, including the final Plan, were posted on the City's web site via the Historic Preservation Commission's web page throughout the process. Planning Commission • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, August 30, 2023 and September 6, 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 September 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, October 3, 2023 and October 10, 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 October 13, 2023. City of Virginia Beach Agenda Item 1 Page 2 Historic Preservation • as' • r r r r . • r . ar•- ./� ap Ap 4 *The complete Virginia Beach Historic Preservation Plan,2023 can be found at https.Ilplanning.virginiabeach.gov/boards- comm issions/historic-preservation-commission. City of Virginia Beach Agenda Item 1 Page 3 Virginia Beach Planning Commission September 13, 2023, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Okay. Consent agenda starts with item number one, The City of Virginia Beach, a resolution to adopt and incorporate into the Virginia Beach comprehensive plan of 2016, the Virginia Beach Historic Preservation Plan of 2023, which will supersede the Historic Resources Management Plan of 1994. Mr. Reed, would you come forward? Is there any opposition to adopting this plan? Hearing none. Mr. Reed, would you briefly explain this program? Mr. Reed: Yes, the item number one is to adopt a resolution to adopt and incorporate into the 2016 Comprehensive Plan. The 2023 Virginia Beach Historic Preservation Plan which will supersede the existing 1994 Historic Resources Management Plan. The Historic Preservation Plan will provide a roadmap or guidance to the planning staff and Historic Preservation Commission for its goals and objectives and actions relative to preserving the historic resources in Virginia Beach for, we hope, the coming 10 years. Mr. Horsley: Thank you. That completes the consent agenda, and I would place into motion that we approve these following items. Number one, the City of Virginia Beach. Number two, Commonwealth Brewing Company LLC, Commonwealth Brewing Company LLC in the City of Virginia Beach. Item number three, Commonwealth Brewing LLC. Item number four and five, W. W. Realty Associates LLC and Frank T. Williams. Item six Launch Creative Space, Marina Shores Repair Corporation. Item number seven Marina Shores Repair Corporation. Item number eight, Red Church, Inc. Item number nine Christopher Gregory, Princess Anne Witchduck Associates. Item number 10, Emily McGraw, VB Regatta Center Associates, LLC. Item number eleven Bhatt Brothers, LLC, Red Mill West, LLC and item number 12, Ashley Guller. Mr. Alcaraz: All right, thank you, Vice Chair. At this time, by the Vice Chair, we have these items. You've made a motion, sir? Mr. Horsley: Yes. Mr. Alcaraz: I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from any of these items? All right, vote. City of Virginia Beach Agenda Item 1 Page 6 Madame Clerk: Mr. Horsley, can you make a motion on your Pad and Ms. Byler, second? The vote is now open. By a vote of 10 to zero items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 have been recommended for approval. Mr. Alcaraz: Thank you for attending today's formal hearing and if you could get with the staff member that helped you, we could get you on the City Council agenda. Meeting adjourned. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee ABSENT City of Virginia Beach Agenda Item 1 Page 7 i�i�,.'�`��1�>.iK�'"��,yf�'. ���� � i.y'iir �J",Jfj_• . -AELML_ roam .► - t ter•- !� K , i f � 4 T' s f� r✓ C i The Virginia Beach Historic Preservation Plan was funded jointly by the Virginia Department of Historic Resources (DHR) Cost-Share Grant Program and the City of Virginia Beach, and compiled by Commonwealth Preservation Group. MONWEALTH PRESERVATION GROUP llriartntc�u u!HiNoric Rcwurc> Virginia Beach 2 Virginia Beach Historic Preservation Plan Acknowledgments The development of this plan was spearheaded by the City of Virginia Beach, the Historic Preservation Commission (HPC), and City Preservation Planner, Mark Reed, with funding from the Virginia Department of Historic Resource's Cost Share Program. Commonwealth Preservation Group (CPG) was hired to provide support for this project. The project plan included engagement with the public and stakeholder groups, as well as the project steering committee. Due to COVID-19, all public meetings and stakeholder engagement meetings were held virtually. At the outset of the project, there were three stakeholder groups including the HPC's Student Leaders Committee,the Steering Committee, and a staff group with expertise in sea level rise and flood adaptation,emergency preparedness, infrastructure improvements,and community development. Members of each of these groups are listed below. Public engagement efforts included two public meetings (hosted by the City) to gather input from the community. The City of Virginia Beach Communications Office provided assistance for the first public meeting as well as the online public survey. This information from the community was provided to the HPC and staff, and represented the community's priorities, goals, and vision for the preservation program. Using the results of public engagement as well as the previous Historic Resources Management Plan(HRMP)and existing guiding documents,the HPC and staff prepared the goals,actions and prioritization of their work as it is presented in this Historic Preservation Plan (HPP). The HPP reflects the effort and contributions of the following stakeholders: City of Virginia Beach Preservation Plan Steering Committee Kimberley Tempesco, Department of Planning& Community Lucas Anderton Senior Emergency Planner Development John Coston Karen Prochilo, Robert J.Tajan,Director Brian Facemire Housing Development Administrator Carolyn A.K.Smith, Erin Goldmeier Planning Administrator Bob Magoon Communications Department Mark A.Reed, Bernice Pope Julie Hill,Communications Director Historic Preservation Planner Amelia Ross-Hammond Rae Pearson Benn, Elizabeth Nowak, Howard Waldie Media&Communications Historic Preservation Planner Coordinator III* Jenizza Badua, Student Leaders Committee SGA Planner I/Urban Designer Finnley Brakke,Co-Chair,Tallwood HS Virginia Department of Historic Hannah Levi,Co-Chair,Cox HS Resources 2020-2021 Will Anderson,Cox HS Blake McDonald, Manager,Architectural Historic Preservation Commission Mason Beers,Cape Henry Coll. Survey&Cost Share Grant Program James B.Wood,Chair* Thomas Brodowski,Catholic HS Elizabeth Hoge Lipford, Preservation Sharon Prescott,1st Vice Chair* Campbell Clay,Cape Henry Coll. Specialist, Eastern Region Preservation C.Mac Rawls,2nd Vice Chair* Amara Davidson,Catholic HS Office Bobbie Gribble,Secretary* Daisy Fernandez,Kellem HS Bill Gambrell,Immediate Past Chair* Vanessa Fok,First Colonial HS Finnley Brakke Emma Good,Landstown HS The HPP was prepared with assistance Sharon Felton Kaleea Korunka,Green Run Coll. from Commonwealth Preservation Group, Harriet Frenzel Reagan McCoy,Salem HS with contributions by the following staff Albert Henley Blake McCullough,Kellam HS persons: Richard Klobuchar Paige Pollard,Principal Hannah Levi Sea Level Rise Focus Group Marcus Pollard,Principal Ian Lichacz Charles(CJ)Bodnar,Engineer III Kayla Halberg,Project Manager Becky Livas Michael Bumbaco III, Engineer III Jess Archer, Lee Lockamy Tonia Alger, Engineer V Architectural Historian/Graphic Designer Christi Lyons Michael Mundy, Ashlen Stump, Timothy Oksman Stormwater Program Manager Architectural Historian/Data Analyst Katie Paulson Sue Kriebel,Stormwater Engineer Erica Howard,Architectural Historian Rosemary Wilson,City Council Liason Tarig Omer, Engineer III Victoria Leonard,Architectural Historian Whitney McNamara,CFM, Environmental Planner III, Floodplain Manager,CRS Coordinator *Served on the Historic Preservation Plan Steering Committee Virginia Beach Historic Preservation Plan 3 Introduction to the Virginia Beach Historic Preservation Plan .................................................................7 1.1 Purpose of the Virginia Beach Historic Preservation Plan(HPP).....................................................9 1.2 Overview of HPP Development& Public Engagement ..................................................................10 Guiding Principles for the Virginia Beach Historic Preservation Plan ...................................................... 13 2.1 Guiding Principles&Community Goals ..........................................................................................15 2.1.1 Guiding Principle #1: Preserve the City's Cultural, Historic, & Pre-historic Resources.............. 15 2.1.2 Guiding Principle #2: Value &Achieve Equity, Diversity, &Inclusion in the Historic Preservation Program ........................................................................................................... 15 2.1.3 Guiding Principle #3:Strengthen Internal&External Partnerships& Promote Coordination withComplementary Initiatives............................................................................................16 Virginia Beach Historic Preservation Plan Objectives&Actions ..............................................................17 3.1 Introduction ......................................................................................................................................19 3.2 HPP Objectives,Actions,& Implementation Chart .......................................................................19 .` Historic Resource Documentation Planning&Prioritization.................................................................... 33 4.1 Introduction .....................................................................................................................................35 4.2 Recent Survey&Documentation Efforts in Virginia Beach ............................................................35 4.3 Funding Historic Research Documentation Initiatives ...................................................................38 4.4 Factors for Prioritizing Preservation Initiatives& Decision Matrix ................................................42 4.4.1 Geographic Area ...................................................................................................................... 43 4.4.2 Number of Potential Resources ............................................................................................... 43 4.4.3 Resources Associated with DHR & NPS Priorities ....................................................................44 4.4.4 Integrity of Resource ................................................................................................................44 4.4.5 Level of Significance & Resource Rarity....................................................................................45 4.4.6 Archaeological Potential ..........................................................................................................45 4.4.7 Financial Burden & Economic Hardship ...................................................................................46 4.4.8 Development Threat ................................................................................................................46 4.4.9 Flood Risk ................................................................................................................................47 4.4.10 Sample Decision Matrix ......................................................................................................... 48 4.5 Sample Survey& Documentation Plan ......................................................................................... 50 4.6 Updating Early Nominations to the Virginia Landmarks Register&National Register of HistoricPlaces ................................................................................................................................. 52 4 Virginia Beach Historic Preservation Plan 0 Virginia Beach Preservation History,Trends,and Challenges ..................................................................53 5.1 Introduction ....................................................................................................................................55 5.2 History of Preservation in Virginia Beach &Overview of Current Programs ...............................55 5.3 Analysis of Former Historic Resources Management Plan ............................................................58 5.4 Overview of Trends&Challenges for Historic Preservation ........................................................ 61 5.4.1 Community Demographics ......................................................................................................61 5.4.2 History of Growth in Virginia Beach & Overview of Current Development & Land ValuePressures ....................................................................................................................63 5.4.3 Sea Level Rise, Recurrent Flooding, & Disaster Preparedness .................................................66 5.4.4 Funding Constraints & Opportunities .....................................................................................67 5.4.5 Neglect ...................................................................................................................................69 6 Embedding Preservation in City-wide Planning& Initiatives ..................................................................71 6.1 Where does the HPP Fit Within Other City-Wide Planning Documents? ....................................73 6.2 Virginia Beach Arts Plan 2030 .......................................................................................................73 6.3 It's Our Future:A Choice City:City of Virginia Beach Comprehensive Plan ............................... 73 6.4 Virginia Beach Outdoors Plan:A Master Plan for the Parks& Recreation System ......................74 6.5 Virginia Beach Sea Level Wise Adaptation Strategy ....................................................................75 6.6 Virginia Beach Resort Area Strategic Action Plan 2030 ...............................................................76 Appendices Appendices ................................................................................................................................................77 Appendix#1:Overview of Public Engagement&Results of Public Input Survey............................79 Appendix1.1: Focus Group ..............................................................................................................79 Appendix 1.2: Public Meeting #1 ....................................................................................................80 Appendix 1.3: Public Opinion Survey............................................................................................. 82 Appendix 1.4: Public Meeting #2 ...................................................................................................84 Appendix 1.5: Results of Public Opinion Survey ............................................................................. 85 Appendix#2:Types of Historical Designations.................................................................................97 Appendix#3: Financial Incentives for Historic Preservation ............................................................ 99 Appendix#4: Glossary....................................................................................................................... 102 Appendix#5:Abbreviations..............................................................................................................108 Appendix #6: Resource Guide ............................................................................................................109 Virginia Beach Historic Preservation Plan 5 THIS PAGE INTENTIONALLY LEFT BLANK 6 Virginia Beach Historic Preservation Plan •v � k `► ON eac tp INTRODUCTION TO THE VIRGINIA BEACH HISTORIC PRESERVATION PLAN r .4 THIS PAGE INTENTIONALLY LEFT BLANK 8 Virginia Beach Historic Preservation Plan:Chapter 1 1.1 PURPOSE OF THE VIRGINIA BEACH HISTORIC PRESERVATION PLAN .. ._ AL The purpose of the Virginia Beach Historic and based upon review of previous program goals Preservation Plan (HPP) is to establish the vision, and analysis of past accomplishments. Utilizing the objectives, and actions for the City of Virginia Beach's information gathered, preservation staff and the historic preservation program for the next ten years Historic Preservation Commission (HPC) prepared and to identify strategic areas for partnerships with the objectives, actions, initiatives, and prioritization internal and external stakeholders. This purpose is metrics herein. Decision-making factors, as well as an best accomplished with a robust public engagement example Decision Matrix follow the objectives and process and a broad definition of historic preservation actions. The HPP includes an overview of current that includes cultural, historic and prehistoric trends,challenges and opportunities for preservation resources. in Virginia Beach. This document provides an overview of funding sources, financial incentives, and The 1994 Virginia Beach Historic Resources support for preservation activities that will help the Management Plan (HRMP), which was the first HPC and staff develop future program priorities and such plan for the city, provided the framework and annual budget requests.Additionally,the HPP will be foundation for the successful growth, development, useful for grant solicitation, as it provides a detailed and expansion of the City's preservation program over overview of the goals, objectives, actions, and the past 30 years.This HPP updates the former HRMP, measurement tools of the HPC; these are all items and seeks to build on the goals and achievements typically asked for in solicitations for funding requests. from the previous plan. Following a similar approach to its predecessor, the HPP takes into account input The HPP recommendations serve the entire City of from various stakeholder groups, including citizens, Virginia Beach and its residents, with a specific focus staff, policy makers, and elected officials from the on the Virginia Beach Historic Preservation Program City to determine the challenges and opportunities as implemented by the HPC and Department of for the preservation program today. The HPP also Planning & Community Development. The plan incorporates current City policies and initiatives to discusses ways in which preservation is already address existing and new areas of opportunity for the preservation program, including collaboration with ~�J "Sea Level Wise" (the Virginia Beach action strategy for sea level rise, discussed in more detail in Chapter • 6) and implementing recommendations resulting from recent survey work (2018/2020 Northern and Southern Half Architectural Surveys, 2018/2020 - Archaeological Assessments).,, _ The recommendations in this HPP were developed Figure 1.1 162 Bailey Lane was surveyed during the Historic after receiving input from stakeholder interviews, Architectural Survey Update - Northern Half in 2018 and is a contributing resource to the potentially eligible Laurel Manor public meetings, an online public opinion survey, Historic District. Virginia Beach Historic Preservation Plan: Chapter 1 9 The intent of this plan is to foster progress and effective implementation of the historic preservation program for the City of Virginia Beach and its citizens. Implementation of this plan will be successful if, by the year 2033,the following has occurred: • Continued preservation and documentation of the City's cultural, historic and pre-historic resources . • Development of a common vision for historic preservation that embraces cultural diversity and increases public engagement • Strengthened collaboration as demonstrated Figure 1.2 - Carrow Baptist Church was surveyed during the by integrating preservation activities across City Historic Architectural Survey Update-Northern Half in 2018. departments and initiatives embedded within the work of other city departments and incorporates City-wide initiatives and cross- departmental coordination in its objectives. This +` allows other City departments to understand how preservation can seamlessly integrate, and in many cases support their work, fostering a collaborative approach to preservation. While the document will be most useful to City Preservation staff and the HPC, implementation of the stated goals and objectives will require internal and external collaboration. Figure 1.3-Barn at 1168 Princess Anne Road was surveyed during the Historic Architectural Survey Update - Southern Half in 2020. The foundation for this HPP relied upon input from CPG met virtually with each focus group at the start Virginia Beach residents, City staff, the HPC, and of the project to better understand the goals of these various stakeholder groups. Several engagement stakeholder groups.These focus groups also informed activities were held in order to develop a plan the development of the public opinion survey and the that advances the community's vision for historic overall HPP.The HPC and staff considered this public preservation and ensures that the goals herein input as they determined recommended actions and could be achieved. Three focus groups informed the prioritization. development of priorities for engagement. These focus groups included the HPP Steering Committee, The City also hosted two virtual public engagement the Student Leaders Committee, and a panel of City meetings and issued a city-wide public input survey staff experts in sea level rise and recurrent flooding. on its website. The first public meeting was held on 10 Virginia Beach Historic Preservation Plan:Chapter 1 February 23, 2021. The purpose of this meeting was to provide the public with background information on the project and to begin collecting input from the p community regarding their preservation priorities. From April 26, 2021 to May 16, 2021, the City :w stsvuce collected online survey responses from the public. _ The public opinion survey sought to provide a better IIi understanding of the community's interests, priorities, and values relating to historic preservation and historic "'■*r{ and cultural resources in Virginia Beach. Appendix 1 of this document provides a more detailed summary of each public engagement activity, as well as the Figure 1.4 - Monks Place was surveyed during the Historic results of the public opinion survey. Architectural Survey Update-Southern Half in 2020. T ® 44 $9 ftJ , 1y .� i Figure 1.5 - Cottage Court,4489 Lookout Road is located in the potential Chesapeake Beach Historic District,which has been determined potentially eligible for listing in the National Register of Historic Places(NRHP)and Virginia Landmarks Register(VLR) by the Virginia Department of Historic Resources(DHR). Virginia Beach Historic Preservation Plan: Chapter 1 11 THIS PAGE INTENTIONALLY LEFT BLANK 12 Virginia Beach Historic Preservation Plan:Chapter 1 - mv--' _? IF i '. N i - r :: GUIDING PRINCIPLES FOR THE, VIRGINIA BEACH HISTORIC .. PRESERVATION PLAN � r x 4 � s ;, t THIS PAGE INTENTIONALLY LEFT BLANK 14 Virginia Beach Historic Preservation Plan:Chapter 2 2.1 GUIDING PRINOPLES & COMMUNITYGOALS The Guiding Principles for the Virginia Beach Historic within the guiding principles were developed out of Preservation Plan (HPP)outlined below are intended the focus groups, steering committee input, and the to serve as a framework for the City's historic public engagement process.They are broad and allow preservation program for the next ten years.All of the for flexibility as priorities change and opportunities objectives and actions identified in Chapter are tied arise over the life of the HPP. to these guiding principles. The values embedded 2.1.1 GUIDING . . PRESERVECULTURAL, HISTORIC, Virginia Beach is home to a variety of resource types, cultural resources is the central goal for all of the both above and below ground, that range from pre- objectives and actions outlined in this plan. historic sites and eighteenth-century dwellings to r j mid-twentieth century hotels and neighborhoods. Preservation of these historic and cultural resources r � k helps establish a sense of place and community identity, promotes neighborhood revitalization and stability, provides cultural and artistic experiences, and advances economic development. In addition, preservation is also the most sustainable building practice available today. The environment benefits Figure 2.1 1312 Graham Road is located in the Woodhurst from reuse of existing buildings that limit the use of Historic District, which is listed in the Virginia Landmarks landfills and decrease production of new materials. Register(VLR)and has been recommended eligible for listing in the National Register of Historic Places(NRHP)by the Virginia Therefore, preservation of the City's historic and Department of Historic Resources(DHR). :21• e • Early preservation efforts throughout the country heritage, and would like to see a more equitable tended to focus on the earliest and most architecturally geographic distribution of attention and recognition distinctive buildings, especially those associated with of historic resources. Similarly, the community colonial and pre-Civil War history. In recent years,the prioritizes historic resources that are facing imminent preservation movement has given increasing attention threats such as demolition, redevelopment, and to twentieth-century resources and places associated recurrent flooding. The Guiding Principles serve as a with underrepresented communities (such as racial roadmap for the HPC to incorporate the community's and ethnic minorities,as well as LGBTQ communities), input, values, and vision within the objectives and in addition to increased protections for archaeological actions highlighted in hapter 3,and they emphasize sites. Based on community input, residents of Virginia the importance of continued public engagement for Beach are concerned about the preservation of sites prioritization of individual projects. deeply rooted in community tradition and cultural Virginia Beach Historic Preservation Plan:Chapter 2 15 2.1.3 GUIDING PRINCIPLE #3: STRENGTHEN INTERNAL & EXTERNAL PARTNERSHIPS & PROMOTE COORDINATION WITH COMPLEMENTARY INITIATIVES Because historic preservation has far-reaching benefits through the City of Virginia Beach Department of and is touched in some way by many different City Planning & Community Development and the HPC, departments, stakeholders, and local organizations, their work both supports and relies upon the work of coordination and strong partnerships are necessary others. Ultimately, the hope is that by accomplishing to achieve many of the stated goals, objectives, these tasks and meeting the objectives, the City and actions in this HPP. While the City's historic will have a strong and well-coordinated historic preservation program is primarily administered preservation community. KEY STAKEHOLDERS & PARTNERS IN PRESERVATION CITY OF VIRGINIA BEACH • Planning & Community Development • Economic Development • Staff . Housing & Neighborhood Preservation • Historic Preservation Commission • Parks & Recreation — Student Leaders Committee • Public Works ° Historical Review Board ° Sea Level Wise • Communications Office • Office of Performance and Accountability • Convention &Visitors Bureau • Cultural Affairs EXTERNAL PARTNERSHIPS NATIONAL STATE LOCAL • Department of Defense • Preservation Virginia • Historic Kempsville • United States Navy • Virginia African American • Princess Anne County/ • United States Coast Guard Cultural Center Virginia Beach Historical • Nansemond Indian Nation • Virginia Department of Historic Society • National Association of Resources (DHR) • ViBe Creative District Preservation Commissions • Virginia National Guard • Other Stakeholders (NAPC) ° Owners of historic • National Park Service properties • National Trust for Historic ° Business owners located Preservation (NTHP) in historic properties ° Real estate developers ° Real estate agents • Professional Consultants Figure 2.2 16 Virginia Beach Historic Preservation Plan:Chapter 2 50U1t90F 4 PILI R � � 0 VIRGINIA B' AC ISTORI ERVATION PLAN OBJECTIVES & ACTIONLi 1 au;cK .koo 4 M I rI SAT U 'K J�S �1 w+ RESTAl1RANT . - - �\ }— THIS PAGE INTENTIONALLY LEFT BLANK 18 Virginia Beach Historic Preservation Plan:Chapter 3 3.1 INTRODUCTION This chapter of the Virginia Beach Historic Preservation to complement each Action, and identifies priority Plan (HPP) provides a set of Objectives, Actions, levels and target outcomes. Prioritization is based on and supporting initiatives are designed to meet the a scale from 1 to 4, with 1 being the highest priority overarching goals of the Guiding Principles outlined in initiatives. The Target Outcomes provide a method Chapter 2.The Actions are recommended strategies for the HPC and staff to measure success of the HPP for implementing and meeting the Objectives of the implementation. plan. This chapter also includes potential initiatives 3.2 HPP OBJECTIVES, ACTIONS, & IMPLEMENTATION CHART ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 1: Expand Community Engagement to Increase Awareness of Historic Preservation A.Continue hosting the Historic 1 Annual meetings Preservation Commission's(HPC)regular Increased public participation at annual Public Meeting meetings Action 1.1: B. Review and improve HPC and Historical 1 Strategy for sharing preservation news with Engage the Review Board(HRB)communication public public on methods and strategies Strategy for sharing information articles current Historic Facilitation of public engagement,including Preservation digital methods issues and C. Engage students and increase 1 Development of new generation of initiatives awareness of historic preservation in local preservationists schools Increased number of students participating in historic preservation activities D.Present periodic briefings and annual 2 Increased awareness of elected officials report to City Council awareness of preservation issues A.Partner with Preservation Virginia to 1 Increased number and type of Historic Grow Pints for Preservation initiatives Preservation Month activities Increased number of participants in Historic Preservation Month activities Increased community support of preservation initiatives B.Coordinate initiatives through the 1 Increased participation from non-Committee Student Leaders Committee(SLC)to students in historic preservation activities engage students in discovering local Host at least one SLC activity/initiative Action 1.2: history annually Publicize Historic C.Develop creative and interesting 2 Increase number and kinds of groups to Preservation proclamations to raise public awareness receive proclamations Month(May) D.Partner with the Virginia Department 2 Increased public awareness of the value of and Archaeology Month(October) of Historic Resources(DHR)or other archaeology organizations to develop public archaeology programming E.Organize tours of historic buildings, 2 Increased public awareness of local historic sites,and areas resources F.Provide technical assistance to local and 3 Expanded community involvement in City organizations for the development preservation of public programs/exhibits on historic preservation and local history Virginia Beach Historic Preservation Plan:Chapter 3 19 ACTION SUPPORTING PRIORITY TARGET LEVEL OBJECTIVE 1: Expand Community Engagement to Increase Awareness of Historic Preservation A.Encourage applications 1 Increased number of submitted applications for Research Grant program Increased variety and number of markers and funds for historic markers and signs funded interpretive signs Expanded knowledge and recognition of local Action 1.3:Continue to history and resources initiate,support,and B.Undertake projects to 1 Expanded knowledge and recognition of local publicize placement document the history of history and resources of informational underrepresented communities Increased understanding,awareness,and access markers and signs and narratives to the full story of the City's diverse history representative of the C. Place recognition signs at 1 Increased public awareness of designated historic area's long and diverse entrances to National Register areas in the city history Historic Districts Enhanced pride in community D.Complete development and 2 Expanded knowledge and recognition of local implementation of a local historic history and resources marker program to supplement Markers installed for locally significant history the state program and resources A. Revise and update the 50 2 Expanded knowledge and recognition of local Most Historically Significant history and resources Houses and Structures in Virginia Increased appreciation of local historic resources Action 1.4:Develop Beach publication(2008) publications on the City's historic resources B. Develop,publish,and 4 Expanded knowledge and recognition of local distribute local historic context history and resources and theme studies Increased understanding,awareness,and access to the full story of the City's diverse history OBJECTIVE 2:Support Planning and Activities that Encourage Heritage Tourism A.Support commission of 1 Investigation of evidence of economic benefits of an economic impact study of heritage sites and events current available experiences Promotion of and education about study to and future opportunities for ensure its use in heritage tourism planning heritage tourism Increased public knowledge about economic impact of heritage ideas B. Identify and provide 2 Incorporation of broad historical themes into information to heritage tourism tourism plan and tourist information Action Coordinate planning efforts about the Identification of potential walking/biking/driving with Cittyy departments community's diverse history tours to establish update a Development of informational guides and signs heritage tourism plan C.Support initiatives for Virginia 2 Accomplishment of mutually beneficial goals Beach City Museums Maintained engagement and communication with internal partner D.Coordinate with other local 3 Improved engagement and communication with historical and preservation local groups organizations and historic site operators to facilitate engagement and input with City initiatives 20 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 2: Support Planning and Activities that Encourage Heritage Tourism A.Coordinate communication 1 Facilitation of regular meetings and interactions and cooperation among various Accomplishment of mutually beneficial goals Cape Henry Historic Site stakeholders B.Support renewal of 1 Maintained public access to the historic area Agreement for the City to provide passenger shuttles for civilian access C.Encourage support of 1 Preservation of National Historic Landmark Action 2.2:Continue restoration projects for the old efforts of the HPC's Cape Henry Lighthouse Cape Henry Historic Site Committee to D.Involve Joint Expeditionary 1 Facilitation of communication and cooperation ensure access for Base Little Creek-Fort Story residents and visitors (JEBLCFS)command and work to enhance tourist access E.Provide input into interpretive 2 Increased public awareness of the historic area planning for the National Park Increased public programming for historic area Service site F.Support U.S.Coast Guard 3 Facilitation of transition from operational to transfer of stewardship/ accessible ownership of the new Cape Preservation of both historic lighthouses Henry Lighthouse OBJECTIVE 3: Identify, Investigate,and Recognize Virginia Beach's Historic Resources A.Survey resources as part of Expanded survey inventory the National Register of Historic Increase number of resources surveyed Places(NRHP)nomination Meet expectations for a Certified Local Action 3.1:Continue process for historic districts Government(CLG)community identification and documentation of B.Survey threatened resources 1 historic and cultural C.Survey resources in resources neighborhoods and communities identified as significant or potentially eligible for listing in the NRHP Virginia Beach Historic Preservation Plan:Chapter 3 21 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 3: Identify, Investigate,and Recognize Virginia Beach's Historic Resources A.Complete the NRHP 1 Completion of projects in progress in 2022 nomination process for individual Expanded knowledge and recognition of local resources and historic districts history and resources that are currently underway B. Implement recommendations 1 Accomplishment of program goals through from the 2018-2020 initiation and completion of 20 identified architectural surveys and projects archaeological assessments Action 3.2:Implement the updated C.Ensure that historic resources 1 Updated GIS information Inventory,Survey,and are integrated in the City's Establish Standard Operating Procedure(SOP) Recognition Plan Geographic Information System for on-going data review and maintenance (GIS)mapping D. Ensure that during site plan 2 Process improvement review,historic resources are Increased internal awareness identified in the review process and preservation program staff are engaged as appropriate E.Utilize the Decision Matrix 3 Alignment of actions with program goals and to assist in the prioritization of priorities initiatives Action 3.3: Develop A.Assign priority to sites in the 1 Completion of archaeological projects as funded a plan to incorporate 2020 archaeological assessment Expanded knowledge and recognition of local archaeological that are recommended as history and resources investigations into the potentially eligible for the NRHP, annual activities of the Native American,or African preservation program American sites,Sites threatened by sea level rise,and recurrent flooding B. Initiate and support additional 2 Completion of projects as funded scientific investigations for Expanded knowledge and recognition of local background and information history and resources about important historic sites in the City(e.g.dendrochronology) 22 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 4:Coordinate Preservation Program with Focus Areas Identified as State and National Priorities A. Establish mission/purpose for the 1 Establishment of direction for the committee HPC's Underrepresented Communities Identification and definition of the City's Committee underrepresented communities B. Document history of 1 Develop shared understanding of the historical underrepresented communities narratives for these communities through research,identification,survey, Expanded knowledge and recognition of local and designation initiatives history and resources Completion of projects that recognize these communities and narratives Addition of resources to the Virginia Cultural Resource Information System(VCRIS)database Provision of funding and incentives for research projects C. Recognize persons,events, 1 Accomplish projects that provide recognition sites,and buildings associated with underrepresented communities D.Continue to sponsor proclamations 1 Coordination with various communities to Action 4.1:Seek to and resolutions that recognize the provide an annual official City recognition increase research, City's appreciation of the history of its understanding, diverse public recognition,and E.Seek funding for projects that will 1 Receipt of at least 4 grants for recognition and preservation recognize and/or preserve historic preservation of underrepresented communities' of the people, resources,such as specific funding historic resources places,and events awards for Black,Indigenous,and associated with People of Color(BIPOC)preservation underrepresented initiatives communities F.Complete NRHP nominations funded 1 Listing of L&J Gardens and Seatack in the through the FY19 National Park Service NRHP (NPS)Underrepresented Community grant award to the City in 2020 G.Update existing NRHP nominations 1 Alignment of existing nominations with current to incorporate new research and standards of documentation and inclusion include a fuller story of each site with respect to the presence and contributions of Indigenous people, African Americans,Women,LGBTQ, and other underrepresented communities H.Audit existing nominations,surveys, 1 Increased diversity and representation of and initiatives to evaluate which historical and cultural resources themes,peoples,and narratives are Completion of additional nominations and presently represented in Virginia Beach surveys for a broader range of resources and to identify underrepresented Expanded research and programmatic activities resource types and inform future for a broader range of resources initiatives I.Continue to award research grants to 1 Increased number of research grant applications fund projects that focus on the history for underrepresented narratives of underrepresented communities in Virginia Beach J.Work with DHR's Community 2 Improved collaboration and engagement Outreach Coordination initiative with African American and Native American Communities Virginia Beach Historic Preservation Plan:Chapter 3 23 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 4:Coordinate Preservation Program with Focus Areas Identified as State and National Priorities A.Develop a historic context for the 1 Expanded knowledge and recognition of local Post-World War II development of history and resources Virginia Beach Identification of Post-World War II resources that should be further researched and surveyed Completion of research,theme,or context study of this period of development Facilitation of NRHP recognition through development of the historic context Action 4.2: B.Complete related Preliminary 1 Completion of 4 projects that were initiated in Seek to increase Information Forms(PIF)and NRHP 2022 research, nominations currently in process understanding, C.Follow up on the 2018 survey 2 Completion of additional nominations per survey recognition and recommendations for New Dominion recommendations preservation era resources Expanded research per survey recommendations of the people, Expanded programmatic activities per survey places,and events a recommendations associated with the recent past D.Encourage and assist owners of 2 Nomination of additional motel resources under potentially eligible motel buildings to the MPD pursue NRHP nominations through the Oceanfront Resort Motels-Hotels Multiple Property Documentation form(MPD) E. Identify additional New Dominion 3 Expanded knowledge and recognition of local era resources and pursue appropriate history and resources in this era recognition Completion of additional nominations of resources from this era Completion of initiatives to survey resources from this era 24 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 5:Address the threat of recurrent flooding,projected sea level rise,and other hazards and disasters to Historic Resources and develop post-recovery strategies A.Develop a social justice and equity 1 Improved acknowledgment and inclusion of mission statement that ensures underrepresented communities and associated equitable inclusion of the City's historic resources in planning initiatives diverse history and resources in Enhancement of positive outcomes for these resilience and mitigation initiatives historic resources B.Coordinate with local,state, 1 Process improvement and federal agencies to ensure a Development of strong response networks comprehensive approach and to limit Development of cohesive response and recovery redundant efforts systems C.Coordinate with governmental 1 Process improvement and local partners to implement Expanded knowledge of available funding tools for post-disaster repair funds recovery efforts Enhancement of positive outcomes for historic resources D. Develop a vulnerability index 1 Well-informed decision-making processes and for historic resources that includes planning Action 5.1: threats from recurrent flooding,sea Process improvement Develop and level rise,and other climate-related Expanded understanding of disaster impacts to the implement disasters and incorporate into both Virginia Beach community an effective preservation program and City resilience and planning initiatives mitigation plan E.Coordinate with the Virginia 1 Improvement of local data that addresses Beach Center for GIS to improve and Improved understanding of local conditions recurrent update existing map data for historic Improved communication with non-local partners flooding,sea resources about specific needs level rise, F.Develop a post-disaster survey 1 Process improvement and other strategy with clearly assigned roles Enhancement of positive outcomes for historic climate-related and responsibility to ensure timely resources disasters for the documentation of damaged historic City's historic resources architectural and archaeological G. Prioritize survey and nomination 2 Production of accurate and useful GIS mapping of resources of historic resources at risk for identified extant resources flooding and loss due to sea level Improvement of local data rise Improved understanding of local conditions Improved communication with non-local partners about specific needs H.Develop response protocols for 3 Develop post-disaster survey strategies to preservation program staff facilitate recordation of conditions,damage,and applications for available funding Development of pre-disaster,disaster,and post- disaster training for response staff,preservation program staff,and others as appropriate Assignment of higher importance for these geographic areas I. Develop training for response staff 3 Involvement across governmental sectors to on use of maps for historic resources optimize effectiveness J.Develop process for review of 4 Implement effective process to access funding emergency stabilization for historic resources in local historic districts to ensure appropriateness of repairs/ alternations Virginia Beach Historic Preservation Plan:Chapter 3 25 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 5:Address the threat of recurrent flooding, projected sea level rise,and other hazards and disasters to Historic Resources and develop post-recovery strategies A.Develop a social justice and equity 1 Improved acknowledgment and inclusion of mission statement that ensures underrepresented communities and associated equitable inclusion of the City's historic resources in planning initiatives diverse history and resources in Enhancement of positive outcomes for these resilience and mitigation initiatives historic resources B.Ensure that all NRHP,Virginia 1 Spatial representation of significant resources Landmarks Register(VLR),and Production of accurate and useful GIS mapping Action 5.2: locally designated properties are of identified extant resources Continue to clearly identified in flood mitigation Improvement of local data incorporate planning/mapping Improved understanding of local conditions historic resources Improved communication with non-local partners into the City of about specific needs Virginia Beach's C.Clearly show documented historic 2 Spatial representation of significant resources overall plans and archaeological sites on flood Production of accurate and useful GIS mapping for sea level risk maps(Archaeological resources of identified extant resources rise,recurrent should only be located generally,with Improvement of local data flooding, any specific mapping reserved for Improved understanding of local conditions and climate- authorized use only.) Improved communication with non-local partners related disaster about specific needs preparedness and D.Incorporate questions relevant 3 Process improvement recovery efforts to historic properties on the City's Damage Assessment Form to quickly identify and allocate resources to affected properties E.Work with City departments to 3 Interdepartmental coordination and cooperation target mitigation funding and grant applications toward historic resources vulnerable to flooding and disaster risk 26 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 5:Address the threat of recurrent flooding, projected sea level rise,and other hazards and disasters to Historic Resources and develop post-recovery strategies A.Use existing language in the 2 Preparedness for climate related problems/ City's zoning ordinance that enables disasters exemption requests from the Federal Emergency Management Agency (FEMA)-required flood risk reduction measures for designated historic properties B.Develop FEMA exemption 2 Improvement of process request form and documentation requirements in coordination with floodplain manager C. Establish process for review and 2 Improvement of process Action 5.3: Build consideration of FEMA exemption preservation requests in coordination with program capacity floodplain manager to plan for D.Require adequate existing 3 Create and update baseline documentation for and respond conditions documentation in significant resources to sea level conjunction with exemption request rise,recurrent to build pre-disaster documentation flooding, of resources and disaster Preparedness and E.Develop and implement design 3 Improvement of process recovery efforts guidelines for flood mitigation and Preparedness for climate-related problems/ adaptation in Historic and Cultural disasters Districts(HCD),which prioritize use of exemption requests concurrent with alternative parcel-level risk reduction strategies F.Engage staff and HRB in review 4 Expansion of board responsibilities process to ensure alterations and Improvement of process retrofit design are appropriate and do not negatively impact the historic resource G.Ensure alternative protection 4 Improvement of process measures are required and that there is post retrofit monitoring Action 5.4: A. Distribute tool kit via multiple 1 Increased public knowledge of disaster Develop disaster platforms preparedness and recovery preparedness Increased access to disaster planning information and recovery Enhancement of positive outcomes for historic toolkit for historic resources property owners Virginia Beach Historic Preservation Plan:Chapter 3 27 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 6: Protect Historic and Cultural Resources through Education and Enhanced Incentives Action 6.1: A.Maintain a list of threatened 1 Establishment of standard procedures to Identify properties and identify resources regularly review and update the list threatened associated with underrepresented Increased public awareness of threats to historic historic resources communities and narratives in the list resources in Virginia Beach of threatened properties Increased public awareness of which resources and engage are threatened with property owners to discuss preservation opportunities that may be available to them A.Evaluate needs related to 1 Codification of protective practices protection of archaeological resources Investigation of incentives to perform Action 6.2: archaeological assessments Enhance local B. Regularly evaluate the existing 2 Alignment of ordinance with best practices protections historic preservation ordinance and through the revise as appropriate Virginia Beach City Code C. Evaluate property owner interest in 3 Engagement with historic property owners establishing additional HCDs Increased number of historic resources under voluntary protections A. Improve coordination with other 1 Process improvement City departments to identify when Cross-training with other City staff significant,listed,or threatened Improved knowledge of City staff and the public Action 6.3: resources would be affected by permit about local historic resources Develop process applications involving those resources for information B.Establish incentives that encourage 3 Expansion of incentive program sharing of preservation of neglected properties potential demolition plans for historic C.Collaborate with Code 4 Improved interdepartmental communication and resources Enforcement to monitor the collaboration Condemned Properties list Prevention of demolition of historically significant structures Increased opportunities to document historic resources 28 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 6: Protect Historic and Cultural Resources through Education and Enhanced Incentives A.Advocate for expanding the 1 Expansion of incentive program partial tax exemption for VLR-listed properties B.Develop incentives to encourage 2 Expansion of archaeological resource assessment of archaeological assessments resources C.Regularly review the application 3 Process improvement process for the City's Partial Real Improved guidance provided to tax exemption Action 6.4: Estate Tax Exemption for Historically applicants Enhance Significant Rehabilitated Structures Improved rehabilitation project outcomes incentives that and make revisions as appropriate encourage private investment D.Direct project review of Partial 3 Expansion of HRB responsibilities in historic Real Estate Tax Exemption or Improved guidance provided to tax exemption preservation similarly incentivized projects to the applicants Preservation Planner and the HRB for Improved rehabilitation project outcomes initial and final review and approval E.Advocate extending the local 4 Expansion of incentive program rehabilitation tax exemption program Encouragement of appropriate rehabilitation to properties that contribute to practices Virginia Beach HCDs or VLR Historic Districts A.Direct property owners to existing 1 Expanded community involvement in resources and incentive programs preservation Increased public awareness Increased community participation in Action 6.5: preservation initiatives Increase B.Send annual letter/card to property 2 Expanded community involvement in awareness owners in the HCDs reminding them preservation among property of the zoning overlay and informing Increased public awareness owners of historic them of the process for project Increased community participation in preservation development,review,and approval preservation initiatives programs and incentives C.Collaborate with organizations 4 Increased public awareness to provide new residents with Increased community participation in information about the city's history, preservation initiatives historic neighborhoods,and historic Expanded informational outreach resources A.Assist Housing and Neighborhood 2 Process improvement Preservation in the development of a Improved services to citizens Programmatic Agreement with DHR to expedite Section 106 review for Action 6.6: projects Partner internally B. Develop policy requiring 2 Established Administrative Directive to ensure consultation with City preservation Exploration of Section 106 Programmatic preservation of staff prior to and during the Agreement historic resources preparation of Environmental Reviews Coordination of historic resource survey efforts associated with and Section 106 compliance and with internal partners City initiatives and mitigation for all City projects projects C. Develop process to integrate FEMA 3 Process improvement enabled flood compliance exemption into repair grant and emergency stabilization projects Virginia Beach Historic Preservation Plan:Chapter 3 29 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 7: Invest in Educational Support and Opportunities for Internal and External Customers A. Per CLG requirements,provide 1 Satisfied annual compliance criteria annual training for HPC and HRB members B.Support staff,HPC,and HRB 1 Satisfied annual compliance criteria attendance to DHR's CLG training workshops Action 7.1: Fund C. Provide training for HRB members 1 Well-informed HRB members staff,HPC,and on the Historic&Cultural District HRB training Design Guidelines annually D.Support attendance by staff,HPC, 1 Well-informed HPC,HRB,and staff and HRB members to regional and national conferences that focus on historic preservation issues and topics E.Develop and implement new 1 Process improvement member orientation and training for Well-informed HPC and HRB members HPC and HRB A.Coordinate with DHR to present 2 Expanded community involvement in workshops on VLR and NRHP preservation nominations and the potential Increased public awareness associated financial incentives Increased community support of preservation initiatives B. Present to civic leagues and 2 Expanded community involvement in neighborhoods about the City's preservation Action preservation program and potential Increased public awareness Developp for listing in the VLR and NHRP(if Increased community support of preservation and produce appropriate) initiatives educational Increased interest and queries in state and workshops and federal designation materials for historic property C.Reestablish the historic property 3 Increased feedback from stakeholders owners and the owners'group or establish a similar Inclusion of underrepresented communities in general public forum to foster preservation local preservation dialogues education,collaboration,and pride Improved communication and connection with public Improved accessibility to HPC and Staff D. Partner with preservation 4 Increased public awareness organizations to host hands-on Increased community involvement in workshops that address specific preservation initiatives community needs and interests Increased public education in specific community needs and interests 30 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 8:Seek to continuously improve the administration of and funding for the historic preservation program Action 8.1: A.Use the Plan to inform preservation 1 Goals and priorities regularly updated Implement program goals and priorities Completion of additional survey projects the Virginia Completion of diverse historic designations Beach Historic Incorporation of historic preservation goals and Preservation Plan priorities into other City projects and initiatives Improved public awareness and education about preservation and the City's preservation program Action 8.2: A.Use economic impact study to 1 Investigation of evidence of economic benefits of Commission determine best sources of funding for historic resources an economic historic preservation initiatives Increased public knowledge about economic impact study of impact of historic resources historic resources Distribution of study results to educate elected and historic officials and the public preservation in Incorporation of study data into other planning Virginia Beach initiatives,especially tourism planning and disaster and hazard mitigation planning A.Seek amendments to preservation 1 Alignment with best practices ordinance and Comprehensive Plan as Action 8.3:Adopt appropriate and implement B.Educate HRB,HPC,City staff, 1 Well-informed Board members,Commissioners, Design Guidelines and the public about the Design Staff,and public for the City's Guidelines Established cross-training with other City Historic and departments Cultural Districts Improved review process for Certificates of Appropriateness Improved community knowledge of preservation program A.Conduct joint training with HPC 2 Alignment of goals and HRB to facilitate understanding Improved communication Action 8.4: of roles,duties,and responsibilities of Improved processes Review the roles each,as well as the greater goals and and purposes of objectives of the historic preservation the HPC and HRB Program and evaluate the B. Review and revise the HPC's 2 Improved process efficiency of the committee structure as needed Improved efficiency and focus on structure of each accomplishment of goals and objectives body C.Provide for regular planning 2 Alignment of goals retreats and training opportunities for the HPC and HRB Virginia Beach Historic Preservation Plan:Chapter 3 31 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 8:Seek to continuously improve the administration of and funding for the historic preservation program A.Seek funding through the City's 1 Expanded financial support of preservation budget process for specific projects program and initiatives B.Seek,promote,and advocate for 1 Increased public knowledge of diverse history funding of specific historical themes and historic resources and narratives,such as historic resources of BIPOC communities Action 8.5: Continue seek C.Leverage Section 106 review 2 Increased opportunities to complete program grant funds for and mitigation agreements to fund goals preservation applicable goals of the Plan Improved project coordination and partnering between various City departments program D.Explore use of alternative 3 Increased opportunities to complete program funding sources that can be used goals for a combination of City services Improved project coordination and partnering and initiatives,such as pre-disaster between various City departments mitigation grants E.Advocate for additional 3 Expanded financial and professional support of professional staff preservation program Increased capacity of preservation program 32 Virginia Beach Historic Preservation Plan:Chapter 3 .•i� •�'`'Rr � ..'i}�;.!':ti'� .. � ..yam.� WAA , HISTORIC RESOURCE DOCUMENTATION PLANNING & PRIORITIZATION SOL 77 AA it: �'•";w•.. THIS PAGE INTENTIONALLY LEFT BLANK 34 Virginia Beach Historic Preservation Plan:Chapter 4 ' •D • Over the next ten years, resources constructed as decision matrix, as well as a proposed survey and recently as 1980 will become the subject of historic documentation plan. The decision matrix provided resource surveys and some may become eligible in this document is a static example. However, the for listing in the Historic & Cultural Districts (HCD), Historic Preservation Commission(HPC)and staff will Virginia Beach Historical Register (VBHR), Virginia utilize a digital decision matrix that allows for side-by- Landmarks Register (VLR), National Register of side comparison of multiple potential preservation Historic Places (NRHP). In Virginia Beach, residences initiatives and documentation projects as a means constructed prior to 1980 make up more than 40 to select annual programs. The example survey and percent of the housing stock, totaling nearly 60,000 documentation plan provided in this chapter is based dwellings. This number does not include commercial upon HPC and Staff priorities, as well as findings and and other non-residential forms of construction during recommendations of the recent survey work (2018 & this period of exponential suburban growth. In order 2020) summarized below, current local, state, and to assist in prioritization of preservation initiatives, national priorities, and the public comments received and more specifically documentation of the vast as part of the development of the Virginia Beach number of historic resources, this chapter explores Historic Preservation Plan (HPP). various prioritization factors,and provides an example 4.2 RECENT SURVEY & DOCUMENTATION EFFORTS During the five years prior to adoption of this HPP, Historic Architectural Resource Survey Update, City the City of Virginia Beach completed city-wide of Virginia Beach, Virginia - Northern Half, 2018 architectural survey and archaeological assessment efforts that resulted in four studies that are named and In 2018,Cultural Resource Analysts, Inc.completed on described below.These documents provide the City behalf of the City of Virginia Beach a reconnaissance- with broad historic context, identify resources eligible level historic architectural resource survey for the and potentially eligible for the VLR and NRHP, and northern half of the city as an update to a survey provides recommendations for future work. The findings of each of these studies are summarized �.. below. ` :�► mil'-.— -• `.`l " ► ��,,kai •' All past and future survey and documentation efforts _ y undertaken by the HPC follow established State ' as! 1 and Federal guidelines including the Guidelines for Conducting Historic Resources Survey in Virginia and the Secretary of Interior's Standards for Identification. >: - �„ y �:.=•.r Figure 4.1 -4510 Holly Road was surveyed and recommended potentially eligible for the VLR and NRHP during the Historic Architectural Survey Update-Northern Half in 2018. Virginia Beach Historic Preservation Plan:Chapter 4 35 completed in the early 1990s. The survey area covered the portion of the city generally above the Green Line,which separates the northern and souther #~ ' portions of the City and developed in the 1980s to limit residential development in the southern half " - 1S of the city, thus preserving a substantial agricultural i area. The survey documented 49 neighborhoods and 100 individual resources located outside Figure 4.2 2641 Sandfiddler Road was surveyed during the of neighborhood boundaries, for a total of 283 Historic Architectural Survey Update-Southern Half completed in 2020. resources. Nine neighborhoods were recommended as potentially eligible for nomination to the VLR and • Chesapeake Beach Historic District PIF(completed NRHP as historic districts, 12 individual resources 2022) were recommended eligible or potentially eligible for • Newsome Farm Cemetery PIF (completed 2022) listing on the VLR and NRHP. Additionally, 15 were • Seatack Historic District NRN (anticipated recommended as potentially eligible for inclusion in completion 2023) a Multiple Property Document (MPD) form for VLR and NRHP consideration on themes including African }-IistoricArchitectural Resource Survey Update, City American Churches, automobile related services, of Virginia Beach, Virginia -Southern Half, 2020 historic commercial corridors such as the ViBe district, social halls (masonic temples and African American In 2020, on behalf of the City of Virginia Beach, lodges), multi-family housing and architecture related Cultural Resource Analysts, Inc. completed a second to the resort industry along Virginia Beach. reconnaissance-level historic architectural resource survey to document the southern half of the City.The Since completion of the 2018 survey,the City of Virginia survey area covered the portion of the City generally Beach has implemented a number of the consultant's below the Green Line, documenting 250 resources recommendations. These include completion of one and evaluating 17 communities for their potential to MPD,four National Register Nominations(NRN),and be listed as historic districts. The survey found seven two Preliminary Information Forms (PIF). At the time communities potentially eligible for the VLR and of adoption of this HPP,the City also had several other NRHP as historic districts,and 42 individual resources projects underway including one NRN, and one PIF. were recommended eligible or potentially eligible for These projects include: the VLR and NRHP. • Oceanfront Resort Motels MPD(completed 2020) Since completion of the 2020 survey, increased • Jefferson Manor Motel Apartments NRN documentation of resources in the southern half of the (completed 2021) city has become a priority for the HPC.At the time of • Cutty Sark Motel NRN (completed 2022) adoption of this plan,the HPC completed one PIF for • Blue Marlin Motel NRN (completed 2022) the Pleasant Ridge School. The survey plan, herein, • Woodhurst Historic District PIF (completed 2021) includes additional recommendations for targeted • L & J Gardens Historic District NRN (completed documentation initiatives in the southern half of the 2022) City. 36 Virginia Beach Historic Preservation Plan:Chapter 4 VIRGINIA BEACH ARCHITECTURAL SURVEY & ARCHAEOLOGICAL ASSESSMENT GEOGRAPHIC AREAS X {13I 5� Fl:stlandtng o State Park r N _4 sirta S y 5 e L. 4. 1. ra _ -oar• Atlantic Ocean t` yoFa cr,,rtie H°�s;,po„ n edS n 61c�tt p4'lia rp 61 S' c{e 'k �v rtrcg IF ax•' �e u CF Northwest R.—, ,,V r fate Natural Area C 4 Preserve B; Falee Cape Natural At. Pre�.enr: LEGEND ❑ Northern Half Historic&Cultural Districts Southern Half • National Register Listed Properties/Districts Both Figure 4.3 Virginia Beach Historic Preservation Plan:Chapter 4 37 Archaeological Assessment of the Northern Portion generally below the Green Line in February 2020.The of the City of Virginia Beach,Virginia,2018 survey area included 93 resources; however, 17 sites were not evaluated during the survey due to access In February 2018, an archaeological assessment was limitations. The assessment identified 37 sites with undertaken by Dovetail Cultural Resource Group to a high potential to contain intact cultural deposits, document the City's archaeological resources located where 39 were either partially or totally destroyed. generally above the Green Line in the northern half Among 21 newly recorded sites, seven were of the City. The survey area included 310 resources; recommended as potentially eligible for the NRHP however,93 were not evaluated during the survey due and six sites were recommended as not potentially to access limitations, and 19 were not re-evaluated eligible. since their data had been updated or recorded within the previous 5 years. In total, 57 sites were assessed as having a high potential to contain intact cultural deposits, and 146 sites were either partially or totally destroyed. Prior to the survey, seven sites within the study area had been recommended eligible for the National Register by the Virginia Department of Historic Resources (DHR), 34 as potentially eligible, 90 as not eligible, and 184 sites had not been = _ evaluated for eligibility. ► _► �. Archaeological Assessment of the Southern Portion of the City of Virginia Beach,Virginia.2020 Figure 4.4 Remains of Hunting Club on Big Cedar Island The second portion of the City's archaeological (44VB0032)was documented in the Archaeological Assessment assessment examined the southern half of the City of the Southern Portion of the City of Virginia Beach. The City of Virginia Beach has financially supported allocation and continued grant-seeking are highly numerous preservation projects throughout its recommended. history, especially since the establishment of the HPC in 2008. With the program's current annual It is estimated that the time required to complete the City budget allocation of approximately $90,000, objectives outlined in hapter 5 accounts for at least the HPC is able to fund several small projects, or 1 full-time employee in addition to active involvement a couple of larger projects. HPC staff have been by all other stakeholders. The objectives of successful in securing additional grant funding that , therefore, cannot be combined with the existing has multiplied the impact of the current budget duties and responsibilities of HPC staff. An analysis and increased the HPCs return on investment. In must be performed to determine the number of order to fund the community's vision for the historic additional full-time equivalent hours (FTEs) required preservation program,an increase in the HPC's annual to implement the Virginia Beach Historic Preservation 38 Virginia Beach Historic Preservation Plan:Chapter 4 Plan (HPP).Since this will be a recurring expenditure, implementation of the HPP will require an increase in funding for staff to support the Preservation Program. Therefore, the Planning Department ARCHAEOLOGICAL ASSESSMENT OF THE SOUTHERN PORTION OF THE CITV OF should evaluate current staffing levels, and request VIRGINIA BEACH, V7RGINIA additional funds from City Council for additional HPC staff. City Preservation Staff should collaborate Ar within the Planning Department and also with other City departments to maximize the impact of public funds by partnering on complementary initiatives, as identified in Chapter 3. ('onmMm,ealthofvirainia Ih•par�mry,t of Ilistorir Resources As mentioned, the HPC staff has been successful -•�•, L in securing and managing grant funding for special DOVETAIL projects. It is recommended that the HPC staff continue its grant seeking efforts to implement the objectives of the HPC as outlined in this HPP, as well as the recommendations of the 2018 and =­'00 2020 Architectural Surveys and Archaeological Assessments. The Decision Matrix in this chapter Figure 4.5 - The Archaeological Assessment of the Southern will assist with prioritization of annual projects. City portion of the City of Virginia Beach, Virginia was partially priorities can often be matched with funders seeking funded through DHR's Cost-Share Grant in 2020. to achieve complementary objectives. Specific grant program objectives change periodically,and HPC staff CoFt-Share Grant The Survey and Planning should continue to seek new grant opportunities and Cost Share Program assists local governments in funders. Below are several organizations that typically meeting their preservation planning goals through fund preservation projects, and information about identification of historic resources. DHR manages some of their long-standing grant programs,that may the administrative functions and manages provide important financial support to implement the selected projects, thereby decreasing the objectives of this plan. administrative burden on the recipient. DHR also selects qualified consultants to complete Cost- VIRGINIA DEPARTMENT OF HISTORIC RESOURCES Share-funded projects. The Cost-Share Program (DHR) typically requires a dollar-for-dollar match from the local government. The DHR funds several grant programs that focus on a wide range of activities. While two programs are Certified Local Government (CLG) Grant: described in detail below, the DHR also periodically The CLG Grant program is a benefit to those allocates funding for special grant programs that meet communities in the Commonwealth that are specific annual priorities of the Department. designated CLGs in good-standing with DHR and National Park Service (NPS). Ten percent of Virginia Beach Historic Preservation Plan:Chapter 4 39 visit the NPS website or Grants.gov. The programs Ertl F noted below are those that the City may be eligible ` F for and that might assist in implementation of the Preservation Plan. • Sm. MSave America's Treasures Grants(SAT): This grant M. id 0 program was established in 1998 to help preserve nationally significant historic properties and collectives that convey our nation's rich heritage ' to future generations.The SAT program is funded through the Historic Preservation Fund (HPF) �. using revenue from Outer Continental Shelf oil lease revenue, rather than tax dollars. The grant �\ funds preservation and rehabilitation (bricks-and- VIII mortar)of properties that are individually listed as fill I IIII a National Historic Landmark (NHL)or contribute DHR to a National Historic Landmark District, or are Figure 4.6-The City of Virginia Beach was awarded a CLG Grant individually listed in the NRHP for national level to develop standards and guidelines for its historic and cultural of significance or contribute to a nationally- districts to furnish the city's HRB with suitable guidance in significant historic district listed in the NRHP. project planning and review. The City of Virginia Beach received a 2004 SAT all federal Historic Preservation Funds (HPF) that grant for preservation work on the Thoroughgood come to the Commonwealth of Virginia must be House. While this means the Thoroughgood distributed to CLGs through the DHR. DHR meets House is no longer eligible for an SAT grant, other this requirement through this grant program, properties in Virginia Beach may be eligible for which is competitive and limited to CLGs. As a the SAT grant program. CLG community, Virginia Beach is one of the few localities in Virginia that is eligible to compete for Underrepresented Communities Grants (URC): these funds. The goal of this grant program is to diversify the NRHP. Projects should result in the survey, KIATIr"IWAI nAPV zFVVICE (NPS) inventory, and listing of historic properties associated with communities underrepresented Like DHR,the NPS offers a number of grant programs in the National Register. The City of Virginia that fund a range of project types from bricks- Beach was awarded URC funds for the survey and and-mortar preservation to planning, survey, and nomination of Seatack and L&J Gardens Historic educational programming. NPS grant programs are Districts in 2019. subject to annual funding allocations. Priorities, programs,and funding amounts may change overtime. African American Civil Rights Grants: This grant This plan outlines a few of the grant programs that program funds projects to document, interpret, NPS currently administers. For current opportunities and preserve sites and stories related to the 40 Virginia Beach Historic Preservation Plan:Chapter 4 the HPP. Most of the NTHP grant programs require membership in one of the Trust's programs. National Trust Preservation Funds (NTPF): The f'' • NTPF are intended to encourage preservation at the local level by supporting on-going preservation work and by providing seed money for preservation projects. These grants help Figure 4.7 - The nomination to the VLR and NRHP for L&J stimulate discussion, enable local groups to gain Gardens Historic District(pictured above)was funded by the the technical expertise needed for preservation NPS URC grant program. projects,and introduce the public to preservation African American struggle to gain equal rights as concepts and techniques. These grants are citizens. Grants fund a broad range of planning, typically for small projects and range from $2,500 development and research projects for historic to$5,000.There are multiple cycles per year, and sites including: survey, inventory,documentation, priorities may change annually. interpretation, education, architectural services, historic structure reports, preservation plans, and African American Cultural Heritage Action Fund: bricks-and-mortar repair. This grant program seeks to advance ongoing preservation activities for historic places such History of Equal Rights: This grant program funds as sites, museums, and landscapes representing a variety of project types focused on preservation African American cultural heritage. The fund of sites related to the struggle of all people to supports capital projects, organizational capacity achieve equal rights in America. The funds may building, project planning, and programming and be used to fund physical bricks-and-mortar interpretation. preservation work, as well as planning activities for sites listed in or determined eligible for listing The Cynthia Woods Mitchell Fund for Historic in the NRHP or as a NHL for its association with Interiors:This program, established in 1997, seeks equal rights. to assist with the preservation, restoration, and interpretation of historic interiors. Funds may be NATIONAL TRUST FOR HISTORIC PRESERVATION used toward planning and implementation of the (NTHP) project, including the bricks-and-mortar work. The NTHP offers a variety of grant programs that Johanna Favrot Fund for Historic Preservation: fund project types and range from small awards that This program aims to save historic environments serve as seed funding for special projects to larger in order to foster an appreciation of America's awards that fund project planning and execution. diverse cultural heritage and to preserve and Like other funders mentioned in this Chapter, the revitalize the livability of the nation's communities. NTHP periodically updates its program priorities.The The funds may be used toward a broad range of programs noted below are those that the City may be projects including planning, design services, and eligible for and that might assist in implementation of bricks-and-mortar work. Virginia Beach Historic Preservation Plan:Chapter 4 41 THE NATIONAL CENTER FOR PRESERVATION long-term solutions to reduce impact. The program is TECHNOLOGY AND TRAINING (NCPTT) specifically designed to: The NCPTT is a program of the National Park Service • reduce vulnerability of communities to disasters that helps preservationists find better tools, better and their affects, materials, and better approaches to conserving • promote individual and community resilience, buildings, landscapes, sites, and collections. It • decrease recovery and response needs in post- conducts research and testing in its own laboratories, disaster situations, and provides cutting edge training around the US, and • create safer communities less reliant on external supports research and training projects. NCPTT financial assistance. periodically has funding available for special projects, and eligible projects are typically focused on FEMA manages a number of programs that may innovative research that develops new technologies benefit the City's historic preservation program and to preserve cultural resources, specialized workshops assist with implementation of this Preservation Plan, or symposia that address national preservation needs, including: and development of training materials for practical preservation methods. For current information on this • Hazard Mitigation Grant Program (HMGP), grant program visit the NCPTT website,or Grants.gov. • Flood Mitigation Assistance Grant(FMA), • Pre-Disaster Mitigation Grant(PDM),and FEDERAL EMERGENCY MANAGEMENT AGENCY • Building Resilient Infrastructure and Communities (FEMA) (BRIC). FEMA Hazard Mitigation Assistance Grants provide funding for projects that reduce or eliminate long- term risk to people and property from future disasters. The grants are based on the principle that mitigation :I•. t�$ planning breaks the cycle of disaster damage, reconstruction, and repeated damage, and looks for Figure 4.8 - FEMA has multiple programs and grants to assist communities with pre-disaster and mitigation planning. This section provides tools for the HPC and City the potential usefulness of these factors in selecting staff to assist in prioritization of historic preservation annual projects and allocating City and grant funds. projects, which may range from historic resource The Decision Matrix is a tool for the HPC and City staff documentation efforts like VLR and NRHP to establish organized programmatic goals based on nominations or architectural surveys to bricks-and- the recommendations of the recent survey work and mortar rehabilitation projects. Each of the following their objectives as outlined in this HPP.The purpose of subsections discuss factors that contribute to the matrix is to help the City make funding decisions prioritization. At the end of this section, an example and targeted grant-seeking efforts for annual project Decision Matrix has been provided to demonstrate planning, which may include reconnaissance survey, 42 Virginia Beach Historic Preservation Plan:Chapter 4 research, historic highway markers, PIFs, NRNs, MPDs, factors have been included based on the public context studies, Hazard Mitigation Planning, historic engagement process and stakeholder comments structures reports, and other recommended forms of collected during development of the Virginia Beach documentation. HPP. The factors also take into account risks such as development pressure and flooding, as well as Among the factors are standard considerations for priorities of preservation partners such as the DHR, evaluating the potential eligibility of historic resources NTHP, Preservation Virginia,and the NIPS. for listing in the VLR and NRHP. Additionally, some Potential historic resources have been prioritized according to their location within the City of Virginia Beach, generally split between the Northern and ' Southern halves of the city. The results of the 2018 and 2020 architectural surveys informed the development of the Geographic Area Matrix Value in the Decision Matrix. Because the southern half of the city has significantly fewer recognized resources,the HPC has placed greater priority on projects that are Figure 4.9 Lovitt House was surveyed during the Historic Architectural Survey Update-Southern Half completed in 2020 in this area. and recommended potentially eligible for the VLR and NRHP. RESOURCES4.4.2 NEWLY SURVEYED Properties may be listed in the NRHP individually or and are often complex individual properties,academic as part of a multi-property historic district. Historic or institutional campuses, or industrial properties Districts allow for many more resources to be added that require survey and recording of a number of to the NRHP in a single effort, and therefore, usually resources that,together, make up a single property.A benefit a larger number of property owners. On the medium-sized district may include one neighborhood other hand, the level of effort and funding required or commercial area, for example, and generally has for a large historic district deserves consideration. between 100 and 300 resources. Large historic An appropriate balance between districts and districts may include large residential subdivisions and individual nominations over the duration of the neighborhoods, large and dense commercial districts, HPP is recommended in order to provide the as well as expansive rural properties that each consist maximum benefit to city residents while also offering of multiple resources. Large districts usually consist of opportunities for listing individual resources. more than 300 resources. The Matrix Value places a higher priority on larger districts,which would impact In order to assist with funding decisions, the matrix a greater number of city residents and result in a includes historic district size. A small district is greater increase in the number of surveyed resources. generally one that includes fewer than 100 resources, Virginia Beach Historic Preservation Plan:Chapter 4 43 4.4.3 RESOURCES ASSOCIATED WITH DHR & NPS PRIORITIES The DHR and NPS periodically establish priorities for documentation based on social, cultural, and academic trends, gaps in existing inventories and '- ° context documents, and threats to historic resources. This factor is broadly defined so that new and L , emerging trends in preservation and funding priorities may be added in the future, giving the HPC and City staff flexibility in its approach to documentation. Figure 4.10 - The Seatack neighborhood is one of the oldest Some current priorities among preservation African American neighborhoods in Virginia Beach. As an professionals and government agencies include: underrepresented resource in the NRHP,its nomination was a high priority to NPS. Underrepresented Resources: The NPS has identified a list of key themes, broken into two established as priority the diversification of periods: nominations to the NRHP. These are resources associated with racial and ethnic minority history, . 1946-1976:The Cold War(includes Korean and LGBTQ communities,the Civil Rights Movement, Vietnam Wars); Expanding Government Roles, and other communities that are not well- Economic Prosperity, Modern Architecture, documented within the NRHP. Civil Rights Movement, Social Upheaval The New Dominion Initiative: This initiative, . 1976-1991 : Movements for Social established by the DHR, focuses on Virginia's Justice and Equal Rights, Stagnation and recent past and architectural history from 1946- Deindustrialization/Digital Technology, Post- 1991. The initiative is intended to encourage Modern Architecture, End of the Cold War documentation and development of historic contexts that are associated with the immediate The HPC has prioritized documentation of aftermath of World War II through the end of underrepresented resources, and therefore, has the Cold War. In addition to the architectural separated this category in the Decision Matrix from movements associated with this period, DHR has other preservation priorities. When evaluating historic resources for their potential • location eligibility for the VLR and NRHP, it is critical to analyze • setting the resources using the following Seven Aspects of • design Integrity: . materials • workmanship • feeling • association 44 Virginia Beach Historic Preservation Plan:Chapter 4 This seemingly simple concept can be fairly complex to historic features may have a high degree of historic evaluate.The Seven Aspects of Integrity are tied to the integrity.The level of integrity plays an important role resource's areas and periods of historic significance, in deciding which resources to prioritize for VLR and rather than physical condition. For example,a building NRHP consideration. Reconnaissance-level survey in pristine physical condition, but which has lost a for historic districts and/or intensive-level survey for significant portion of its historic materials or design individual resources can help determine integrity and may not retain integrity; while a building in poor support prioritization of future work such as PIFs and physical condition, but which retains many of its VLR and NRHP nominations. RARITY While many historic resources represent common architectural types or are associated with historic contexts that are well-represented, survey work may also identify rare resource types, which are those that are few (either because many of them have been -�- lost, or few ever existed). It is important to consider intensive-level survey and documentation of rare extant resources, especially those threatened by development, natural disaster, or other risk factors. Rarity of resource type is often a route for listing AL `l historic resources in the VLR and NRHP that may have Al lost some degree of historic integrity or that does not ~ y have a well-documented history. r Properties that are considered to be rare in Virginia Figure 4.11-The de Witt Cottage is the last oceanfront cottage in Virginia Beach. Preserved as a museum and event center, it is a Beach were assigned a high Matrix Value. good example of a rare resource in the city. The Decision Matrix incorporates archaeological in a given geographic area. These results informed potential for resources, primarily based upon recent the Matrix Value assigned in the Decision Matrix. archaeological assessments undertaken in the Those areas with high concentrations for potential Northern and Southern halves of the city. Both surveys underground resources received higher values under resulted in probability mapping, which estimated Archaeological Potential. the number of potential archaeological resources Virginia Beach Historic Preservation Plan:Chapter 4 45 ♦ ♦ ♦ , Prior to the establishment of the HPC in 2008, there in place significantly reduces the cost of preparing an were no recognized NRHP residential districts in individual property nomination,the combined cost of Virginia Beach. Since 2017, the HPC has sponsored the MPD and individual nominations will likely offset one successful residential, commercial, and tax exemption and other financial benefits individual governmental historic district nomination and four property owners may receive from the recognition. successful residential historic district nominations. Neighborhood civic organizations are unlikely to In addition, non-profit organizations may own have treasuries that can cover the cost of nomination potentially eligible resources but would not have research and form development,let alone the required the financial resources to pursue a nomination. The resource survey preparation. Some neighborhoods historically African American Pleasant Ridge School, potentially eligible for listing may not even have a civic which is owned by a church, is a good example in organization. Virginia Beach. In the case of thematically connected resources that The consideration for hardship in the Decision Matrix are not adjacent or in geographical proximity to one recognizes that some historic resources will need another, it is unlikely that numerous property owners assistance from the HPC and grant sources to achieve would pool their funds to have a Multiple Property recognition and it provides some prioritization for Document (MPD) established as a method for them. achieving listing in the NRHP.Although having an MPD • DEVELOPMENT Development and/or re-development pressures pose a significant threat to historic resources of every 119 type and represent one of the most contentious situations faced by supporters of historic preservation. 7. '- 'v Properties that are vacant, neglected, or in otherwise poor condition also face demolition risks. Given the " a a " m short time-frame of development projects and level ' of effort necessary to challenge demolition orders, historic resources caught in these situations often must become an immediate priority or be permanently lost. Figure 4.12-The loss of historic fabric forever alters the character of a community and should be done only after thoughtful consideration of alternatives. 46 Virginia Beach Historic Preservation Plan:Chapter 4 • • FLOOD RISK While floods have always been a threat for properties of multiple sources of inundation as well as other in certain areas of the country, the risk for tidal and hazards to historic resources.This site offers a present storm related flooding has increased dramatically and future flood risk for properties and the primary in recent years. Buildings and other resources building on each parcel.The decision matrix considers constructed decades, or even centuries ago were Risk Factor ratings in its prioritization. (Note: Since frequently built near to water for economic or social the HPP was originally drafted, Flood Factor has re- reasons. A critical first step for the City is to identify branded to Risk Factor, and is still in beta stages as of and survey resources that are at high-risk for flooding publication. The platform now offers more limited before they are beyond repair or completely lost. information about individual property risk without a Furthermore, historic resources located in high-risk paid subscription.Subscription options were released flood areas must be considered a high priority for in November2022 and require significant investment; documentation and potential listing in the NRHP. lower cost alternative platforms should be explored.) Listing in the NRHP provides property owners with the potential for greater flexibility in the face of natural disaster and flood-risk mitigation. Listed properties are given priority for disaster relief funds following a major storm event. Further, designation as an historic property in a local, state, or National inventory allows historic properties to qualify for exemption from FEMA mitigation requirements. Property owners are r able to propose more appropriate retrofit alternatives to mitigate the impact of recurrent flooding and sea level rise. A new method found to be effective for initial flood ? .F f 4 '' E risk assessment for buildings is i ishtac_Wf.cvrri; this is useful as a supplement to the mapping in Sea Level Wise as it takes into account future projections Figure 4.13-Sunny day flooding at Horn Point Club in2019. Virginia Beach Historic Preservation Plan:Chapter 4 47 4.4.10 SAMPLE DECISION MATRIX Potential NRHP PIF/ Geographic Newly Underrepresented Priority Themes Integrity of Nomination Projects Area Surveyed Communities Resource Type Resources Matrix Value Northern(1) 1-100(1) Ethnic/LGBTQ(3) Civil Rights(1) Low(1) Southern(2) 101-300(2) New Dominion(1) Good(2) Both(2) 301+(3) Good to High(2.5) High(3) African American 2 1 3 1 2 Churches MPD Aragona Village 1 3 - 1 2 Historic District Back Bay Historic 2 1 - - 2.5 District Charity Historic 2 1 - - 2.5 District Creeds Historic 2 1 - - 2.5 District Creeds School 2 1 - - 2.5 Historic District Doyletown Historic 1 1 3 - 2 District Eureka Park Historic 1 1 - 1 2.5 District Laurel Manor Historic 1 2 1 2 District Munden Point 2 1 - - 2 Historic District Pleasant Ridge 2 1 - 2 Historic District Pungo Historic District 2 1 - 2 Queen City Historic 1 1 3 - 2 District Thoroughgood 1 3 1 2.5 Historic District "These resources were initially surveyed during the Northern and Southern Survey during 2018 and 2020. "`Numbers demonstrate prevailing flood range within the district.These numbers are found on the riskfactor.com website as of September 2022. 48 Virginia Beach Historic Preservation Plan:Chapter 4 Rarity of Resource Archaeological Hardship Development Flood Risk** Total Value Potential Threat Low(1) Unknown(1) Non-Profit(1) Low(1) 1-4(l) Medium(2) Medium(2) MPD(2) Moderate(2) 5-7(2) High(3) High(3) District(3) High(3) 8-10(3) 1 1 2 1 1 15 1 1 3 2 1 15 2 2 3 1 3 16.5 2 2 3 1 1 14.5 2 2 3 2 1 15.5 2 2 3 2 1 15.5 3 1 3 1 1 16 1 1 3 2 1 13.5 2 1 3 1 1 14 2 2 3 1 2 15 2 2 3 1 1 14 2 2 3 2 1 15 3 1 3 2 2 18 1 1 3 1 1 14.5 Figure 4.14 Virginia Beach Historic Preservation Plan:Chapter 4 49 4.5 SAMPLE SURVEY & DOCUMENTATION The example survey and documentation plan on the threat risks, and concerns and interests of the public next page provides a framework for implementing as identified through the public engagement for the recommendations of the recent survey work and this HPP. For example, flood risk and vulnerability to the objectives of this HPP.This work will primarily be disaster should rank highly among survey projects. performed through professional survey; however, it Representatives of the NTHP and the DHR have may also include preparation of PIFs, VLR and NRHP stated that survey and documentation are key to nominations, State Historical Highway Markers, and disaster planning, since it is impossible to implement Historic Context Documents. preservation policies that support at-risk properties without knowing they exist and where they are In order to maximize the City's professional and located. Areas where significant redevelopment financial resources,larger context studies and planning pressures exist or are anticipated should rank highly documents should be prioritized during the first few for reconnaissance survey. Reconnaissance survey years of the HPP implementation. The findings of projects should also follow the recommendations of these larger historic context documents and planning larger historic resource context studies, such as Post- tools will fine-tune the selection of future work and World War II suburbanization in the city. It is critical smaller-scale projects. Using the recommendations of to continue public and stakeholder engagement the recent comprehensive surveys and assessments, annually to ensure that projects align with current context documents, and tools such as the Decision priorities and address imminent threats. Matrix, projects such as PIFs, VLR and NRHP nominations,and updates to existing nominations can be prioritized accordingly. Perhaps most important when considering VLR and NRHP nominations will be stakeholder and property owner engagement. KV Without their approval, nominations for individual YHE N111 ' Y listing and/or historic districts may not be successful. ^--�E� �.... ' Furthermore, preservation best practices encouraget? prioritization of projects based on demonstrated _' �': �� public support. ml f, Prioritization of reconnaissance survey should look to the contextual and historical development patterns, '-5 s - . Figure 4.15 A recent dedication ceremony of a historical highway marker recognizing and celebrating Filipinos in the U.S. Navy. 50 Virginia Beach Historic Preservation Plan:Chapter 4 SAMPLE SURVEY & DOCUMENTATION PLAN P-11*, Newsome Farm Cemetery NRN Chesapeake Beach Historic District NRN Pleasant Ridge School NRN Gun & Hunt Clubs MPD (Pocahontas Hunt Club) PIF YEARS 1-2 Resort Motel (Beach Carousel) PIF Initiate Development of Recurrent Flooding & Sea Level Rise Mitigation Plan for Cultural Resources Initiate Development of Historic Context for Post WWII Suburbanization Archaeological Assessment of one property • Gun & Hunt Clubs MPD (Pocahontas Hunt Club) NRN • Resort Motel (Beach Carousel) NRN Queen City Historic District PIF Back Bay Historic District PIF YEARS 3-4 Complete Development of Recurrent Flooding&Sea Level Rise Mitigation Plan for Cultural Resources Complete Development of Historic Context for Post WWII Suburbanization Archaeological Assessment of one former gun club property • Update an early NRHP nomination Queen City Historic District NRN Back Bay Historic District NRN Doyletown Historic District PIF (or African American Churches MPD - PIF) Creeds Historic District PIF YEARS 5-6 Drum Point Hunt Club PIF Intensive survey of high risk flood areas(based on recommendations of Cultural Resource Hazard Mitigation Plan) Update of Survey and Documentation Plan based on Historic Context and Recurrent Flooding & Sea Level Rise Mitigation Plan recommendations Archaeological Assessment of one property(possibly marine archaeology) • Doyletown Historic District NRN (or African American Churches MPD - NRN) • Creeds Historic District NRN • Drum Point Hunt Club NRN YEARS 7-8 • Resort Motel PIF • Survey of Aragona Village Historic District (utilizing Block Grant funds) • Archaeological Assessment of one property • Update an early NRHP nomination Resort Motel NRN Pungo Historic District PIF YEARS 9-10 Horn Point Hunt Club PIF Archaeological Assessment of one property Nil Update an early NRHP nomination Figure 4.16 Virginia Beach Historic Preservation Plan:Chapter 4 51 4.6 UPDATING EARLY NOMINATIONS TO THE VIRGINIA LANDMARKS REGISTER & NATIONAL REGISTER OF HISTORIC PLACES Nominations that were prepared during the early years of the National Register program (1966-1970s) required much less documentation, research, and contextualization of resources. The primary goal of the earliest VLR and NRHP nominations was to simply identify and minimally document the nation's oldest and most architecturally significant buildings. . Therefore, many of these nominations lack basic information such as Periods and Areas of Significance, s as well as proper contextual ization of the history of these resources. Many of these older nominations Figure 4.17 - The Adam Thoroughgood House was originally should be updated using current forms, standards, listed in the NRHP in 1966,the VLR in 1969,and a recent update and research. was completed in 2008.As of 2022,this is the only nomination in Virginia Beach that has been updated. Many nominations prepared during the 1980s • 1960s - 2 NRHP nominations and 1990s may also benefit from additional • 1970s - 8 NRHP nominations documentation. Often these nominations, especially • 1980s - 1 NRHP nomination for historic districts, arbitrarily cut off the Period of • 1990s - 2 NRHP nominations Significance at the "50-year-rule," which ended 50 • 2000s - 8 NRHP nominations years prior to the authoring of the nomination and is • 2010s - 6 NRHP nominations the general threshold for determining if a resource • 2020s - 5 NRHP nominations is considered historic. Many times, nomination authors were explicit with this reasoning, and other Another important consideration for making updates times it is clearly implied. This resulted in many Non- to existing VLR and NRHP nominations is the contributing primary or secondary resources that may potential to bring to light new information about a now be Contributing based upon additional research historic property, such as twentieth century history, and justification of an expanded period of significance details about African-American or other minority and/or additional areas of significance. The following history that was not initially documented, and other list of NRHP nominations in Virginia Beach by decade discoveries resulting from research or scientific illustrates that approximately half of the existing processes. Development of a separate decision matrix nominations predate current requirements and may for updating existing NRHP nominations may assist in be candidates for additional documentation: prioritizing these projects. 52 Virginia Beach Historic Preservation Plan:Chapter 4 n Kx '�t'.'i �.aw.w.0+i. .t f `•�j• �+. - i� h �f ��� , j���°�i���w � �.'" jr'.. .. ..Dv.., a.,. yl ..• rt'� :5 e4� .Y.+ tip '...°+. }' '1� - ' •�i+' u�`..r �.' aJ s _ 1- aa. .Ty�. 44 !P i. AL � :y �� A %� �,��i-• i� .i-. 't`tl:,� � ti6 _ � +vim '��'it � • s Mv, �. '�a 'e ,r� h- ����"yeJ 1 !Y}, .'r 4' ` iRl '�'Si 1r�• �•,'t��.J „J 9.1: i�'; ! F� t t' �':a c�,.^ {�,�a � .. _ � ,� >..�•^�..� �,. ' � � it-�� � ,f • 4 � �., 1 A i. THIS PAGE INTENTIONALLY LEFT BLANK 54 Virginia Beach Historic Preservation Plan:Chapter 5 5.1 ' • D • The origins of historic preservation in the United in 1889. While the preservation movement of the States date to the mid-nineteenth century, when nineteenth and early to mid-twentieth century were the Mount Vernon Ladies Association formed to primarily concerned with the preservation of colonial save George Washington's house and estate on houses and large estates, the field has evolved to the Potomac River in Alexandria, Virginia. Virginia meet the challenges of each generation.This chapter is also home to the nation's first statewide historic explores the history of historic preservation in Virginia preservation organization, Preservation Virginia, Beach, and the current trends and challenges in (originally the Association for the Preservation of historic preservation broadly and locally. Virginia Antiquities, or APVA) which was founded IN W- 1 Historic Preservation efforts in Virginia Beach began Thoroughgood House Foundation. The Foundation in the early twentieth century. Grace Keeler owned completed a rehabilitation project in 1957 to coincide the Thoroughgood House and she engaged the with the 350th anniversary of Jamestown. The services of Charles Over Cornelius, a curator from property was eventually given to the City of Norfolk. the Metropolitan Museum of Art in New York, to advise her restoration efforts. William W. Oliver, Sr. On a community-wide scale, the Princess Anne purchased the Lynnhaven House in 1923. Although County Historical Society was chartered in February he used it as a tenant house on his farm, he refrained 1961 and Rear Admiral Leon Manees served as their from making wholesale changes to the building and first president. The Princess Anne County Historical kept the original building fabric intact. The APVA Society has also been involved in restoring and (now Preservation Virginia) took on the ownership preserving Pembroke Manor and Upper Wolfsnare, of the Cape Henry Lighthouse in 1930 as a major preservation project. Well-known photo-journalist Frances Benjamin Johnston did extensive architectural survey photography in Virginia in the 1930s and took a number of photographs of buildings in Princess Anne County that are now held in the Library of Congress. ,. Local couple Sadie Scott Kellam and Vernon Hope Kellam did their own survey and published Old Houses in Princess Anne Virginia in 1931. When the property around the Thoroughgood House was sold for development in the mid-1950s, there were concerns about the fate of the historic Figure 5.1 Crowd gathered for an event at the Adam Thoroughgood House, no date. This was taken before the building. Local philanthropist Henry Clay Hofheimer, restoration and presumably during Grace Keeler's ownership Jr. stepped forward and created the Adam period.(Courtesy of the Library of Virginia) Virginia Beach Historic Preservation Plan:Chapter 5 55 which are both now Virginia Beach Historic and VIRGINIA BEACH'S HISTORIC Cultural Districts(HCDs).The Historical Society added Virginia Beach to its name on its 25th anniversary in PRESERVATION PROGRAMS 1986,and is now known as the Princess Anne County/ Virginia Beach Historical Society. Historic Preservation Commission (HPC): The HPC,established in 2008,is primarily responsible for historic preservation advocacy and education. In February 1963, the Virginia Beach City Council They oversee the administration of this appointed an eleven-person Historical Commission Preservation Plan, the Research Grant Program, to study and report on buildings and structures of the Local Virginia Beach Historical Register, and architectural or historical significance to require most of the initiatives of the CLG program. preservation or restoration; places of significance Historical Review Board (HRB): The HRB, requiring marking and recordation; methods for established in 1974, serves as the regulatory arm preserving items of historical interest; and, methods of the historic preservation program. Its members for bringing the history of Princess Anne County and review proposed changes to properties located in the City's Historic and Cultural Districts, and Virginia Beach to the school children and citizens. issues COAs. Among the Historical Commission's recommendations was the establishment of a permanent Virginia Virginia Beach Historic and Cultural Districts (HCD): The HCD program was established in Beach Historical Commission for the "purpose of 1969 to preserve and protect significant historic the preservation and restoration of such buildings, and cultural areas in the city. There are currently structures or other items in the City of Virginia Beach 16 HCDs that are overseen by the HRB. as, in the opinion of the Commission shall have Virginia Beach Historical Register(VBHR): The architectural and historical significance and which VBHR was established in 1999 to recognize should be preserved for the benefit of the people buildings, structures, and sites of historical and cultural significance to the city. The program of the City and the State." Their recommendation is honorific, carries no regulatory restrictions, included giving the Historical Commission the and allows property owners to seek local tax power of review and approval for plans for repair, exemption for rehabilitation. rehabilitation, and restoration of those properties Virginia Beach Research Grant Program: The they deemed historically significant. They also Research Grant Program, established in 2016, recommended the establishment of a charitable provides funding to encourage scholarship about foundation to support the work of the Historical Persons, places, and events, significant to the history of Virginia Beach. The program typically Commission. results in a final context report, historical marker, or interpretive signage. After several years, the Virginia Beach City Council established the first local historic district zoning There are currently sixteen (16) Historic and Cultural overlay in 1969. It included the 1822 Princess Anne Districts in Virginia Beach. County Courthouse and the developing Virginia Beach Municipal Center. In 1974 the City Council revisited The City of Virginia Beach became more actively their efforts to establish a working Historical Review involved in historic preservation when it began Board (HRB) and designated seven additional HCDs. acquiring historic properties. Since the mid-1970s The HRB was assigned to the Planning Department. the city has acquired the following historic properties: 56 Virginia Beach Historic Preservation Plan:Chapter 5 • Francis Land House (1975), • Seatack Life Saving Station/U.S. Coast Guard Station (1979), • Whitehurst Buffington House (1987), ' • deWitt Cottage (1995), • Ferry Plantation House (1996), • Thoroughgood House (2003), and •.. . r � .nH�u T • Lynnhaven House (2008). An effort to survey historic resources in the City was initiated in 1988 in the Office of Research J' and Strategic Analysis. Although a printed report was produced in 1990, the survey had not been Figure 5.2-Seatack Life Saving Station/U.S.Coast Guard Station. performed to state standards. The Planning Department subsequently applied for cost share funds About that same time, the Virginia Beach Historic from the Virginia Department of Historic Resources Preservation Partnership,an initiative championed by (DHR). Through that funding source, the Planning Historical Society President Glenda Knowles, sought Department produced surveys and inventories of to establish a revolving fund organization to preserve historic architectural resources for the northern half of historic buildings in Virginia Beach. The partners the City in 1992 (Frazier) and the southern half of the included the Historical Society, the City, and the City in 1993 (Traceries) that met professional survey Hampton Roads REALTORS®Association.Although standards. the revolving fund never developed,the Preservation Partnership published 50 Most Historically Significant In 1991, the City of Virginia Beach Department Houses and Structures in Virginia Beach in 2008.This of Museums & Cultural Arts was established and pictorial booklet was very popular and demonstrated included the Virginia Marine Science Museum, the a strong public interest in historic buildings in the City. Francis Land House, and the Arts and Humanities Commission. Department Director C. Mac Rawls In 2006, the Virginia Beach City Council appointed recognized the need for stronger advocacy for historic a Historic Sites Organizing Committee (HSOC) to preservation by a City department and looked to review the governance structure of the City-owned incorporate that role into Museums and Cultural Arts. and operated historic properties and provide Under his direction, the City again utilized the state guidance on creating a board or foundation. The cost share program to help fund the development Council's resolution also requested the committee to of a Historic Resource Management Plan (HRMP) assist and advise the City in its historic preservation in 1994. This was the City's first Preservation Plan efforts.On March 25,2008 the HSOC recommended for its historic preservation program. In 1999, City to City Council that a HPC be established with Council established the Virginia Beach Historical appropriate funding and staffing. They stated that Register to recognize properties that are historically the long-term funding goal should be $1 per capita or architecturally significant. for the program. Virginia Beach Historic Preservation Plan:Chapter 5 57 The Virginia Beach HPC was established by City & Community Development to manage the City's Council on April 22, 2008. The Commission consists historic preservation program and to serve as its CLG of 15 members appointed by Council and two coordinator.The position provides staff support to the Council-appointed non-voting student members from HPC and supervises the HRB staff. local high schools. C. Mac Rawls was appointed as the initial Chair for the Commission.The Commission Among the City's most recent notable advises City Council and City departments on all accomplishments, and a little over a decade after issues related to the preservation of historic buildings, their establishment, the HPC was recognized by structures,and sites in Virginia Beach.Their mission is Preservation Virginia. The statewide preservation to preserve, protect and maintain the historic identity non-profit organization awarded the Commission its of Virginia Beach through advocacy, public awareness, Katherine Glaize Rockwood Award for Outstanding and involvement. Community Preservation in 2020. The City of Virginia Beach became the 35th locality in Virginia to be designated as a Certified Local Government (CLG) by the National Park Service (NPS) in 2016. The CLG designation recognized Virginia Beach as having the key elements in place for 'j 1 a sound local preservation program.The requirements for the new CLG included updating architectural surveys and performing archaeological assessments. For both initiatives, the northern half of the City was completed in 2018 and the southern half in 2020. _ A In 2017, a full-time historic preservation planner Figure 5.3-The Virginia Beach Courthouse Village&Municipal position was funded in the Department of Planning Center Historic District is one of sixteen HCDs in Virginia Beach. WW r n ®_. _ This Virginia Beach Historic Preservation Plan (HPP) is Prior to the development of this HPP, the authors an update to the HRMP(prepared by PMA Consulting and City staff reviewed the 1994 HRMP in order Services in association with E.H.Traceries and Edward to understand past goals and objectives, as well as Otter), which was adopted in 1994. The HRMP accomplishments to date. This review helped inform established a framework for how best to manage the guiding principles and recommendations in this plan, City's historic resources while balancing other City particularly stronger integration of preservation priorities. Five primary objectives were identified in practices with economic development initiatives and the HRMP. The HRMP also identified key strategies tourism initiatives. A summary of accomplishments of and specific actions to support each of the plan's main the HRMP follow here: objectives. 58 Virginia Beach Historic Preservation Plan:Chapter 5 1994 HRMP FIVE OBJECTIVES & ACCOMPLISHMENTS Objective 1.To utilize special opportunities where historic resource preservation can assist to enhance tourism,economic development&other important goals of the City. Accomplishments: — Provided incentives for preservation and restoration — Acquired Thoroughgood (2003) and Lynnhaven (2008) Houses — Hosted 400th Anniversary events (2007) s - including Magna Carta Exhibit and Boardwalk - a History Festival — Presented several Holiday Historic Homes Tours — Provided shuttle buses to Preservation Virginia to address access challenges to Cape Henry Figure 5.4 - Briarwood received an automatic partial tax Lighthouse and the Cape Henry historic site exemption for individual listing on the Virginia Landmarks Register(VLR) Objective 2.To initiate a program that recognizes significant historic resources and establishes a sense of public awareness and pride in how these resources relate to the history of the City and the region. Accomplishments: — Commissioned Northern (2018) and Southern (2020) architectural surveys — Commissioned Northern (2018) and Southern (2020) archaeological assessments IIII i ,c , U! — Added significantly to entries in the Virginia Cultural Resource Information System (VCRIS) -- - Initiated development of thematic nominations to the National Register of Historic Places Figure 5.5 Thematic nominations to the NRHP were — Successfully prepared a National Register of prepared,like the Oceanfront Resort Motels& Hotels(1955- Historic Places (NRHP) Multiple Property 1970)that included Jefferson Manor Apartments Documentation of the Oceanfront Resort Motels & Hotels(1955-1970) — Established the VBHR (1999) and recognized — Successfully prepared a NRHP Historic District over 75 historic properties with certificates and nomination for the L&J Gardens Neighborhood plaques — Achieved listing of historic districts in the NRHP — Financially supported installation of numerous including Oceana Neighborhood, Courthouse state historical highway markers Village and Municipal Center, and Cavalier Shores Virginia Beach Historic Preservation Plan:Chapter 5 59 Objective 3.To enhance and more fully develop a long-term historic resource management plan. Accomplishments: - Adopted partial tax abatement for rehabilitation - HPC established (2008) by City Council of VBHR properties - Certified Local Government(CLG)designation - Designated additional HCDs (2016) from National Park Service - Continued documentation of historic resources - Led the effort to establish enabling legislation by Virginia General Assembly for tax abatement for individual listed VLR properties Objective 4. To seek funding and financing resources to support the continual development and management of historic resources. Accomplishments: ' �. Awarded NPS grant funding (FY19) for _ survey and nomination to NRHP of two uIR�4; Underrepresented Communities - Seatack and • - F L&J Gardens Participated in DHR cost share funding to assess archaeological resources - Received several federal transportation S. enhancement grants through the Virginia • Department of Transportation (VDOT) to accomplish Cape Henry Lighthouse stabilization Figure 5.6 - Back Bay's Farmhouse Brewing Co. integrated a - Utilized CLG funding to develop Design historic resource into new development Guidelines for Historic and Cultural Districts Objective 5. Involve the community in defining and managing historic resources. Accomplishments: - Established committee of high school students *' to assist with raising awareness of historic a4 / preservation in the schools ,^ A - Involved students in development of historic building /site entries in the Clio App - Initiated activities for Historic Preservation Month to enhance awareness of historic preservation - Engaged younger and more diverse adult audiences through initiatives like Pints for Preservation — Planned and held regularly scheduled public Figure 5.7-Student Leaders Committee advocating for enhanced preservation policies with state representatives meetings to inform citizens and get input 60 Virginia Beach Historic Preservation Plan:Chapter 5 This HPP addresses existing trends, challenges, and opportunities for historic preservation in Virginia Beach. The areas described below are specific to Virginia Beach but are also an indication oflk + , larger regional, state-wide, and national trends ini� ' preservation. The objectives and actions outlined _' in Chapter 3 address and provide strategies for overcoming these challenges and taking advantage Figure 5.8-The demolition of historic cottages in the North End of new and established opportunities for advancing is a recent trend as property values often make preservation less preservation. attractive to property owners without public policy to balance costs and promote the community benefit. Based on U.S. Census estimates, in 2019 Virginia Figure 5.9 -Virginia Beach Population:Age Beach had a population of 449,974, making it the most populous city in the Commonwealth of Virginia. Virginia Beach has a relatively young community, met with a majority of the city's residents under the age of 55 (73%), with the largest single age bracket between the ages of 20 to 34 (23%). Although the majority of Virginia Beach's housing stock is owner occupied (62%), the city has a high percentage of renter occupied properties (33%). The educational achievement of Virginia Beach's population is above the national average and is likely a contributing factor 12%9&under I♦14%35 to 44 8%65 to 74 to the city's above average household income. The 12%10 to 19 13%45 to 54 T4%75 to 84 majority of the city's population identifies as white 23%20 to 34 13% 55 to 64 1%85&older (64.9%), while racial and ethnic minorities comprise o Statistical Area, otherwise known as Hampton approximately 44/0 of the population. The largest Roads, has the largest active-duty military population of these minority populations is African American o in the United States and is home to nine major (19.6/0), followed by Hispanic or Latino of any race militaryinstallations from all branches of the U.S. (8.8%)(Figure 5.11). It should be noted that the these statistics add up to greater than 100 percent since the Armed Forces. Out of the nine military installations numbers include ethnicity, which may apply to any in Hampton Roads, three military installations are located in Virginia Beach and encompass a total of race. 9,861 acres. These installations include: Naval Air The military community makes up a significant Station Oceana,Joint Expeditionary Base Little Creek - Fort Story(JEBLCFS),and Naval Air Station Oceana portion of the population of Virginia Beach and the surrounding area. The Virginia Beach Metropolitan Dam Neck Annex. Virginia Beach Historic Preservation Plan:Chapter 5 61 According to the Virginia Beach Economic Figure 5.10 -Virginia Beach Population: Development Office, approximately 91,380 active- Housing Type duty military were stationed in Hampton Roads in 2020. This high number of active-duty military not only contributes to the city's young average age, _ but it also results in regular residential turnover. This turnover can present challenges in terms of developing deep community roots; however, it also provides the opportunity to continually engage new members of the community about Virginia Beach's historic and _ cultural resources. Additionally, an average of 14,000 active-duty military personnel leave military service 62% Owner =33% Renter M 5%Available/ annually in Hampton Roads and frequently choose to Occupied Occupied Vacant remain in the area. Approximately 196,519 veterans resided in Hampton Roads in 2020. Because historic Figure 5.11 -Virginia Beach Population: and cultural resources are often considered important Race/Ethnicity" community assets,historic preservation initiatives may provide additional incentive for veterans to stay in the Virginia Beach community upon retirement. The public opinion survey conducted in conjunction with the development of the HPP provided a snapshot of the demographics of those engaged with historic preservation in Virginia Beach.The majority of survey participants who offered demographic information identified as female (67%) and white (79%). There was a relatively even distribution of participants ages 64.9%White M 0.4%American Indian or 19.6%African-American Alaska Native 20 to 75, however, noticeably fewer residents under -8 8% Hispanic/Latino(of 5%Two or more races the age of 20 participated (or offered demographic any race) 2.5% Other information). The City's historic preservation 7.7%Asian/Pacific Islander program should increase efforts to better engage this 'Percentages include race and ethnicity. Data was found at the Virginia baaci, economic DevefuNire. website. younger demographic, which in contrast to survey participation, makes up a larger percentage of the goals outlined in the Guiding Principles,it is important total population. for the HPP to address this gap in participation and Although the overall population of Virginia Beach is provide strategies for increasing the diversity among also largely female (51%) and white (65%), there is those who are active and engaged with the City's a noticeable gap in participation among persons of historic preservation program. This gap should be racial and ethnic minorities (21/o o ) compared to the highlighted as an opportunity to engage new groups overall population (44/0 o ). In order to achieve the and encourage participation in preservation activities and visitation to historic sites. 62 Virginia Beach Historic Preservation Plan:Chapter 5 DEVELOPMENT5.4.2 HISTORY OF GROWTH IN VIRGINIA BEACH & OVERVIEW OF CURRENT PRESSURES From the early-to-mid seventeenth century until the early twentieth century, Princess Anne County • remained rural, and almost entirely an agrarian economy. The population was sparse and focused on waterways for transportation of goods. Roads - '�" • were rudimentary and few in number. In 1823, the r.,BBO courthouse and county seat moved to its current 5� location,which was central in the nineteenth century, µ�but far from densely developed areas by the twentieth century. Figure 5.12-Munden's Grocery has stood at the crossroads of the Pungo area of Virginia Beach since 1908 and is a good example of an endangered historic resource. Truck farming brought a significant expansion of agricultural production from the late nineteenth Virginia at that time, when areas of counties which century until well into the twentieth century; by bordered a city became developed the city could 1900 approximately 75 percent of land cleared in the annex that part of the county to support its urban Tidewater region was used for truck farming. growth and expansion.On January 1,1959,the City of Norfolk annexed thirteen and one-half square miles, After World War I, the resort town of Virginia Beach and 38,000 residents, of Princess Anne County as began to rapidly expand and this,combined with other part of this "orderly growth" concept for cities. The factors such as the growth of the Naval Air Station, 1959 annexation began a long, organized campaign permanently changed the character, development by leaders in both Virginia Beach and Princess Anne patterns, and population density of the northern half County to resist further expansion by the City of of the county versus the south. Development through Norfolk. This resistance was led by prominent local the twentieth century and to the present day have politician Sidney S. Kellam. continued these trends. In September 1961,Princess Anne County and the City The number of farms fell more than 50 percent from of Virginia Beach made a surprise joint-announcement 1900 to 1958, while the northern half of the county regarding a goal to merge the two jurisdictions and saw substantial new development with the arrival thus block further expansions by the City of Norfolk. of the Little Creek Amphibious Base, the Fleet Air On November 10, 1961 the Princess Anne Board Defense Training Center at Dam Neck, and the Naval of Supervisors and the Virginia Beach City Council Air Station at Oceana as a result of World War II. unanimously approved a merger agreement. Kellam and the other leaders rapidly organized a public Another driving force behind the growth of Virginia referendum for January 4, 1962 before the start Beach and, specifically, the merger between the of the next General Assembly session. The merger City and Princess Anne County was the continued referendum passed overwhelmingly and by February expansion of the City of Norfolk. Traditionally in 28, 1962 the General Assembly had approved the Virginia Beach Historic Preservation Plan:Chapter 5 63 merger creating the new City of Virginia Beach. The Princess Anne County Courthouse complex was chosen as the new city hall and seat of government. V-TNT i ram^:Fairer Growth for the City of Virginia Beach followed t rapidly. At the time of the merger on January 1, 1963, 4ZA SLI the new city had a population of 111,400. Virginia yP-4 We ��cs' - Beach became the most populous city in Virginia - in 1982 and by 1988, twenty-five years after the Figure 5.13 - A c. 1960 house at Sandfiddler Road along the merger, had a total population of 360,000. Several oceanfront in the Sandbridge area of the southern half of Virginia times during that period Virginia Beach was ranked Beach as the fastest growing city in the United States. With this growth in population came an explosion decades, this project gave the city the "downtown" in housing and commercial development, marked it never had. Town Center is located close to the by tens of thousands of housing starts per year in midpoint between the oceanfront and downtown the 1970s and 1980s. Numerous developments, Norfolk,just off of Interstate 264. Incorporating Class many involving hundreds of homes, sprang up across A office space, retail, restaurants, and high-density northern Virginia Beach, further differentiating it residential development,Town Center was designed from the southern half of the city. With almost every to be a focal point for the city, and even the localities neighborhood came a shopping center or strip mall to bordering Virginia Beach. provide basic services.With every new neighborhood also came the demise of one or more family farms, so Historic resources in the southern half of the city that by the late twentieth century there was virtually weathered this period fairly well with many historic no agriculture remaining in the northern half of the rural dwellings and agricultural buildings remaining city. The leading industry which replaced farming intact. In contrast, the vast amount of housing was tourism particularly focused on the oceanfront. development across northern Virginia Beach A Green Line was developed in the 1980s to limit prompted the loss of many resources. However, a residential development in the southern half of the number of Virginia Beach neighborhoods developed city,thus preserving a substantial agricultural area. directly from former farms and plantations, and around the original historic houses. This resulted in While agriculture remained in the south, and housing the preservation of houses such as Green Hill and developments enveloped most of the north of the Thoroughgood, as well as several houses in the Little city, the oceanfront saw the emergence of multi- Neck and Great Neck areas. story hotels beginning in the 1950s. That trend has continued to the present day so that now there Today, several areas of Virginia Beach face ongoing are few spots along the oceanfront without a hotel development pressures. These development directly adjacent to the beach.The one project which pressures are largely tied to the City's high land redirected the development trend of north Virginia value. In areas like the Oceanfront, North End, Old Beach to some extent was the Virginia Beach Town Beach, and Chesapeake Beach, for example, historic Center, initiated in 2000. Planned in some form for properties are being demolished or altered at a rapid 64 Virginia Beach Historic Preservation Plan:Chapter 5 t 1► wn� UP RINI Figures 5.14&5.15 -At the left is a high-rise hotel being built on the former Belvedere Hotel location along the beach on Atlantic Avenue. Not far away is a group of cottages(at right)still intact and part of the Cutty Sark Motel.The cottages face development pressures due to the high value of land at the oceanfront. pace to maximize the economic return of the land. and advocate for the economic benefits of historic Modestly-sized historic beach cottages are replaced preservation. In 2014, Preservation Virginia initiated by multi-story townhomes, and low-rise mid-century a three-phase economic impact study on various modern motels are replaced by high-rise, corporate aspects of historic preservation,including the Historic hotels. In areas like the ViBe District, where historic Rehabilitation Tax Credit Programs in Virginia and resources are retained,they are often inappropriately heritage tourism in Virginia. These studies found renovated,compromising the historic materials of the positive impacts resulting from historic preservation in building and diminishing the integrity of potential the state. Localities, such as umberland, Maryland, historic districts. While the southern half of the City have also utilized economic impact studies and found has experienced much slower growth, it too faces a that investing in the city's existing historic resources risk of increased real estate development pressure created positive economic results, such as increased as additional acreage is required for new suburban property values in historic districts and greater job residential neighborhoods, commercial space, data growth.The economic impact study will also provide centers, and warehouse and fulfillment centers. insight into the economic value of heritage tourism Furthermore, development pressures in the City that remains untapped. pose imminent threats to archaeological resources, which could be lost due to significant new ground disturbance. One way that other localities have worked to lessen the impacts of redevelopment on historic properties is by demonstrating the economic benefits of preservation. It is recommended that the City commission an economic impact study focused on the benefits of preservation, as well as the current untapped potential of the City's historic resources. Economic impact studies have been utilized at the state level and in numerous localities to document Virginia Beach Historic Preservation Plan:Chapter 5 65 It is important to prepare for future impacts from incorporated into the City's Geographic Information natural disasters in order to adequately document Systems program. Making these map layers accessible and preserve historic resources in Virginia Beach to the public is critical for ensuring that residents prior to inevitable damage. The range of disasters are informed and educated about potential risks. that would likely impact historic resources in Virginia Mapping can also help identify and prioritize historic Beach is fairly limited,including tornadoes, hurricanes resources that are located in the Special Flood Hazard and flooding. Due to the particular vulnerabilities in Area which may benefit from alternative retrofits and this region, the magnitude of flood and hurricane flood mitigation to minimize risk. risk is concerning and is therefore the area of primary focus for this section of the HPP. In order to fully Disaster preparedness, particularly related to integrate architectural and archaeological resources flood retrofits, is also a fairly new area of study for into disaster planning efforts in the City of Virginia preservationists. This emerging body of knowledge Beach, other City Departments must be aware of the requires allocation of resources to allow City staff goals of the HPP and incorporate the vision and data and appointed bodies, including the HPC and HRB, into their own policies and daily operations. to participate in training events and engagement to remain current with available guidance and best Particular risks to historic properties from natural practices regarding flood protection and historic disasters in Virginia Beach include total inundation, properties. Examples of such training opportunities wind-driven damage or destruction, complete loss include Keeping History Above Water (KHAW), during emergent events, and gradual deterioration National Alliance of Preservation Commission's from nuisance flooding/higher groundwater levels. (NAPC's) CAMP Resilience, and the National Park While these risk scenarios can be dire, we have Service's virtual content including a pre-recorded the advantage of clear and predictable events that webinar and forthcoming e-learning activities. provide a long lead time prior to sustaining damage. This enables implementation of disaster preparedness initiatives, including planning efforts to mitigate risk ke and document resources when loss is inevitable. In order to successfully integrate the City's historic resources into disaster preparedness planning, continued survey and documentation, mapping, and training are necessary. Efforts to survey and » document historic resources are already underway ` Figure 5.16- Elevating properties has become a common action in the City, and flood and disaster risk should be in flood-prone areas to protect them from water inundation. incorporated into prioritizing the documentation of While this is a FEMA-approved method,it is not an appropriate vulnerable resources. As additional survey work is option in all situations as the source and magnitude of flood risk completed, geographic data should continue to be vary by property.Therefore,best practice is to tailor mitigation to the specific circumstances of the site and buildings. 66 Virginia Beach Historic Preservation Plan:Chapter 5 Historic preservationists, owners of historic program is widely utilized in the Commonwealth and properties, and managers of historic sites are often in Hampton Roads,Virginia Beach is home to a small faced with financial and economic limitations minority of the state's projects.There is an opportunity associated with ongoing maintenance, repairs and to increase awareness and utilization of the program upkeep. Cities are also challenged with developing that would result in increased preservation activity annual budgets that adequately serve their residents and economic benefit for the city. and demonstrate proper stewardship of taxpayer dollars. Despite these challenges, the City of Virginia Tourism is among the top industries and sources of Beach has demonstrated a commitment to funding revenue for the City of Virginia Beach. In addition to the protection of its historic resources. Over the its beaches and resort area attractions,Virginia Beach last four years, the City of Virginia Beach allocated is home to several historic house museums and cultural approximately$90,000 in annual operating funds to sites or parks. According to a 2017 study, heritage the Planning&Community Development Department tourism is a significant contributor to Virginia's to fund historic preservation projects. With these economy, and generated nearly $7.7 billion in one funds, the City has been able to leverage grant year.Virginia,and especially the Hampton Roads area support and achieve a number of significant goals and Virginia Beach are home to sites with national since the HRMP. City staff have more than doubled significance to American history, which make it an the annual budget through grant applications and attractive area for those travelers interested in historic awards that have funded special preservation projects sites. Additionally, American travelers appreciate including surveys, VLR and NRHP nominations, the "character, charm, and sense of place" that are Design Guidelines, bricks-and-mortar preservation intrinsic to historic communities.Throughout Virginia, projects like the Cape Henry Lighthouse restoration, heritage tourism also generates more than $3.3 billion and this HPP.This HPP is an opportunity to build on annually in employee paychecks across all industries, the past success of the City's Preservation Program. In addition to grant-funded City initiatives, owners of historic properties can benefit from financial { _1 incentives, typically in the form of tax credits or 'IV tax abatement. A 2018 study by the DHR and the - -'. , i` Wilder School of Government and Political Affairs at Virginia Commonwealth University (VCU) revealed 1 �_ I�II Il��li� �,_J that the Historic Rehabilitation Tax Credit program has far reaching financial and economic benefits to Virginia localities. Every dollar of historic tax credits ,:..allocated, for for example, generates $4.73 of economic impact. Historic preservation projects also generate Figure 5.17 - Mid-20th Century hotels in the resort area offer an opportunity to promote heritage tourism,especially among approximately 3,500 jobs annually throughout younger generations interested in the aesthetics of mid-century Virginia. While the historic rehabilitation tax credit modern. Virginia Beach Historic Preservation Plan:Chapter 5 67 LESS THAN S1M A SIM TO S25M NORTH S25M TO$50M S50M TO$100M S100M+ � f � Figure 5.18-The DHR/VCU 2018 study demonstrates the impact of the tax credit program statewide. 1 and creates more than 105,000 jobs directly and indirectly. These numbers have lasting impacts on local communities and their residents. In order to fully Inset of the map above demonstrating Hampton understand and support Virginia Beach's local historic Roads'benefit from tax credits and opportunity sites, it is recommended that the City commission an for growth in Virginia Beach. economic impact study of historic preservation and complementary initiatives. Because mitigation tied heritage tourism. A study like this can help the City to Section 106 compliance may result in projects make decisions about how to market historic sites such as survey, new or updated National Register to visitors, and also how to allocate tourism-related Nominations for eligible properties, or enhanced revenue in a way that promotes preservation of its interpretation or public engagement with historic historic and cultural resources. resources,the process can be beneficial to the City's HPP, and the funding associated with it can help Another potential funding opportunity for historic achieve the goals and objectives described in this preservation activities in Virginia Beach is thoughtful plan. and strategic alignment with federally-funded projects that the City is already undertaking that Historical designation offers Virginia Beach an require Section 106 review and mitigation. Section opportunity to better serve its residents, while also 106 of the National Historic Preservation Act (NHPA) stabilizing property values and preserving existing requires consideration of historic properties within housing. Among the benefits of listing in the local or adjacent to projects that are associated with a register, VLR, and NRHP is the potential to alleviate Federal undertaking. Typically, large transportation, the pressures of heightened building requirements infrastructure, and housing projects trigger Section based on flood risk and elevation. Designated historic 106. While Section 106 is sometimes seen as an properties are eligible for exemption from FEMA administrative burden for project managers, it is flood mitigation requirements. This allows property an opportunity for the City preservation staff to owners to initiate substantial improvements to their partner with the various City departments to align structures using an alternative mitigation approach, 68 Virginia Beach Historic Preservation Plan:Chapter 5 which can be more cost effective for an average The City also benefits from the implementation of homeowner, provide retrofits that better protect the the exemption, as it allows for increased investment resource, and are more appropriate for the historic in properties at risk for flooding and stabilizes or property. Property owners benefit from the decreased increases property tax revenues. cost of alterations, and the increased flexibility and streamlined review of proposed improvements. 5.4.5 NEGLECT Neglect of a property is typically a passive process continue to strengthen all City programs, and involving a property owner not maintaining a promote stewardship of historic resources. property and allowing it to deteriorate,or completely abandoning a property and allowing it to fall into ruin. Another important tool is for a local government This can be caused by lack of resources, knowledge, to incentivize the desired property maintenance or motivation. It can also arise when an owner for historic buildings. The first step is a clear set of passes without heirs, or with heirs uninterested in examples and definitions of the standards,which must the property or unwilling to maintain it. This type of be met by the property owner,and staff able to advise neglect is not an active process and is not typically property owners about the expectations. Another done with an ulterior motive. option to provide support could take the form of a city grant or tax relief tied to proper renovation of an The term "demolition by neglect" assumes a more historic property, or loans with generous terms for conscious role by the property owner who chooses to the property owner if performance markers are met purposefully neglect a property in order to cause its in regards to maintenance and repair of the historic deterioration to the point of being unsalvageable,and property. forcing eventual demolition. Demolition by neglect is usually associated with an owner's objection to Neglect should not be confused with the proper zoning laws, building codes, and/or a desire to use mothballing of an historic building. Mothballing the property for a different purpose. Combating demolition by neglect requires the local government to embrace a variety of strategies. The most effective is consistent enforcement of existing building and zoning codes for all property owners - not just those of historic properties. Consistent enforcement of local zoning and building codes and (, 1< timely reporting of code violations and buildings flagged for demolition to the City's HPC, HRB, and staff are critical for establishing awareness about preservation concerns. While relationships among these City departments already utilize best practices, Figure 5.19-Ginns Store in the southern half of Virginia Beach. This is an example of disrepair that can occur due to vacancy and continued communication and coordination will neglect. Virginia Beach Historic Preservation Plan:Chapter 5 69 can be a successful alternative for a property owner who is truly unable to maintain an historic building. This process is also useful for local governments that own historic properties for which they do not have an identified use, or do not have the current budget to support a renovation. Properly mothballing a building will allow for a lengthy delay in any further deterioration by securing the building against the elements and vandalism. Mothballing is also called "de-activating" and is thoroughly addressed in the National Park Service Brief#31"Mothballing Historic Building " Proper mothballing requires a detailed plan before the process begins and should be developed by an architect and an historic preservation professional. The basic goals of the mothballing process are to document the property, stabilize it, and secure it against further harm. Typically, moisture, pests, and vandalism pose the greatest threats. The end result must be an historic building which is protected from these threats and requires only periodic monitoring and minimal maintenance for a certain, predetermined period of time. 70 Virginia Beach Historic Preservation Plan:Chapter 5 EMBEDDING PRESERVATION IN CITY-WIDE PLANNING & INITIATIVES Y " THIS PAGE INTENTIONALLY LEFT BLANK 72 Virginia Beach Historic Preservation Plan:Chapter 6 • ' � • . . • The Virginia Beach Historic Preservation Plan (HPP) only on a limited level. This chapter summarizes is an update to the Virginia Beach Historic Resources complementary City initiatives, including planning Management Plan (HRMP, 1994) and is intended to documents, and discusses how they can incorporate work with and support the city's existing city-wide preservation or could benefit from the tools that initiatives. Several of the city's existing planning historic preservation offers. documents incorporate historic resources, even if The Virginia Beach Arts Plan 2030 was developed E in 2015 as a framework to "create a more vibrant g Virginia Beach through arts and culture."The Plan lays out nine goals to address expanding, strengthening, supporting, and promoting the arts in Virginia Beach over the following 15 years. For each of the goals, examples are provided from other cities that have been successful in areas that align with the Plan's recommendations. The rehabilitation and use of VIR iWihistoric buildings are central to the majority of the AN 2QzQ arts and cultural programs that are highlighted as successful examples around the country. Figure 6.1 • r is 7 s LAANL­ The Virginia Beach Comprehensive Pl; , completed in 2016, demonstrates the ways in which the City has worked to incorporate historic resources into city-wide planning efforts. With the Comprehensive Plan, the city was divided into Special Economic Growth Areas, Suburban Areas, the Princess Anne Commons and Transition Area, Rural Area, and Military Installations and Support. Sections dedicated to these various CITY OF VIRGINIA BEACH areas include guiding principles, design principles, COMPREHENSIVE PLAN and recommended policies that incorporate the � Policy Document preservation of Virginia Beach's historic and cultural Figure 6.2 resources. Virginia Beach Historic Preservation Plan:Chapter 6 73 The HPP provides strategies for accomplishing the the HPP will support the Comprehensive Plan's Comprehensive Plan's goals for preservation of the goals for economic and community development, city's cultural and historic resources. Additionally, development and redevelopment, and sustainability. I , I . i ' I I . . . I • West Neck Creek Park: home of the historic Buffington House a - Munden Point Park: historic water access site • Cape Henry Trail and Norfolk Avenue Trail: conversion of historic rail corridor • Marshview Park: An archaeology survey was conducted in 2014 with participation by public schools. Although no highly significant artifacts see• were found,the master plan for the park includes interpretation and preservation of the historic site Figure 6.3 within the park. The Virginia Beach Outdoors Plan:A Master Plan for . Open Space near Thoroughgood House: the Parks and Recreation System,completed in 2016, preservation of historical landscape and viewshed is the master plan for the Virginia Beach Parks and • Francis Land Park: public walkway adjacent to the Recreation system,and is a component of the Virginia Francis Land House Beach Comprehensive Plan.This plan introduces new • Little Island Park: home to the historic coast guard goals for park acquisition and improvement projects buildings throughout the city's parks. Additionally, the Virginia Beach Parks & Recreation The Outdoors Plan incorporates Historic and department has identified other potential historic Cultural Areas and highlights the following parks for properties that could be utilized for public parks. their contributions to the City's historic and cultural Under Historic and Cultural Areas, the report details identity: that the Virginia Beach Parks&Recreation department is involved in several projects to highlight historic and • Kemps Landing Park: home to several public cultural contexts throughout the city. monuments 74 Virginia Beach Historic Preservation Plan:Chapter 6 6.5 VIRGINIA BEACH SEA LEVEL WISE ADAPTATION STRATEGY A mitigation plan will enable the City to integrate historic resource protections and planning into the overall Sea Level Wise program. This is particularly important because historic resources enjoy a wider array of options for protection and retrofits, •' _ .'' accommodation from FEMA for flood protection, and are often constructed of traditional materials Sea Level Wise that perform better during and post-storm event. Adaptation Strategy Therefore, management and treatment protocols for historic resources need to be front and center for Figure 6.4 adaptation planning(Sea Level Wise)and post-event recovery (Disaster Preparedness) so that the City of The Virainia Beach Sea Level Wise Adaptation Virginia Beach and property owners fully benefit from Strategy`, completed in 2020, was developed based the opportunities afforded to them. The mitigation on the Sea Level Rise Policy Response Report to plan would be the planning document to identify understand the challenges relating to sea level rise priorities and policies for treatment of designated and increased flooding events that face Virginia historic and archaeological resources. Beach and to develop strategies to proactively reduce the impacts of these threats. The report presents an Adaptation Framework that incorporates four complementary themes: Natural Mitigations, Prepared Communities, Engineered Defenses, and Adapted Structures. While the program is a part of the City's Department of Public Works, the initiative 12 incorporates city-wide and cross-departmental a services and strategies within its framework.Although the report incorporates strategies for Adapted Structures such as retrofitting existing buildings, the city's historic resources are not specifically addressed Return Period within the document. Figure 6.5 - The Sea Level Wise Adaptation Strategy demonstrates anticipated increase for damage. Given the risk of flooding to historic resources in Within the mitigation plan, the City should Virginia Beach, the City should develop a Recurrent acknowledge and plan for differences in the impact Flooding and Sea Level Rise Mitigation Plan for of nuisance and pervasive flooding versus major Cultural Resources to serve as both an independent storm events for historic properties. Furthermore, document for the Preservation Program, as well as this document will enable clear delineation of roles an Adaptation Strategy Appendix to Sea Level Wise. and responsibilities so that funding and planning for Virginia Beach Historic Preservation Plan:Chapter 6 75 disaster recovery and mitigation can be appropriately Property Owner managed. Examples of these roles and responsibilities ° Proactive property maintenance include: ° Privately funded risk reduction strategies ° Understanding risk and implementing retrofits • Federal,State, Local Government based on true risk ° Major infrastructure projects Neighborhood Association/Civic League ° Minor infrastructure projects ° Education • Flood insurance ° Neighborhood wide projects and initiative • Building Code policies • Exemption requests Both incorporate the importance of rehabilitating `. and adaptively reusing historic properties whenever AIRGINIA BEACH RESORT AREA STRATEGIC ACTION PLAN 2030 i Aoo�oercmcouscuoruur�rz zozo possible with this being a specific focus of Priority '! 4.5 of the RASAP. Priority 4.2 of the RASAP also it incorporates the erection of historical markers into the design of streetsca es in the area. aim---: Figure 6.6 The kesort Area Strategic Action Plan 2030(RASAP), completed in 2020, provides guidance for the future growth and development of the Virginia Beach Resort Area through a list of seven priorities. Rehabilitating and preserving the area's historic properties was included as part of the Steering Committee's guiding vision, and was incorporated into the Plan's priorities. Two of the RASAP's priorities include historic preservation in their recommendations: • Streetscape design • Support impactful projects that benefit the Resort Area and the City of Virginia Beach 76 Virginia Beach Historic Preservation Plan:Chapter 6 1 � �J !! ♦ 1a R r ■ } r - - _!�• r�'�•.,.,Ufa►.r�,+.� y a_-�, ��'T. - .!r� f i .,.f i �.!'w,�'�„�'�tl-`�T•` _ . a� i �w s THIS PAGE INTENTIONALLY LEFT BLANK 78 Virginia Beach Historic Preservation Plan:Appendix 1 . . . OVERVIEW OF PUBLIC ENGAGEMENT & RESULTS OF PUBLIC INPUT SURVEY The foundation for this HPP heavily relied upon input overwhelming response. In particular the online from Virginia Beach residents, City staff, the HPC, survey resulted in over 1,000 responses that provided and various stakeholder groups. In order to develop valuable insight. a plan to advance the community's vision for historic , preservation and ensure that the goals herein could `:^lhich of the following preservation programs or organizations have you engaged be achieved, several engagement meetings were with in the past7 Please select all that apply held. Three focus groups informed the development - t:3.�v. ..... .r of priorities for engagement. Additionally, the City hosted two virtual public engagement meetings and also issued a city-wide public input survey on its website. Each of these engagement activities is -.- summarized in the following pages. Due to COVID-19, typical in-person engagement Figure Al.l-During the first virtual public engagement was not possible. The virtual public meetings, and meeting,attendees were able to participate in real time and online public engagement survey resulted in an provide feedback based on their experiences. . . . E M At the outset of the project, three focus groups were The Student Leaders Committee Focus Group established by City Staff and the DHR. These focus was composed of local high school students who groups included the HPP Steering Committee, the serve as a regular subcommittee of the HPC. This Student Leaders Committee, and a panel of City group indicated the need for greater community staff experts in sea level rise and recurrent flooding. engagement and documentation of historic resources, CPG met with each focus group virtually at the start as well as the need for a central source for information of the project to better understand the goals of these on the city's historic resources. stakeholder groups.These focus groups also informed the development of the public opinion survey and the Lastly,the sea level rise and recurrent flooding group overall HPP. consisted of City of Virginia Beach Staff from Public Works, Planning and Community Development, The Steering Committee was composed of Citizens of Office of Emergency Management, and Housing and Virginia Beach and members of the HPC,City Council, Neighborhood Preservation. In this meeting, city Planning Commission, HRB, and City Government. staff shared the ways their respective departments The Steering Committee emphasized the need for interact with historic resources and current city efforts additional public engagement and interdepartmental to address sea level rise and recurrent flooding. partnerships,as well as interest in how the community viewed and valued historic preservation in Virginia Beach. Virginia Beach Historic Preservation Plan:Appendix 1 79 The first public meeting was held virtually on February 23, 2021, and was led by CPG with representation from the Virginia Beach Department of Planning and Community Development, the ••• Communications Office, and DHR.The purpose of the meeting was twofold: provide background information about the project and gain insight from the community about their concerns and ir priorities relating to historic preservation. The presentation • introduced the project team, outlined the goals and purpose `1 for preparing a historic preservation plan, the project approach, and timeline.Throughout the hearing,the project team offered opportunities for the audience to respond to questions about preservation priorities using the Public Input survey platform in real time. This prompted conversations about preservation in Participants at Webex Event the community and helped inform the plan's recommendations. (Including Staff and Presenters) MEETING #1 PUBLIC INPUT: KEY QUESTIONS & RESPONSES 1)What factors should be considered when prioritizing historic preservation initiatives?(Select up to 3) 30 A key component of the initial meeting 25 was to develop an understanding of the factors that the community found most 20 important for prioritizing preservation 15 projects, programs, and initiatives. Out of 37 responses, almost all favored 10 cultural value to the community and 5 visitors as vital priorities. Threats to k6 resources and level of community co � s significance also ranked high, showing a o _° o v v ° o a o O strong relationship between community N > N v '�-C N O N ,? Q a v Q) values and historic preservation. > v o c0 v� o `.e o ° o o v Vo J 3 o ao ° U c o � v U O N Figure A1.2 Q 80 Virginia Beach Historic Preservation Plan:Appendix 1 2)Which resources should be considered a priority in preservation planning?(Select up to 3) Archaeological sites received the highest number of votes along with meeting places or culturally significant sites, reiterating the connection between preservation and community. Nineteenth-century buildings were also prioritized over mid-century or post-World War II resources. These responses reveal an interest in cultural history and identity, as well as a need for engagement and advocacy for mid- 411& century resources. 67% Archaeological Sites 31% Cemeteries (Native American) 22% Rural landscape 58% Meeting place or (Agricultural heritage) culturally significant sites 17% Mid-century modern hotel =53% Buildings constructed in 14% Other the 1800s 6% Post-World War II suburban 31% Pre-World War II beach neighborhood cottages Figure A1.3 3)What is the greatest threat to historic resources in Virginia Beach?(Top 5 listed below) 7 I It was important for the project team to 3 - Development Pressures understand what the community views as threats to historic resources,as these can 49 % - Land Value vs. Building Value Ratio vary from location to location. Responses overwhelmingly demonstrated a concern 46% - a Sea level rise/Recurrent flooding bout development pressures and disproportionate land value, both often resulting in demolition. Sea level rise - Funding Constraints and recurrent flooding also ranked high as threats for preservationists in Virginia Beach. - Demolition by neglect Figure A1.4 Virginia Beach Historic Preservation Plan:Appendix 1 81 APPENDIX OPINION SURVEY A public opinion survey was developed to that greatly contributed to the development of the understand community interests, priorities, and HPP. It should be noted that the survey results are values relating to historic preservation in Virginia not without their limitations. Questions assumed Beach, as well as the ways the community engages some level of familiarity with historic preservation, with and learns about the city's historic and cultural museums, and/or cultural heritage. Questions were resources.The survey was open to the public on the broad on purpose,and designed to better understand City of Virginia Beach survey platform from April 26, how residents define, value, and prioritize historic 2021 to May 16, 2021. In total, 1,038 participants and cultural resources. Furthermore, demographic responded to the survey. The following questions questions were unintentionally difficult to answer due from the survey provided key insight into the to the online platform and cross-directional scrolling Virginia Beach community's values and priorities requirements. PUBLIC OPINION SURVEY: KEY QUESTIONS & RESPONSES 1)What images below contain historic buildings,sites,or places?(Out of 862 Respondents) 44 800 Overall, participants primarily associated 700 historic places with nineteenth and early- twentieth century resources, meeting places or 600 `` sites of cultural significance. Native American 500 sites also ranked highly among the resources 400 that Virginia Beach residents value.Trends in the selection of mid-twentieth century resources, 300 Modern architecture, or those associated with 200 underrepresented communities indicate that 100 there is likely a need for education or increased 0 •• ' = = awareness about the cultural and historic �oJy� �`acag� owiv c�ao° ro�oy�m significance of these sites in Virginia Beach. � � r,oc Q�`tea cr �a� Figure A1.5 82 Virginia Beach Historic Preservation Plan:Appendix 1 2)How important are historic resources for Virginia Beach tourism? Preserving historic and cultural resources provides 44 % -Very Important various benefits to a community, including advancing economic development through areas 24 % - Important such as tourism. The overwhelming majority of participants identified historic resources as very important,important,or fairly important to tourism 20 % - Fairly Important in Virginia Beach. These responses demonstrated the cultural and economic value residents place on the city's historic resources. This demonstrates an - Slightly Important opportunity for enhanced advocacy and marketing for historic and cultural resources. 35 % - Not Important At All Figure A1.6 3)What is the greatest threat to historic resources in Virginia Beach? Please select up to 3. 700 Understanding how the community defines its 600 threats to historic resources was a key element in determining appropriate objectives and actions,as 500 well as documentation priorities for the HPP.The 400 survey results indicated that the most significant threats to Virginia Beach's historic resources are 300 development pressures, funding constraints, 200 demolition by neglect, disproportionate land 100 value,and sea level rise and recurrent flooding.Of ■ these threats, respondents ranked development 0 Co o pressures, sea level rise and recurrent flooding, Q N oZov and funding constraints as the top three threats to 0 va �� the city's historic resources. The HPP, therefore, v D o i V 0 places emphasis on planning for the impacts of Q these threats to historic resources. o o a a v a o 0 o � J � J Figure A1.7 Virginia Beach Historic Preservation Plan:Appendix 1 83 4) Do the City's current preservation programs serve underrepresented communities(racial,ethnic,and slender minorities,for example?) Another key goal of the HPP is to enhance the diversity and inclusion of underrepresented communities and resource types in the City's historic preservation initiatives. Although the majority of respondents indicated they are either interested in local history and preservation or enjoy visiting historic places and sites,most were unsure if the City's current preservation program serves underrepresented communities. These results indicate the need to continue developing and raising awareness of the histories of the City's underrepresented communities and to provide informed objectives tied to documentation priorities. M 20% Yes M 19% No 61% I'm not sure Figure A1.8 a 9 111 The second public meeting was held virtually on June 29,2021, and was led by CPG with representation from the Virginia •�� Beach Department of Planning and Community Development, the Communications Office, and the DHR. The purpose of the meeting was to present the findings of the online public opinion survey,and to provide an overview of the HPP.The presentation also introduced the project team, reviewed the Plan's guiding principles,objectives,purpose,and timeline,and provided a link to the draft Preservation Plan. Finally, opportunity was given for questions and comments from the public. 22 Participants at Webex Event (Including Staff and Presenters) 84 Virginia Beach Historic Preservation Plan:Appendix 1 . . . 9I► 10 M M111VA Preserving History in Virginia Beach Project Engagement VIEWS PARTICIPANTS RESPONSES COMMENTS 2,402 1 ,038 29,570 749 How are you involved in historic preservation in Virginia Beach?Please select the answer that best applies to you. 47%Interested in local history/preservation A:. 41%Enjoy visiting historic places or sites ■ 6% New to preservation ■ 6% Others 1,020 respondents Which of the following is your favorite place to visit in Virginia Beach? ■ 27%Back Bay Wildlife Refuge/False Cape State Park 24%Pungo ■ 14%Sandbridge 12%Resort Area ■ 8% Other-please describe 7% Cape Henry Lighthouse 6% Thoroughgood House Museum 2% Princess Anne County Training School/Union Kempsville High School 978 respondents Virginia Beach Historic Preservation Plan:Appendix 1 85 Which of the images below contain historic buildings,sites,or places?Select all that apply. A.Lynnhaven House(photo credit:CPG) 834 d E.Native American Archeological Site(photo credit:VDHR Archives) 692./ F.Beach cottage(photo credit:CPG) 685 V C.Cutty Sark Hotel(photo edit:VDHR Archives) 318%i B.Seatack Elementary School(photo credit:VDHR Archives) 272 V D.Home in Cavalier Shores(photo credit:VDHR Archives) 240%i 862 Respondents How important are historic resources for Virginia Beach tourism? IV 44%Very important 24%Important 20%Fairly important 10%Slightly important 2% Not at all important 956 respondents 86 Virginia Beach Historic Preservation Plan:Appendix 1 Which of the following should be considered priorities in preservation planning?Please select up to 3 and rank them in order of importance. A building constructed by the 1800s 630 V Meeting place or site of cultural significance 391 .d Historically Africa n-American neighborhood 247 V 3 Rural agricultural landscape and outbuildings 279 / 34°f Pre-World War II beach cottages 290 d 31°lo Cemeteries 263 d 19°lo Rural crossroads community 162 V 7% Mid-century modern hotel 63.d 4% Post-World War II suburban neighborhood 36 d 845 Respondents Which archaeological sites should be considered a priority for assessment and investigation?Please select up to 3 and rank them by order of importance. Prehistoric/Native American sites 590 d Sites threatened by sea-level-rise and recurrent flooding 448 V 32% Sites of historic events such as battlefields 263 V 27°lo Sites located in the City's Historic and Cultural Districts 223 V Sites with historic architectural resources that have had limited or no 381 d previous assessment Sites where architectural resources have been lost or are in ruin 295 d Sites of significance on state or Federally-owned property 78 V 815 Respondents Virginia Beach Historic Preservation Plan:Appendix 1 87 What factors should be considered when prioritizing City historic preservation initiatives? Please select up to 3 and rank them in order of importance. 53% Level of significance to the community 423 39% Age of the resource 309 48% Threats to resource such as sea-level-rise/flooding,neglect, 383 development pressure Cost of the project 170 26°I° Association with underrepresented groups or minority history 204.01 55°I• Cultural value to the community and visitors 440 d 25% Funding availability 198 19°la Potential for secondary economic benefits to the community 154.d 799 Respondents What is the greatest threat to historic resources in VB?Please select up to 3 and rank from highest to lowest risk. CDDevelopment or Redevelopment Pressures 645 V OSea-level-rise/Recurrent Flooding 301 d Funding Constraints 396 ?,.. Land Value vs.Building Value Ratio 315 d Natural Disasters 100 d Demolition by Neglect 328 Lack of readily available information or resources for homeowners 121 V 778 Respondents 88 Virginia Beach Historic Preservation Plan:Appendix 1 Do the City's current preservation programs serve underrepresented communities(racial, ethnic,and gender minorities,for example)? N 61%I'm not sure 20%Yes It 19%No 827 respondents How well does the Virginia Beach City Public School system educate students about local history and historic sites? 36%Poorly ■ 34%No opinion Is 17%Very Poorly III 12%Well 2% Very well NOW 728 respondents Which of the following activities should Virginia Beach City Public Schools use to promote historic preservation and historic sites?Please select up to 3 and rank. Prioritize local historic sites when choosing field trip locations 506 Use local examples in historylsocial studies curriculum 444 V Encourage students to conduct oral history interviews with long-time 169.d residents N Prioritize local historic sites in the selection of student projects 309 V CDDevelop extracurricular activities directly related to history and historic 270 preservation Encourage independent projects focused on local history/sites 201 Virginia Beach Historic Preservation Plan:Appendix 1 89 Which of the following preservation programs or organizations have you engaged with in the past?Please select all that apply. Visited a historic site or house museum in Virginia Beach 521 d 44°lo Civic league or neighborhood association 269-/ 1?°io Princess Anne County/Virginia Beach Historical Society 104 V Historic Preservation Commission 67%/ Other(please explain) 58 V Special programming like Pints for Preservation or Preservation Month 36-/ activities 3%'` Historical Review Board 19 V 2°/o State and/or National Historic Rehabilitation Tax Credit Program 14./ 2°lo Local Designation Program 12 V 2°lo City Research Grant Fund 11 V Local Tax Abatement Program 7 V 617 Respondents 90 Virginia Beach Historic Preservation Plan:Appendix 1 Have you used the City's website to learn about historic preservation programs? 58%No 36%Yes 6% I'm not sure 688 respondents If you have used the City's website to learn about its historic preservation programs, how would you rate the ease of navigating the website? 57%No opinion 25%Average 11%Easy ■ 4% Hard 3% Others 558 respondents Virginia Beach Historic Preservation Plan:Appendix 1 91 What information would be helpful to have online for residents of Virginia Beach interested in historic preservation? All of the above 441 V Map of historic sites open to the public 370./ EEvents calendar for historic preservation programs 234 d 33% Hyperlinks to local historic house museum websites 223./ 25% Hyperlinks to local preservation societies and advocacy groups 165 d 22% Resource guide for owners of historic homes 147 V 7% None of the above 6 V 673 Respondents Have you contacted or worked with the Historic Preservation Commission in the past? 87%No 10%Yes 4% I'm not sure 678 respondents 92 Virginia Beach Historic Preservation Plan:Appendix 1 If you have contacted or worked with the Historic Preservation Commission in the past, how would you rate the experience? 84%No opinion 6% Satisfactory 5% Very satisfactory 5% Neither satisfactory nor unsatisfactory 1% Others 486 respondents Have you contacted or worked with the Historical Review Board in the past? 92%No 4% I'm not sure 4% Yes 674 respondents If you have contacted or worked with the Historical Review Board in the past, how would you rate the experience? 92%No opinion 3% Neither satisfactory or unsatisfactory 5% Others 466 respondents Virginia Beach Historic Preservation Plan:Appendix 1 93 What types of programming would you be interested in seeing in Virginia Beach?Please select up to 3. 50% Social media posts highlighting historic sites or neighborhoods and 330 d their history Guided neighborhood tours(walking or bike) 244 d 33% History in the Attic program(Residents bring their family photos, 216 V scrapbooks,etc.,to an event to be digitized for local research) 28% Virtual tours 187 V 26% Self-guided bike tours 172 d 21% Oral history interview program 137.i 20% Hands-on workshops 134.i 20% Special fundraising events like Pints for Preservation 132 V 18°o Speaker programs 120 d 16% Scavenger hunts 108 d 3% Award programs 19.d 2% Other(explain) 12 V 4� 660 Respondents 94 Virginia Beach Historic Preservation Plan:Appendix 1 How do you learn about historic preservation programs in Virginia Beach?Please select your top 3 sources. 54°k Social media 359 47% Word of mouth 310 d Local newspaper articles 298 d 33% Local TV News 217 V 26% Virginia Beach City Website 169 V 8% Non-profit marketing campaigns 51 V 7% Email subscriptions to newsletters 49,i 7% Other(explain) 49 V 7% Local Radio Station 47,i 660 Respondents In which neighborhood do you live?Please drop a pin to show the location. r� L J f T. •� �.rt ���,W, j it 1.. Mf •' imagery 02021TOmMeMes Virginia Beach Historic Preservation Plan:Appendix 1 95 How long have you lived in Virginia Beach? 37%More than 25 years 27%My entire life;I am a Virginia Beach native 22%10-24 years 1 5% 5.9 years ■ 4% 1-4 years ■ 3% 1 don't live in Virginia Beach 1% less than 1 year 559 respondents 96 Virginia Beach Historic Preservation Plan:Appendix 1 APPENDIX ' OF • ' DESIGNATIONS Virginia Beach is home to properties that are recognized be accessed on the Virginia Department of Historic under several different types of historic designation Resources'website. programs, including the National Register of Historic Places(NRHP),the Virginia Landmarks Register(VLR), THE VIRGINIA LANDMARKS REGISTER the local Virginia Beach Historical Register (VBHR), The VLR was created in 1965 by the General Assembly and the local Virginia Beach Historic and Cultural of Virginia and is the state's official list of significant Districts (HCDs). It is important to note that each of historic and cultural resources. The VLR is overseen these designations are independent from one another. by the Virginia Department of Historic Resources While boundaries may sometimes overlap or align, and follows the criteria set by the NPS for the NRHP. they are not always the same. Furthermore, properties Like the NRHP, the VLR is an honorific designation or resources that are considered "Contributing" or and does not restrict the use of or changes to the "Non-Contributing" may differ from one designation building. Both income-producing and non-income to another.The register programs discussed below are producing properties listed in the VLR are eligible for honorary and primarily intended to recognize historic the State Historic Rehabilitation Tax Credit. The City significance. The register programs (NRHP, VLR, and also provides tax relief to property owners of historic VBHR) are not regulatory or restrictive, and do not resources that are individually listed in the VLR,via the provide protection for historic resources. Regulatory Historic Landmarks Exemption. review resides with the Historical Review Board (HRB) for alterations in the HCDs. A list of properties in Virginia Beach on the Virginia Landmarks Register can be accessed on the THE NA'i IONAL REGISTER OF HISTORIC PLACES Department of Historic Resources' website. The NRHP was established in 1966 with the passage of the National Historic Preservation Act and is VIRGINIA BEACH HISTORICAL REGISTER overseen by the NPS. It is the official list of buildings, The VBHR was established by the Virginia Beach City structures,sites,objects,and districts that embody the Council in 1999. The register recognizes buildings, historic and cultural significance of the United States. structures, and sites that are important to and/or Resources listed in the NRHP may be significant at illustrative of the historical development of the City the local, state, or national level. The NRHP is an and its predecessor jurisdictions. Nomination to honorific designation that is intended to increase the VBHR is voluntary and requires consent of the public awareness of a community's historic resources, property owner.The VBHR is an honorary designation encourage preservation, and qualify the property and carries no restrictions or regulatory oversight. owner for financial benefits through the Federal VBHR properties are recognized by issuance of a Historic Rehabilitation Tax Credit program for income- certificate noting their status as a local landmark and producing properties.The NRHP does not prevent the property owners receive a plaque that may be fixed to owner from making changes to a property or restrict the exterior of the building to recognize the property's the use of the property. status. VBHR properties are also eligible for local tax incentives including the Exemption for Rehabilitated A list of properties in Virginia Beach on the NRHP can Residential Real Estate. Virginia Beach Historic Preservation Plan:Appendix 2 97 VIRGINIA BEACH HISTORIC AND CULTURAL DISTRICTS The Virginia Beach Historic and Cultural District Overlay (HCD) program was established in 1969 to preserve and protect certain areas within the City that have historic and cultural significance. The intent of Article 13 of the Zoning Ordinance is to preserve the City's historic and cultural resources, promote tourism and economic development, foster a sense of place, and assure compatible design and development within the Districts. HCDs are the only designation requiring regulatory review to protect the character of historic resources and districts. Proposed alterations within HCDs are reviewed by the Historical Review Board (HRB). Establishing the boundaries and regulations for an HCD requires a zoning amendment for the specific parcel or parcels designated. It is important to note that the City does not generally consider adding new HCDs or expanding the boundaries of existing HCDs without owner support. A list of Virginia Beach's Historic and Cultural Districts can be accessed on the City of Virginia Beach's website. 98 Virginia Beach Historic Preservation Plan:Appendix 2 ♦ , • • • • ♦ • IMP There are several programs available offering 2 application describes the current condition of incentives for historic preservation activities. The the building and outlines the planned scope of two most well-known are the Federal and State work for the rehabilitation. The proposed work historic rehabilitation tax credit programs. Historic tax is evaluated by the SHPO and NPS based on credits are a dollar-for-dollar reduction on income the Secretary of the Interior's Standards for tax liability for taxpayers who rehabilitate historic Rehabilitation. buildings. For entities that cannot use the credits Part 3 — Request for Certification of Completed (such as non-profits or churches), a process of Work: The Part 3 application is submitted syndication enables them to be transferred to a upon project completion, and documents in taxpaying entity in exchange for cash. photographs that the work was completed as proposed. Approval of this application certifies FEDERAL that the project meets the Standards and is a "certified rehabilitation," allowing the applicant FEDERAL HISTORIC REHABILITATION TAX to claim the 20% credit. In order to adequately CREDITS review the proposed work, State Historic The Federal Tax Credit Program was established in Preservation Offices (DHR in Virginia) and NIPS 1977; to date, rehabilitations have occurred in all require the following documentation: fifty states, Puerto Rico, and the Virgin Islands. The ° Photographs: A comprehensive set of Federal Historic Rehabilitation Tax Credit Program photographs documenting both the exterior offers a 20% income tax credit for the rehabilitation and interior of a building prior to the start of of historic, income-producing buildings that are work must be included with either the Part determined to be "certified historic structures." In 1 or Part 2 application. Photographs should order to be eligible, a property must be individually be in color, taken at a high resolution, and listed in the National Register of Historic Places, printed at least 4" x 6" in size on photographic contributing to a National Register historic district, paper. Photographs should also be numbered, or deemed eligible, either individually or as part labeled or captioned, and keyed to accurate of a district, for inclusion in the National Register. existing floor plans. ° Drawings: Drawings illustrating the proposed The tax credit program is a three-part application work should be included with the Part process: 2 application. Sufficient detail should be included to show planned alterations or • Part 1 — Evaluation of Significance: The Part new construction. Typical drawings included 1 application provides information about the with a Part 2 application include floor plans, appearance and significance of the project elevations, and sections. Additional detailed building; this portion of the application is not drawings, such as those of existing and required for buildings individually listed on the proposed new windows in the case of window VLR and NRHP. replacement, may also be required for a • Part 2 — Description of Rehabilitation: The Part Virginia Beach Historic Preservation Plan:Appendix 3 99 successful Part 2 application. of the building (excluding land) in the year prior to ° Maps and Site Plans: Maps are helpful to starting work. For income-producing properties, the include with the Part 1 application to clearly eligible expenditures must be at least 50% of the identify the project building site, particularly local assessed value. The measuring period for the if it is within an historic district. If available, Substantial Rehabilitation Test is 24 months, unless historic maps, such as Sanborn Fire Insurance a project is phased, then the measuring period is Maps, can also be included to help accurately extended to 60 months. document changes that were made to a building during or outside of the period of The measuring period must end the same year that significance. the project is completed, but the owner does not have to complete the project within the measuring STATE period. For Virginia projects, as described above, the assessed value is determined the year prior to STATE HISTORIC REHABILITATION TAX CREDITS starting work. Additionally, if phased, the phasing The Virginia State Historic Rehabilitation Tax Credit plan must be submitted with the Part 2 application. Program was established in 1997.The Virginia program At the completion of a Federal project, there is no offers a 25% income tax credit for the rehabilitation holding period; once the project is closed out, the of historic, owner-occupied or income-producing applicant can do additional work on the building buildings that are determined to be "certified historic without reporting it to the Virginia Department of structures"; income-producing projects often qualify Historic Resources. The credits can be carried forward for both State and Federal credits. As with the for ten years; there is no carryback with State credits. Federal program, in order to be eligible, a property Direct links to more information are also provided must be individually listed in the Virginia Landmarks in the Resource Guide. Register or the National Register of Historic Places, contributing to a National Register historic district, VIRGINIA BEACH or deemed eligible, either individually or as part of a district, for inclusion in the National Register. PARTIAL REAL ESTATE TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT REHABILITATED The application process and required documentation STRUCTURES is the same for the State and Federal programs. In recognition of the educational and cultural value of the city's historically significant structures, the city In order to qualify for the program, projects must council enacted an ordinance (City Code Sec.35 be substantial in nature as judged by the Substantial through 80.1) allowing a partial exemption of real Rehabilitation Test. For the Virginia State program, estate taxes. The exemption shall not apply to new the requirement is dependent on whether the construction. Eligibility for this exemption requires building is an owner-occupied residence or an the following: income-producing property. For owner-occupied residences, the eligible expenditures must be at • The structure shall be listed on the Virginia Beach least 25% of the local government's assessed value Historical Register or be a structure eligible for 100 Virginia Beach Historic Preservation Plan:Appendix 3 listing on the Register,and for which an application amount to at least twenty-five (25) percent of the for inclusion on the Register is pending at the structure's assessed value immediately prior to the time rehabilitation commences. rehabilitation work. Allowable costs are specified • The structure shall be no less than fifty (50) in City Code Section 35-80.1, at paragraph (g), years of age at the time the application is made. sub-paragraph (1). Exemption for Rehabilitated Residential Structures: Application for Exemption: • The exemption shall be in the amount equal to the Application for a partial exemption for the greater of the initial increase in the assessed value rehabilitation of an historically significant structure of the structure resulting from the rehabilitation must be filed prior to the commencement of any as determined by the Real Estate Assessor, or rehabilitation work for which exemption is sought. an amount equal to fifty (50) percent of the qualifying cost of the rehabilitation. The owner of such a structure shall, at the same • The exemption shall run with the land for fifteen time an application is made for a building permit (15) years. to rehabilitate such a structure, file forms with the • No increase in assessment occurring after the Real Estate Assessor and the Planning Director. first year of such rehabilitation exemption shall qualify for an increase in such exemption. HISTORIC LANDMARKS EXEMPTION • In the event of a decrease in the property's The Virginia Department of Historic Resources (DHR) assessed value after the first year of any administers the Virginia Landmarks Register program rehabilitation exemption, the exemption shall designed to promote the preservation of Virginia's be based on the difference in taxes computed historic properties. This registry was created in 1966 on the base value and the decreased assessed and serves as the state's official list of properties value of the property. important to Virginia's history. Exemption for Rehabilitated Commercial or Industrial Properties included on the state register qualify for Structures: a lower tax rate. This reduced rate applies to the building only and not to the land. • The exemption shall be an amount equal to fifty (50) percent of the qualified costs of rehabilitating Virginia Beach properties that are listed on the state the structure; provided, however, that the amount and national registers are available online. of the exemption shall not exceed the amount of the assessment of the structure at any time after its rehabilitation. • The exemption shall run with the land for fifteen (15) years. • For any rehabilitation project to qualify for this exemption, the rehabilitation project costs must Virginia Beach Historic Preservation Plan:Appendix 3 101 APPENDIX GLOSSARY A CONTRIBUTING RESOURCE: A building, site, structure, or object adding to the historic significance ADAPTIVE REUSE: A use for a structure other than its of a property or district. historic use, normally entailing some modification of the structure. CULTURAL LANDSCAPE: A geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with Ban historic event, activity, or person exhibiting other BRICK-AND-MORTAR: The physical presence of cultural or aesthetic values. an organization or business in a building or other structure. CULTURAL RESOURCE: An aspect of a cultural system that is valued by or significantly representative of a culture or that contains significant information C about a culture. A cultural resource may be a tangible entity or a cultural practice.Tangible cultural resources CERTIFIED LOCAL GOVERNMENT (CLG): Jointly are categorized as districts,sites,buildings, structures, administrered by the National Park Service and and objects for the National Register of Historic Places the State Historic Preservation Offices, each local and as archaeological resources, cultural landscapes, community works through a certification process to structures, museum objects, and ethnographic become recognized as a Certifed Local Government. resources for NPS management purposes. Once certified, CLGs become an active partner in the Federal Historic Preservation Program. Each CULTURAL RESOURCE MANAGEMENT (CRM): community gains access to benefits of the program The range of activities aimed at understanding, and agrees to follow required Federal and State preserving, and providing for the enjoyment of requirements. cultural resources. It includes research related to cultural resources, planning for actions affecting CLIO APP:An online resource for historic and cultural them, and stewardship of them in the context of sites that is crowd-sourced content for survey and overall operations. It also includes support for the documentation. In Virginia Beach, the community appreciation and perpetuation of related cultural and Student Leaders Committee have worked to practices, as appropriate. incorporate historic and cultural resources into the Clio App that allows anyone access to the information from the Clio website. D CONDITION: The physical state of a structure or its DESIGN GUIDELINES: Criteria which provide components. direction to projects regarding design. They help to ensure that rehabilitation projects and new CONDITION ASSESSMENT: An evaluation of the construction respect the character of designated physical condition of a structure,distilled by elements buildings,districts,and appropriately manage change. and details, with a description of deteriorated areas and the cause for deterioration. DEMOLITION BY NEGLECT: Refers to the practice of allowing a building to deteriorate to the point CONDITION ASSESSMENT REPORT: A formal that demolition becomes necessary or restoration becomes unreasonable. report which presents the condition assessment data. This report may cover the entire historic structure or a single feature or system. 102 Virginia Beach Historic Preservation Plan:Appendix 4 E archival record of buildings, engineering structures, and cultural landscapes significant in American EASEMENT: A voluntary legal agreement, typically history and the growth and development of the built in the form of a deed, which permanently protects environment. a significant historic property. Since it is a perpetual easement, an owner is assured that the property's HISTORIC CHARACTER:The sum of all visual aspects, historic character will be preserved. features, materials, and spaces associated with a ENVIRONMENTAL REVIEW: The process of property's history. reviewing a project and its potential environmental HISTORIC CONTEXT:The setting in which an historic impacts to determine whether it meets federal, state, element, site, building, structure, street, or district and local environmental standards. exists. F HISTORIC DISTRICT:A geographically definable area, urban or rural, possessing a significant concentration, FEMA: The Federal Emergency Management Agency linkage, or continuity of sites, landscapes, structures, is an agency of the United States Department of or objects, unified by past events or aesthetically Homeland Security whose purpose is leading the by plan or physical developments. A district may Nation's efforts to prepare for, protect and mitigate also be composed of individual elements separated against, respond to, and recover from the impacts of geographically but linked by association or history. natural disasters and man-made incidents or terrorist events. HISTORIC PRESERVATION TAX INCENTIVES: A national program created to encourage private sector investment in the rehabilitation and reuse of historic Gbuildings. Also known as Historic Rehabilitation GEOGRAPHIC INFORMATION SYSTEM (GIS): A Tax Credits, these are dollar-for-dollar reductions geographic information system is a conceptualized in income tax liability for taxpayers who rehabilitate framework that provides the ability to capture and historic buildings. o analyze spatial and geographic data. Federal Rehabilitation Tax Credits: A 20% income tax credit for the rehabilitation of GREEN LINE: The Green Line was developed in historic, income-producing buildings that the 1980s to limit residential development in the are determined by the Secretary of the southern half of the city,thus preserving a substantial Interior, through the National Park Service, agricultural area. to be "certified historic structures."The State Historic Preservation Offices and the National Park Service review the rehabilitation work to H ensure that it complies with the Secretary's Standards for Rehabilitation, while the HERITAGE TOURISM: The National Trust for Historic Internal Revenue Service defines qualified Preservation defines heritage tourism as "traveling rehabilitation expenses on which the credit to experience the places, artifacts, and activities that may be taken. authentically represent the stories and people of the Virginia State Rehabilitation Tax Credits: A past." 25% income tax credit for the rehabilitation of historic owner-occupied and income- HISTORIC AMERICAN BUILDING SURVEY producing buildings that are determined by (HABS) OR HISTORIC AMERICAN ENGINEERING the State Historic Preservation Office to be RECORD (HAER): Architectural and engineering "certified historic structures."The State Historic documentation programs that produce a thorough Virginia Beach Historic Preservation Plan:Appendix 4 103 Preservation Office reviews the rehabilitation M work to ensure that it complies with the Secretary's Standards for Rehabilitation, while MAINTENANCE: Upkeep of property or equipment the Virginia Department of Taxation defines either on a regular basis or as a non-recurring event. qualified rehabilitation expenses on which the credit may be taken. N HISTORIC PROPERTY: Any prehistoric or historic NATIONAL ALLIANCE OF PRESERVATION district, site, building, structure, or object included COMMISSIONS (NAPC): Founded in 1983 in in, or eligible for inclusion in, the National Register response to amendments to the National Historic of Historic Places maintained by the Secretary of preservation Act of 1966. These amendments the Interior. This term includes artifacts, records, and provided financial assistance to local governments remains that are related to and located within such that met requirements of the Certified Local properties.The term includes properties of traditional Government Program, including the establishment religious and cultural importance to an Indian tribe of a local preservation ordinance and commissions. or Native Hawaiian organization and that meet the The NAPC was formed to provide a forum for National Register criteria. commissions to discuss mutual problems and to serve as a national voice representing the particular needs HISTORIC REHABILITATION TAX CREDIT(HTC): A of commissions. dollar-for-dollar reduction in income tax liability for taxpayers who rehabilitate historic buildings. Credits NATIONAL HISTORIC PRESERVATION ACT are available from both the Federal government and (NHPA): Declares a national policy of historic the state of Virginia.The amount of the credit is based preservation, including the encouragement of on total rehabilitation costs. Only certain buildings preservation on the state and private levels; qualify for the tax credit program. authorizes the Secretary of the Interior to expand and maintain a National Register of Historic Places HISTORIC RESOURCE: An historic resource is a including properties of state and local as well as building, structure, object, site or historic district that national significance;establishes the Advisory Council is generally considered to contribute to an historic on Historic Preservation; requires federal agencies to property. An historic resource is typically at least consider the effects of their undertakings on National 50 years of age, or eligible under Criterion G for its Register properties and provide the Advisory Council exceptional significance,and should also be associated opportunities to comment(§106). with the historic property's period of significance and historic significance for the purposes of survey and NATIONAL PARK SERVICE (NPS): A bureau of the inventory, and historic resource may be any resource U.S. Department of the Interior which is responsible 50 years of age or older, and therefore more broadly for the preservation of natural and cultural resources. defined. NATIONAL REGISTER OF HISTORIC PLACES HISTORIC SIGNIFICANCE: The meaning or value (NRHP): The United States' official list of buildings, ascribed to a structure, landscape, object, or site structures, sites, objects, and districts that embody based on the National Register criteria for evaluation. the historical and cultural foundations of the nation, It normally stems from a combination of association established in 1966 and managed by the National and integrity. Park Service. I NATIONAL REGISTER HISTORIC DISTRICT: Historic districts are designations of a group of buildings INTEGRITY: The authenticity of a property's historic that together form an historically or architecturally identity, evidenced by the survival of physical significant area. The designation is intended to characteristics that existed during the property's preserve the character of the significant area, but not historic period. freeze it in time. Historic districts are honorary and 104 Virginia Beach Historic Preservation Plan:Appendix 4 come with no restrictions as to what a homeowner warrants with the least degree of intervention can do to their property, but it does allow for the including limited replacement in-kind, replacing an use of historic rehabilitation tax credits and other tax entire feature in-kind when the level of deterioration benefits. or damage to materials precludes repair, and stabilization to protect damaged materials or features NON-CONTRIBUTING RESOURCE:A building,site, from additional damage. For archaeological sites, it structure, or object that does not add to the historic includes work to moderate,prevent,or arrest erosion. significance of a property or district, or is not historic. PRESERVATION VIRGINIA: A privately-funded, NATIONAL FLOOD INSURANCE PROGRAM statewide historic preservation leader founded more (NFIP): The National Flood Insurance Program than 100 years ago. Preservation Virginia works to provides flood insurance to property owners, renters, ensure the relevancy of the Commonwealth's historic and businesses, and having this coverage helps them places. recover faster when floodwaters recede. It works with communities required to adopt and enforce floodplain management regulations that help mitigate flooding effects. RECONSTRUCTION:The act or process of depicting, by means of new work, the form, features, and NATIONAL TRUST FOR HISTORIC PRESERVATION detailing of a non-surviving historic structure or (NTHP): Founded in 1949, the NTHP is a privately any part thereof, for the purpose of replicating its funded, nonprofit organization based in Washington, appearance at a specific time in its historic location. D.C., that works in the field of historic preservation and supports the preservation of America's diverse REHABILITATION: The act or process of making historic buildings, neighborhoods, and heritage possible an efficient compatible use for an historic through its programs, resources, and advocacy. structure or landscape through repair, alterations, and additions while preserving those portions or features P which convey its historical, cultural and architectural values. PERIOD OF SIGNIFICANCE: The span of time in which a property attained the significance for which it RESTORATION: The act or process of accurately meets the National Register criteria. depicting the form, features, and character of an historic structure as it appeared at a particular period PRESERVATION: The act or process of applying of time by means of the removal of features from other measures necessary to sustain the existing form, periods in its history and reconstruction of missing integrity, and materials of an historic property. Work, features from the restoration period. including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new SEA LEVEL WISE: The Virginia Beach `yea Level construction. New exterior additions are not within Wise Adaptation Strategy (2020) was developed the scope of this treatment; however, the limited based on the Sea Level Wise study to understand and sensitive upgrading of mechanical, electrical, and the challenges relating to sea level rise and increased plumbing systems and other code-required work to flooding events that face Virginia Beach, as well as to make properties functional is appropriate within a develop strategies to proactively reduce the impacts preservation project. of these threats. The report presents an Adaptation Framework that incorporates four complementary PRESERVATION MAINTENANCE:Action to mitigate themes: Natural Mitigations, Prepared Communities, wear and deterioration of an historic property Engineered Defenses, and Adapted Structures. without altering its historic character. Action includes While the program is a part of the City's Public Works protecting its condition, repairing when its condition Department,the initiative incorporates city-wide and Virginia Beach Historic Preservation Plan:Appendix 4 105 cross-departmental services and strategies within S U STA I N A B I L I T Y/SUSTAINABLE DESIGN its Framework. Although the report incorporates PRACTICES: Sustainable Design Practices allow for strategies for Adapted Structures such as retrofitting use and enjoyment by the current generation, while existing buildings,the city's historic resources are not ensuring that future generations will have the same specifically addressed within the document. opportunities. Sustainable Design Practices include those choices, decisions, actions and ethics that will SECRETARY OF INTERIOR'S STANDARDS FOR best achieve ecological/biological integrity; protect REHABILITATION: The set of standards that are qualities and functions of air, water, soil and other regulatory for historic rehabilitation tax credit projects aspects of the natural environment; and preserve and are applied to all certified historic structures human cultures. (interior and exterior) as well as the site and related new construction. (SOIS-Rehab) SURVEY: Survey refers to the specific process of inventorying and documenting historic resources, SECTION 106: The Section 106 review process and may involve architectural (above ground) is an integral component of the National Historic or archaeological (below ground) resources. Preservation Act (NHPA) of 1966. Section 106 of Architectural surveys are divided into two the NHPA requires that each federal agency identify categories—Comprehensive or Selective--and are and assess the effects its actions may have on historic either Reconnaissance or Intensive level. The buildings. Each federal agency must consider public Survey Manual describes each type and level of views and concerns about historic preservation issues survey in detail on pages 22-24. when making final project decisions. SPECIAL FLOOD HAZARD AREA (SFHA): An area u identified by the United States Federal Emergency USE: How the structure will be utilized following Management Agency(FEMA) as an area with special realization of its ultimate treatment. The functions) flood or mudflow,and/orflood related erosion hazard, the structure will serve and the activities which will as shown on a flood hazard boundary map or flood take place within the structure. insurance rate map. This area is where the National Flood Insurance Program's floodplain management regulations must be enforced and the area where the V mandatory purchase of flood insurance applies. VIRGINIA BEACH HISTORIC AND CULTURAL STATE HISTORIC PRESERVATION OFFICE (SHPO): DISTRICTS (HCDs) - There are currently 16 HCDs State Historic Preservation Officers (SHPOs) located in the City of Virginia Beach. The: program administer the national historic preservation program was established in 1969 by the Virginia Beach City at the state level, review National Register of Historic Council with the goal to preserve and protect certain Places nominations, maintain data on historic areas within the City that have historic anid cultural properties that have been identified but not yet significance. nominated, and consult with federal agencies during Section 106 review (federal agencies seek the views VIRGINIA BEACH HISTORIC PRESERVATION of the appropriate SHPO when identifying historic COMMISSION (HPC): Established in 2008, the properties and assessing effects of an undertaking on HPC is an advisory body on issues related to the historic properties). In most cases, the governor of preservation of historic buildings,structures,and sites. their respective state or territory designates SHPOs. The HPC is made up of between 9 and 15 citizens as well as 2 appointed student members from local high STEWARDSHIP: The cultural and natural resource schools. protection ethic of employing the most effective concepts, techniques, equipment, and technology VIRGINIA BEACH HISTORICAL RESIGTER (VBHR): to prevent, avoid, or mitigate impacts that would The VBHR was established by the City Counil in 1999. compromise the integrity of resources. The register recognizes buildings, structures, and 106 Virginia Beach Historic Preservation Plan:Appendix 4 sites that are important to and/or illustrative of the historical development of the City and its predecessor jurisdictions. Nomination/application to the register is voluntary and must have the consent of the property owner. VIRGINIA BEACH HISTORICAL REVIEW BOARD (HRB): The HRB is an 8-member body, appointed by the City Council, responsible for the review of requests for new development and exterior building changes within the Historic and Cultural Districts. The HRB determines when to issue a Certificate of Appropriateness, which is required before a permit can be issued. VIRGINIA BEACH STUDENT LEADERS COMMITTEE: The Student Leaders Committee is comprised of high- school Junior and Senior students. The committee serves in an advisory role to the Historic Preservation Commission (HPC) on matters related to interests of young preservationists. The student group participates in advocacy, education, documentation, and outreach activities on behalf of the HPC. VIRGINIA CULTURAL RESOURCE INFORMATION SYSTEM (VCRIS): The Department of Historic Resources' statewide electronic cultural resources [GIS and database. It provides interactive views of information in the DHR Archives related to properties, historic districts, and archaeologial sites, and presents evaluative information about the historic significance of resources. VIRGINIA DEPARTMENT OF HISTORIC RESOURCES (DHR): A state agency under the Department of Natural Resources which acts as the State Historic Preservation Office in Virginia. VIRGINIA LANDMARKS REGISTER (VLR): Virginia's official list of properties important to state history, established in 1966 and managed by the Department of Historic Resources. W WORKMANSHIP:The physical evidence of the crafts of a particular culture or people; the techniques and skills necessary to execute or construct a particular detail or feature. Virginia Beach Historic Preservation Plan:Appendix 4 107 • , • • - CAMP -Commission Assistance and NCPTT- National Center for Preservation Mentoring Program Technology and Training CDBG - Community Development Block NPS - National Park Service Grant NRHP- National Register of Historic Places CLG -Certified Local Government NRN - National Register Nomination COA-Certificate of Appropriateness NTHP- National Trust for Historic Preservation CPG -Commonwealth Preservation Group PIF- Preliminary Information Form DHR -Virginia Department of Historic Resources PVA- Preservation Virginia FEMA- Federal Emergency Management RASAP- Resort Area Strategic Action Plan Agency STIR - Strategy,Transparency, Innovation, FF- Flood Factor Resiliency FTE - Full Time Employee VBHR -Virginia Beach Historical Register GIS -Geographic Information System VCRIS -Virginia Cultural Resource Information System HCDs- Historic and Cultural Districts VCU -Virginia Commonwealth University HPC - Historic Preservation Commission VDOT-Virginia Department of Transportation HRB - Historical Review Board VLR -Virginia Landmarks Register HSOC- Historic Sites Organizing Committee HUD - U.S. Department of Housing and Urban Development KHAW- Keeping History Above Water LMI - Low-and Moderate-Income MOA- Memorandum of Agreement MPD - Multiple Property Document NAPC - National Alliance of Preservation Commissions 108 Virginia Beach Historic Preservation Plan:Appendix 5 . 9 , 111 W.relli TONC111 , ��W The following pages include links and website How to Research your Historic Virginia Property addresses for further reference and help. This document outlines the different types of sources available when researching the history of a property, V I R G I N I A DEPARTMENT OF HISTORIC including city directories, deeds, plats, and Sanborn RESOURCES (DHR) maps. Certified Local Government Virginia Beach is a Certified Local Government(CLG), NATIONAL PARK SERVICE (NPS) which provides a means for communities to strengthen Technical Preservation Services(TPS) their local preservation programs by establishing a This division of NPS is responsible for historic partnership with the State Historic Preservation Office preservation at the federal level, by developing (SHPO). Benefits include access to grant funding for guidance on the preservation and rehabilitation preservation programs. of historic buildings and administering the Federal Historic Preservation Tax Incentives Program. Rehabilitation Tax Credits Find out more about the financial incentives available I he Secretary of Interior's Standards for historic resources. DHR administers both the state The Secretary of the Interior has four sets of standards and federal rehabilitation tax credit programs. for the treatment of historic properties: Preservation, Rehabilitation, Restoration, and Reconstruction. Click Classic Commonwealth: Virginia Architecture from on the section header to find out more about each the Colonial Era to 1940 approach. This publication was created to aid in identifying architectural resources in Virginia, providing a Tax Incentives brief overview of the historic and architectural The Federal Historic Preservation Tax Incentives development. program is administered by NPS in partnership with the Internal Revenue Service and State Historic New Dominion Virginia,Architectural Style Guide Preservation Offices (in Virginia, DHR). This program Created to aid in historic resource surveys and the provides a 20%income tax credit for the rehabilitation Virginia Cultural Resources Information System of eligible income-producing properties. (VCRIS) database, the New Dominion Style Guide provides an updated list of styles that emerged after How to Preserv, World War 11 (1946 to present day). This resource is TPS provides technical assistance and guidance particularly useful in identifying recent past resources. through Preservation Briefs and Preservation Tech Notes, which are both available on this page. These A Handbook and Resource Guide for Owners of documents are often referenced to inform best Virginia's Historic Houses preservation practices and appropriate treatment of This resource provides homeowners with best historic materials. preservation practices when project planning an historic home renovation. Virginia Beach Historic Preservation Plan:Appendix 6 109 Working on the Past in Local Historic Districts Virginia Historic Rehabilitation Tax Credits(HRTC) This resource provides an overview of the local This report breaks down the impact of the 94 approved historic district designation process, from adopting a HRTC projects in 2014 to put a dollar amount to the preservation ordinance to developing district design actual investment and extrapolates the data to speak guidelines. to the resultant job creation and economic output. Sustainability ECONOMICS This site provides information on the intersection VCU Economic Impact Studies: between historic preservation and sustainability, • Phase I: Economic Impact of Historic Rehabilitation including treatments to increase energy efficiency in Tax Credit Programs in Virginia historic buildings and information on new sustainable • Phase II: 30 Years of Impact: How the Main Street technology that is appropriate for use in historic Program Has Revitalized Virginia Communities preservation projects. • Phase III: The Economic Impact of Heritage Tourism in Virginia EDUCATIONAL RESOURCES AND STUDIES Preservation Virginia paired with the Center for Urban and Regional Analysis (CURA) at Virginia GENERAL Commonwealth University to conduct three studies Resources for Preservation Commissions to gauge the impact of preservation on Virginia's From the National Alliance of Preservation economy.The resulting reports put dollar amounts to Commissions,this site provides a number of resources the impact these preservation-based programs have to help support the work of local design review boards had on the state of Virginia. including preservation plans,technical assistance,and a professional network directory Older, Smaller, Better: Measuring how the character of buildings and blocks influences Virginia Preservation Toolkit urban vitality by the National Trust for Historic This site,created in partnership between the Tusculum Preservation's Preservation Green Lab. Institute at Sweet Briar College and the Virginia This May 2014 report asserts that neighborhoods Department of Historic Resources, works to provide with smaller, older buildings support more positive well-researched data regarding energy efficiency, economic and social activity than areas featuring community advocacy, and economic benefits of larger, newer buildings. The report provides tips for historic preservation. other communities to realize the benefits of their historic resources by implementing recommendations Preserving the Past, Building the Future: HRTC at informed by the case studies. Work in Virginia This study, completed by VCU's L. Douglas Wilder School of Government and Public Affairs, provides an analysis of the Historic Rehabilitation Tax Credit program. 110 Virginia Beach Historic Preservation Plan:Appendix 6 SUSTAINABILITY 6 Low-Cost, Energy Saving Tips for Homeowners Illustrated Guidelines on Sustainability for by the National Trust for Historic Preservation, Rehabilitating Historic Buildings by Technical Preservation Tips and Tools. Preservation Services, National Park Service. Tips for saving energy in your historic home by taking This document offers guidance on how to sensitively advantage of the existing features of historic buildings. make historic buildings more sustainable in a way, while preserving their historic character and DESIGN REFERENCES meeting The Secretary of the Interior's Standards for A Field Guide to American House by Virginia Savage Rehabilitation.The guidance also features illustrated McAlester examples of both appropriate and inappropriate A comprehensive guide to domestic American treatments. architecture, including illustrations and descriptions of house styles. Saving Energy in Historic Buildings: Balancing Efficiency and Value by John H. Culver and Brad Traditional Construction Patterns: Design & Detail Randall — published in APT Bulletin: Journal of Rules of Thumb by Stephen Mouzon Preservation Technology(41:1, 2010). A well-illustrated reference guide to traditional This article identifies the benefits of energy modeling construction details. and life-cycle costing as a means to increase energy efficiency in historic buildings in an appropriate way. Get Your House Right: Architectural Elements to Use &Avoid by Marianne Cusato and Ben Penetreath The Greenest Building: Quantifying the A guide to the details of traditional architecture, Environmental Value of Building Reus; by the including aesthetics of form and appropriateness to a National Trust for Historic Preservation's Preservation neighborhood. Green Lab. This study provides a comprehensive analysis of the potential environmental impact reductions associated with building reuse by utilizing a Life Cycle Analysis (LCA) methodology to compare the environmental impacts of building reuse and renovation versus new construction. 8 Ways to Green Your Historic Housc by the National Trust for Historic Preservation, Preservation Tips and Tools. A list of eight ways to increase the energy efficiency of your historic home without replacing the historic windows! Virginia Beach Historic Preservation Plan:Appendix 6 ill THIS PAGE INTENTIONALLY LEFT BLANK 112 Virginia Beach Historic Preservation Plan:Appendix 6 THIS PAGE INTENTIONALLY LEFT BLANK Virginia Beach Historic Preservation Plan:Appendix 6 113 N. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https://clerk.virginiabeach.gov/cam council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(d)vb o�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: httips:Hvbgov.webex.com/weblink/register/rdb593ed9c67f4553bl ac91 a390c l ba75 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 17, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 10/03/2023 PAGE: 1 R H C L H V R A H T W W U E A E M R U A 1 O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y I K D E N R N N I. CITY COUNCIL'S BRIEFINGS A. CONVENTION CENTER AND SPORTS Norm Jenkins,CEO, CENTER REQUEST FOR LETTER OF Capstone Development INTEREST AND QUALIFICATIONS UPDATE (Requested by Mayor Dyer and Council Member Remick) B. EASTERN VIRGINIA REGIONAL Doug Smith,President& INDUSTRIAL FACILITIES AUTHORITY CEO—Hampton Roads (Requested by City Council) Alliance C. PPEA INTERIM AGREEMENT UPDATE Melisa Ingram,Execute Director—VBCPS Facilities D. 5/31 MEMORIAL PLANNING UPDATE Emily Labows,Director— Cultural Affairs Chad Morris,Planning, Design,and Development Administrator—Parks and Recreation II-VI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A-F SESSION G. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS September 19,2023 2. FORMAL SESSION September 26,2023 H. MAYOR'S PRESENTATION 1. PROCLAMATION ARTS&HUMANITIES Emily Labows I. PUBLIC HEARINGS I. DECLARATION AND SALE OF EXCESS NO SPEAKERS CITY PROPERTY 1,804+/-square feet located at Ferry Point Road 2. DECLARATION AND SALE OF EXCESS 3 SPEAKERS CITY PROPERTY Development of the Dominion Energy Coastal Virginia Offshore Wind Project K.1. Resolution to DIRECT the City Attorney to ADOPTED,BY 9-1 Y Y N Y Y Y Y Y Y Y file a petition for a Writ of Special Election re CONSENT fill vacancy for District 1 K.2. Resolution to DIRECT the City Attorney to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y file a petition for a Writ of Special Election re CONSENT fill the vacant$in the Sheriff Office CITY OF VIRGINIA BEACH R SUMMARYOF COUNCIL ACTIONS O S B S E S DATE:10/03/2023 PAGE: 2 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O II M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y I' K D 1i N R N N K.3. Resolution to ESTABLISH partnership ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y between Indigenous Tribes and the City CONSENT (Requested by Vice Mayor Wilson and Council Members Berlucchi,Remick,Ross-Hammond, Rouse,Schulman,and Taylor) K.4. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y N Y Y N Y N Y N to EXECUTE a short-term Lease Agreement CONSENT with Lumos Telephone, LLC, re four (4) strands of dark fiber in the City 's Communications Network K.5. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y Y N Y N to EXECUTE a Lease for City-Owned CONSENT Property for up to five(5) years at Virginia Beach Farmers Market,Suite 815 re Beach N Seafood,LLC K.6. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y to EXECUTE a Lease for City-Owned CONSENT Property for up to five(5) years at Virginia Beach Farmers Market,Building 7,spaces 7& 8 re Creekmore's Place,LLC K.7. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y to EXECUTE a Lease for City-Owned CONSENT Property for up to five (5) years at Virginia Beach Farmers Market,Building 2,Space I 1 re Kempsville Florist&Gift Shop,Inc. K.8. Ordinance AUTHORIZE the City Manager to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease for City-Owned Property CONSENT for up to five (5) years at Virginia Beach Farmers Market,(a)Building 1,space 10 and (b)the Guard House Building re Seasons Best Bakery,LLC K.9. Resolution in SUPPORT of offering incentives ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y to prospective offerors responding to the Naval CONSENT Air Station Ocean& Request for Proposals for Competitive Out Grant K.10 Ordinance to AUTHORIZE and CONVERT a ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y part-time position to a full-time position in the CONSENT Opioid Abatement Program within the Department of Human Services K.11 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $9,886,400 from the National Fish and Wildlife CONSENT Foundation to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER as Pay-Go Funding to Capital Project #100551, "Stormwater Green Infrastructure," re construction of marsh island terraces in Back Bay K.12 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y $846,661 from the Federal Emergency CONSENT Management Agency(FEMA)to the FY 2023- 24 Fire Department Operating Budget re continued operations of the Virginia Task Force 2(VA-TF2)Urban Search and Rescue Team CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 10/03/2023 PAGE: 3 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S f AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOLE I I I R I Y I T I K I D I E I N I R I N N K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $456,860 from Eastern Virginia Medical CONSENT School to the FY 2023-24 Parks and Recreation Operating Budget re support the Out of School Time program K.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $275,000 from the Virginia Marine Resources CONSENT Commission to the FY 2023-24 Department of Public Works Operating Budget re the removal, and disposal of eighteen (18) abandon and derelict vessels (ADVs) and AUTHORIZE subrecipient grant to the Vessel Disposal&Reuse Foundation K.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $170,485.05 and an additional$4,409.70 from CONSENT the Federal Emergency Management Agency (FEMA)to the FY 2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA- TF2)re flooding in Vermont K.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $35,412.83 and an additional$1,062.38 from CONSENT the Federal Emergency Management Agency (FEMA)to the FY 2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA- TF2)re Hawaii Wildfires K.17. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $27,500 from the Governor's Agriculture and CONSENT Forestry Industries Development Fund Infrastructure Grant Program and AUTHORIZE$27,500 from the General Fund Reserve for Contingencies to the Virginia Beach Development Authority (VBDA) to provide the required local grant match re the installation of a new freezer and additional irrigation equipment at Cultipher Farm K.18. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $10,174 from the Virginia Beach Library CONSENT Foundation to the FY 2023-24 Public Library Operating Budget re purchase iPads for the children's spaces at various library branches K.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $9,595 from the Virginia State Police to the FY CONSENT 2023-24 Police Department Operating Budget re reimbursement of equipment purchased to investigate or prevent auto theft as part of the Help Eliminate Auto Theft (HEAT) program K.20. Ordinance to APPROPRIATE $43,231.90 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y from the sale of equipment to the FY 2023-24 CONSENT Fire Department Operating Budget for the Virginia Task Force 2 Team repurchase new vehicles K21. Ordinance to APPROPRIATE $5,000 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y fee revenue to the FY 2023-24 Commonwealth CONSENT Attorney Operating Budget re purchase supplies and support the operation of drug treatment court CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S 13 S 1 S DATE: 10/03/2023 PAGE: 4 R 11 C L H V R A H T W U E A E M R U A I C D N C M M 0 L Y I. C Y L A I O U M L S 1 AGENDA H E E N C N S A 0 O 1' ITEM# SUBJECT MOTION VOTE I R Y T K D E N I2 N N I.. APPOINTMENTS RESCHEDULED B Y C O N S I- N S tI S ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD BEACHES AND WATERWAYS Appointed: 10-0 Y Y Y Y Y Y Y' Y Y Y ADVISORY COMMISSION Robert C.Mandigo- Representing District 1 3 Year Term 10/3/2023—9/30/2026 COMMUNITY CRIMINAL JUSTICE Appointed: R)-0 Y Y Y Y Y Y Y Y Y Y BOARD Sheriff N.D."Rocky" Holcomb Unexpired term thin 3/31/2026 DEFERRED COMPENSATION Appointed: 10-0 Y Y Y Y Y Y' Y Y Y Y BOARD Sheriff N.D."Rocky" Holcomb No Term HISTORIC PRESERVATION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y COMMISSION Thomas J.Morgan Unexpired term thin 12/31/2024 PARKS AND RECREATION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y COMMISSION Stephen A.Rockefeller- Representing District 10 Unexpired term thru 2/28/2026 Sebastian Johnston- Representing Student Member Student term 10/3/2023—6/30/2025 PROCESS IMPROVEMENT STEERING Appointed: 10-0 Y Y Y Y Y Y Y Y ti' Y COMMITTEE Donna S.Turner No Term CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S 1, S DATE: 10/03/2023 PAGE: 5 R H C L H V R A H T W W U E A E M R U A 1 O C D N C M M O L Y L O C Y L A I O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N SOUTHSIDE NETWORK AUTHORITY Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y Vice Mayor Rosemary Wilson- Representing Voting Member Pedro Wallace- Representing Alternate Member 4 Year Term 11/15/2023—11/30/2027 VIRGINIA BEACH VA250 Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y COMMITTEE Charles Ball Sharon Felton Kristine Troch- Representing Education Field Linda Carrington Ellen"Becky"Perry Livas- Representing Cultural Group Alpheus Chewning Patrick Hannum Joanne House Christi Lyons James B.Wood- Representing Historical Group Stephen Mansfield Christopher Pieczynski- Representing University/College Kevin Kattwinkel Michael Winner 10/3/2023—7/4/2026 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 6:41 PM OPEN DIALOGUE 6:48 PM 2SPEAKERS