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HomeMy WebLinkAbout11-14-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 1rilA•B VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERL UCCHI-District 3 p4 BARBARA M.HENLEY-District 2 VACANT-District I U2 ROBERT W. "WORTH"REMICK-District 6 i DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 `o~'••s� --�'J .4+. JOASHUA F. 'JOASH"SCHULMAN-District 9 CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE C17YMANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS November 14,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BAWES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 12:30 PM A. HAMPTON ROADS SOCCER COMPLEX&NORTH AMERICAN SAND SOCCER CHAMPIONSHIPS Lauren Bland, Executive Director—Hampton Roads Soccer Complex Jon Schmeider, Founder& CEO—Huddle Up Group (Requested by Mayor Dyer, Vice-Mayor Wilson, and Councilmembers Berlucchi, Ross-Hammond, and Schulman) B. TOURISM ECONOMIC FINDINGS 1:00 PM Adam Sacks,President—Tourism Economics C. VBCPS REVERSION FUNDING 1:30 PM Crystal Pate, Chief Financial Officer—VBCPS D. VIRGINIA BEACH SPORTS CENTER UPDATE 2:00 PM Nancy Helman, Director—Convention&Visitors Bureau II. CITY COUNCIL LIAISON REPORTS 2:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:45 PM V. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Marlon King First Church of the Nazarene 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 17, 2023 2. SPECIAL FORMAL SESSION October 24, 2023 H. MAYOR'S PRESENTATION 1. RESOLUTION HAMPTON ROADS SOCCER COUNCIL Lauren Bland, Executive Director—Hampton Roads Soccer Complex I. PUBLIC HEARINGS 1. VACATION OF EASEMENT 20' public access easement at 2454 Starfish Road 2. LICENSE TO USE CITY PROPERTY Starbucks Corporation at 31 Ocean, 241 Laskin Road 3. LEASE OF CITY PROPERTY Approximately 9.7 +/- acres of land located at 1401 Southern Boulevard 4. APPROPRIATION OF REVENUE $20,095,296 from the Sale of Property to Dominion Energy Virginia for various Transportation Projects and Tree Mitigation 5. FY2022-23 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) Appropriation of Reversion Funding and Additional Revenue from the Commonwealth of Virginia(Requested by the School Board) J. PUBLIC COMMENT 1. Ordinance to APPROPRIATE fund balance of the Tourism Investment Program (TIP) fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sport Center K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES /RESOLUTIONS 1. Resolution to ADOPT the City's 2024 Legislative Agenda (Requested by the City Council) 2. Resolution to REQUEST the General Assembly Amend the City Charter Sections 3.01, 3.01:1, 3.02:1, 3.02:2, and 3.02:3 re implement ten (10) single-member District Election System (Requested by Mayor Dyer, Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, Taylor, and Wooten) 3. Resolution to REQUEST the General Assembly Amend the City Charter Section 8.07 re expand the Membership of the Board of Equalization (Requested by the Board of Equalization) 4. Resolution to ESTABLISH a 90-day Festival Task Force (Requested by Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, and Schulman) 5. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re the Lakes— South London Bridge Creek Channels and Gate Project, CIP 100521 6. Ordinance to AUTHORIZE the acquisition of easements, either by agreement or condemnation re the Kemps Lake Water Quality Improvement Project, CIP 100567 7. Ordinance to AUTHORIZE the Dedication of an 8,798 square feet (0.202 acre) Utility Easement to Dominion Energy Virginia over City-Owned property at Upton Drive/Nimmo Parkway re provide electrical service to the facility owned and operated by Hospice House 8. Resolution to APPROVE the issuance of Residential Care Facility Revenue Bonds by the Virginia Beach Development Authority (VBDA), not to exceed $525-Million, re Westminster- Canterbury on Chesapeake Bay 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement to join the Eastern Virginia Regional Industrial Facility Authority (EVRIFA) re promote the City's economic growth and development 10. Ordinance to AUTHORIZE temporary encroachments into a portion of a 15-foot unimproved City-Owned property right-of-way known as Ocean Shore Avenue re construct and maintain a gravel driveway, and a concrete City-standard driveway apron and to encroach into a portion of City-Owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue - District 8 11. Ordinance to ESTABLISH Capital Project #100667, "Rudee Loop Park Development," and TRANSFER $4-Million from the Tourism Investment Program (TIP) Fund to as Pay-As-You- Go funding re procurement of design services 12. Ordinance to DONATE out-of-service police equipment to the police departments of Libby, Montana; South Miami,Florida; Wrightsville Beach,North Carolina;New Bern,North Carolina and Madison, Alabama 13. Ordinance to TRANSFER $1.1- Million from the Consolidated Grant Fund to Capital Project #100589, "Central Utility Plant Enhancements-ARPA" re allow the city to proceed to construction on the project 14. Ordinance to TRANSFER $185,425 from the General Fund Reserves for Contingencies to the FY 2023-24 Voter Registration and Elections Operating Budget re fund the January 9, 2024, special election 15. Ordinance to ACCEPT and APPROPRIATE$25,144,014 in Federal Revenue to the FY 2023- 24 Capital Improvement Program amongst Four(4)Eastern Shore Drive Drainage Improvement Capital Projects and TRANSFER$6,195,518 between four(4)Eastern Shore Drive Drainage Projects 16. Ordinance to ACCEPT and APPROPRIATE $362,408 from the State Compensation Board to the FY 2023-24 Commonwealth's Attorney Operating Budget re salary increase for eligible positions 17. Ordinance to ACCEPT and APPROPRIATE $350,0000 from the Virginia Department of Behavioral Health and Development Services to the FY 2023-24 Department of Human Services Operating Budget and AUTHORIZE two (2) full-time positions re Project for Assistance in Transitioning from Homeless (PATH) Program 18. Ordinance to ACCEPT and APPROPRIATE $257,500 from the 9-1-1 Services Board of the Virginia Department of Emergency Management to the FY 2023-24 Department of Emergency Communications and Citizen Services Operating Budget re staff recognition and retention efforts 19. Ordinance to ACCEPT and APPROPRIATE an additional $162,547 from the Virginia Military Community Infrastructure Grant Program and Fund to the FY 2023-24 Police Department Operating Budget and TRANSFER as Pay-As-You-Go funding for Capital Improvement Program Project#100536, "Creeds Training Center Renovations" 20. Ordinance to APPROPRIATE $150,000 in Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund to the FY 2023-24 Police Operating Budget re police recruitment M. PLANNING 1. WHITNEY W. ELLIOT, MATTHEW E. MANCOLL & ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992, for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55 h Street, Unit B DISTRICT 6 RECOMMENDATION: APPROVAL 2. WHITNEY W. ELLIOT, MATTHEW E. MANCOLL & ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992, for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 219 54t' Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. EVERGREEN VIRGINIA, LLC for a Modification of Conditions re motor vehicles sales, rentals, and repairs at 240 & 248 North Lynnhaven Road and 2865 & 2893 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 4. BURNETTE BAUM DEVELOPMENT CORPORATION / RVB 3, LLC for a Modifications of Proffer and a Conditional Use Permit re car wash facility and at 5453 Wesleyan Drive DISTRICT 4 RECOMMENDATION: APPROVAL 5. EXCEL FITNESS VA 9, LLC DBA PLANET FITNESS / GENERAL BOOTH PROPERTIES OF VA BEACH, INC for a Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 6. ASHLEY GULLER for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL 7. THE FOUNTAIN, LLC for a Conditional Use Permit re short term rental at 307 34"' Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. TRACI R. McGLYNN & MICHAEL L. McGLYNN for a Conditional Use Permit re short term rent at 523 22°a Street DISTRICT 6 RECOMMENDATION: APPROVAL N. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH CDC VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes 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. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliusgvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbqov.webex.com/weblink/register/r704598eb4866c85c8db8O768fl 8c2b8e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 14, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:30 PM A. HAMPTON ROADS SOCCER COMPLEX&NORTH AMERICAN SAND SOCCER CHAMPIONSHIPS Lauren Bland, Executive Director—Hampton Roads Soccer Complex Jon Schmeider, Founder& CEO—Huddle Up Group (Requested by Mayor Dyer,Vice-Mayor Wilson, and Councilmembers Berlucchi, Ross-Hammond, and Schulman) B. TOURISM ECONOMIC FINDINGS 1:00 PM Adam Sacks,President—Tourism Economics C. VBCPS REVERSION FUNDING 1:30 PM Crystal Pate, Chief Financial Officer—VBCPS D. VIRGINIA BEACH SPORTS CENTER UPDATE 2:00 PM Nancy Helman, Director—Convention&Visitors Bureau II. CITY COUNCIL LIAISON REPORTS 2:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:45 PM V. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Marlon King First Church of the Nazarene 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 17, 2023 2. SPECIAL FORMAL SESSION October 24, 2023 H. MAYOR'S PRESENTATION 1. RESOLUTION HAMPTON ROADS SOCCER COUNCIL Lauren Bland, Executive Director—Hampton Roads Soccer Complex L PUBLIC HEARINGS 1. VACATION OF EASEMENT 20' public access easement at 2454 Starfish Road 2. LICENSE TO USE CITY PROPERTY Starbucks Corporation at 31 Ocean, 241 Laskin Road 3. LEASE OF CITY PROPERTY Approximately 9.7 +/- acres of land located at 1401 Southern Boulevard 4. APPROPRIATION OF REVENUE $20,095,296 from the Sale of Property to Dominion Energy Virginia for various Transportation Projects and Tree Mitigation 5. FY2022-23 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM (CIP) Appropriation of Reversion Funding and Additional Revenue from the Commonwealth of Virginia(Requested by the School Board) PUBLIC HEARING VACATION OF EASEMENT The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,November 14,2023 at 6:00 p.m.in the Council Chamber, City Hall - Bldg. 1, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia 23456. The purpose of this hearing is to obtain public comment on the vacation of the 20'public access easement located along the eastern boundary of 2454 Starfish Road (GPIN: 1590-00- 9705) owned by Westminster- Canterbury on Chesapeake Bay, between Ocean Shore Avenue and the sandy beach along the Chesapeake Bay,to relocate the public access easement approximately 140' eastward of its current location. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385- 4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the 04h Department of Public Works - Real Estate Office, 2473 N. Landing Road,Bldg.23,Virginia Beach, Virginia 23456, (757) 385-4161, PWRea]Estate@vbgov.com. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/w ebl i nk/register/r704598eb 4866 8b80768ft 12 2. Register with the City Clerk's Office by calling 757-385 4303 prior to 5:00 p.m.on November 14,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:November 5,2023 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Vacation of a 20' Public Access Easement Located Along the Eastern Boundary of 2454 Starfish Road Subject to the Dedication of an Improved Public Access Easement Approximately 140' Eastward of 2454 Starfish Road, at the Request of Westminster-Canterbury on Chesapeake Bay PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: On August 19, 1974, City Council approved the closure of Avenue A and a portion of Ocean Avenue (M.B. 5, P. 71), subject to a condition that public access easements to the sandy beach along the Chesapeake Bay be dedicated to the City. On April 18, 1975, a public access easement located north of the northern terminus of Starfish Road (the "Easement"), was dedicated to the City as part of the conditions of the street closure. Thereafter, the Easement was relocated approximately 180 feet westward in 1975 and returned to its approximate initial location in 1982 (M.B. 162, P. 26). The Easement is 20 feet wide and runs along the eastern boundary of 2454 Starfish Road (GPIN: 1590-00-9705), as shown on Exhibit A attached to the Ordinance. The property on which the Easement is currently located is owned by Westminster- Canterbury on Chesapeake Bay ("WCCB"). WCCB is requesting that the Easement be vacated and that the beach access be relocated to a new public access easement approximately 140 feet eastward to the easternmost property line of WCCB's parcel known as GPIN: 1590-10-0956 (the "New Easement"), as shown on the Location Map. WCCB proposes that it will construct a new beach access with an ADA-compliant ramp in the New Easement. WCCB is seeking to expand its campus eastward and construct a new independent living tower. The tower is proposed to be constructed over the Easement, as shown on the conceptual plan submitted to City Council with the modification of conditions to the Conditional Use Permit approved on September 22, 2020 (the "Modification"). Condition #7 of the Modification requires WCCB to obtain the approval of City Council "to relocate the existing public beach access from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line" prior to the approval of the construction plans. ■ Considerations: City staff reviewed WCCB's request to vacate the Easement and recommends approval of same, subject to the following conditions: 1. The New Easement will be at least 20 feet wide and located along the easternmost boundary of WCCB's parcel of land now known as GPIN: 1590-10- 0956; 2. WCCB will construct the relocated public beach access in the New Easement substantially as shown on the rendering attached to the Ordinance as Exhibit B, subject to such minor modifications approved by the Director of Planning; 3. The Deed of Dedication for the New Easement must be approved by the City Attorney's Office prior to recordation; and 4. The Deed of Vacation shall not be delivered or recorded until the relocated public beach access in the New Easement has been constructed, inspected and accepted by the City. The site plan for the new independent living tower, the site plan for the relocated public access, and a deed of easement to dedicate the relocated public access are currently under review in the Planning Department. A supermajority vote of City Council is required to vacate the Easement because (a) the Easement has been devoted to public use for access to and from the sandy beach along the Chesapeake Bay; (b) the Easement is a perpetual easement; and (c) the vacation of the Easement conditioned on the dedication of the New Easement is tantamount to a sale, pursuant to 2008 Op. Va. Att'y Gen. 73, 2008 Va. AG LEXIS 9 (Dec. 1, 2008). ■ Public Information: Advertisement for a public hearing as required by §1502- 1800 Code of Virginia. A public hearing will be held on November 14, 2023. Public notice also will be provided via the normal City Council agenda process. ■ Alternatives: Deny the vacation of the Easement. ■ Recommendations: Approve the request subject to the terms and conditions of the Ordinance. ■ Attachments: Ordinance, Exhibits, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: X49 1 AN ORDINANCE TO AUTHORIZE THE VACATION 2 OF A 20' PUBLIC ACCESS EASEMENT LOCATED 3 ALONG THE EASTERN BOUNDARY OF 2454 4 STARFISH ROAD SUBJECT TO THE DEDICATION 5 OF AN IMPROVED PUBLIC ACCESS EASEMENT 6 APPROXIMATELY 140' EASTWARD OF 2454 7 STARFISH ROAD, AT THE REQUEST OF 8 WESTMINSTER-CANTERBURY ON CHESAPEAKE 9 BAY 10 11 WHEREAS, on August 19, 1974, the City Council adopted an ordinance for the 12 closure of Avenue A and the northern 40' of Ocean Avenue as shown on M.B. 5, P. 71; 13 14 WHEREAS, a condition of the closure was the dedication of public access i5 easements to the sandy beach along the Chesapeake Bay to the City; 16 17 WHEREAS, on April 18, 1975, a public access easement located north of the 18 northern terminus of Starfish Road (the "Easement"), was dedicated to the City as part 19 of the conditions of the street closure; 20 21 WHEREAS, the Easement was relocated approximately 180 feet westward in 22 1975, returned to its approximate initial location in 1982 (M.B. 162, P. 26), and is 20 feet 23 wide running along the eastern boundary of 2454 Starfish Road (GPIN: 1590-00-9705), 24 where it exists today, as shown on Exhibit A attached hereto and made a part of this 25 Ordinance; 26 27 WHEREAS, Westminster-Canterbury on Chesapeake Bay ("WCCB") is the 28 owner of 2454 Starfish Road (GPIN: 1590-00-9705); 29 30 WHEREAS, WCCB is seeking to expand its campus eastward and construct a 31 new independent living tower to be partially located on its property at 2454 Starfish 32 Road; 33 34 WHEREAS, WCCB is requesting that the Easement be vacated in exchange for 35 the relocation of the Easement to approximately 140 feet eastward of 2454 Starfish 36 Road, along the easternmost boundary of WCCB's property known as GPIN: 1590-10- 37 0956 (the "New Easement"), within which it will construct a new public beach access 38 with a ramp that will be ADA-compliant; and 39 40 WHEREAS, it is the judgment of the City Council that the Easement be vacated 41 subject to certain conditions having been met. 42 43 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 44 VIRGINIA: 45 46 1. That the hereinafter described public access easement be vacated subject to 47 certain conditions being met: 48 ALL THAT easement situate, lying and being in the 49 City of Virginia Beach, Virginia, designated and 5o described as "20' PUBLIC ACCESS EASEMENT 51 (M.B. 162, PG. 26) (5,784 SQ. FT. OR 0.133 ACRES) 52 PROPOSED TO BE VACATED", and shown as the 53 hatched area on that certain exhibit entitled "EXHIBIT 54 `A" Proposed Vacation of a 20' PUBLIC ACCESS 55 EASEMENT (M.B. 162, PG. 26) Virginia Beach, 56 Virginia", Scale 1" = 60', dated October 26, 2023, 57 prepared by WPL, a copy of which is attached hereto 58 as Exhibit A. 59 60 2. That the vacation of the Easement shall be subject to the following 61 conditions: 62 63 a. The New Easement will be at least 20 feet wide and 64 located along the easternmost boundary of WCCB's 65 parcel of land now known as GPIN: 1590-10-0956; 66 67 b. WCCB will construct the relocated public beach 68 access in the New Easement substantially as shown 69 on the rendering attached hereto as Exhibit B and 70 made a part hereof, subject to such minor 71 modifications approved by the Director of Planning; 72 73 c. The Deed of Dedication for the New Easement shall 74 be approved by the City Attorney's Office prior to 75 recordation; and 76 77 d. The Deed of Vacation shall not be delivered or 78 recorded until the relocated public beach access in the 79 New Easement has been constructed, inspected and 80 accepted by the City. 81 82 3. That the City Manager or his designee is authorized to execute all 83 documents that may be necessary or appropriate in connection with the actions stated 84 above, and including such terms, conditions or modifications as may be acceptable to 85 the City Manager and in a form deemed satisfactory by the City Attorney. 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 88 of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: b LGl(�C� �• Gth,�� PKbli6 Works Real Estate City Attorney CA16252 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d024\p042\00921916.doc R-1 11/2/23 EXHIBIT A NOTES N/F THE MERIDIAN SOURCE OF CITY OF VIRGINIA BEACH THIS EXHIBIT IS BASED ON (D.B. 2087, PG. 169) THE VIRGINIA STATE PLANE GPIN: 1590-00-8974 (M.B. 145, PG. 29) CONCRETE SEWALL I SOUTH COORDINATE SYSTEM,ONE, NAD 1983/1993 (HARN). IV.- J,500,857 92 I i `cam N.- 3,50g901.81 I COORDINATE VALUES SHOWN E.12,190,729.64 ( Q� E.12,190,935.96 ARE EXPRESSED IN U.S. N 7759 24' E 210.94' SURVEY FEET. I 190.93' p� THIS EXHIBIT IS INTENDED EX. 20' DRAINAGE EASEMENT 20.01' �� TO SHOW THE PUBLIC I I (M.B. 143, PG. 55) I ACCESS EASEMENT PROPOSED TO BE VACATED I I I I AND IS NOT INTENDED FOR I A VARIABLE WIDTH INGRESS-EGRESS EASEMENT ANY OTHER PURPOSE THAN II o� (AS SHOWN) FOR PEDESTRIAN USE ONLY TO BE I GENERAL REFERENCE. GRANTED FROM WESTMINSTER—CANTERBURY TO I I I I amp LOT AB FOR THE EXCLUSIVE USE BY THE N/F 1 II N OWNERS OF LOT AB. (M.B. 162, PG. 26) V0i o LOT C \ I 3 30' ACCESS h VN 1 N WESTMINSTER- \ \ oil I CANTERBURY ON w \ EASEMENT FOR 20' PUBLIC of c� K" cV SAND N 1�31 CHESAPEAKE BAY O N REPLENISHMENT ACCESS EASEMENT I/+ � h �o (I.N. 2023004257) N (M.B. 162, PG. 26) (M.B. 162, PG. 26)---� N (M.B. 111, PAGE 48) � � I (5,784 SQ. FT. OR f'�1 W GPIN: 1590-00-9984 `- \ 2 0.133 ACRES) 3 r/Oj \ PROPOSED TO N I Z ' BE VACATED N/F r WEST INSTER WESTM� AST o I �,Q►L QF NER_ CANTERBURY OF HAMPTON ROADS INC CANTCHESERBURY ON BAY I �G� (D.B. 1714, PG. 172) (I.N. 2023004257) 5' DRAINAGE & I & UTILITY EASEMENT GPIN: 1590-00-9705 RIC ARNER►-' (D.B. 1965, PG. 753) (M.B. 162, PG. 26) (M.B. 151, PG. 48) I LiC. 2904 GPIN: 1590-00-4510 (M.B. 162, PG. 26) I 1012712023 II 179.91' 20.01' I Q�� SURQ� .o�, S 78'07'34' W 199.92' OCEAN SHORE AVENUE 0 60 120 VARIABLE WIDTH I (60' R/W) (M.B. 109, PG. 28) PUBLIC DRAINAGE I (FORMERLY OCFAN AVDVUE) (M.B. 5, PG. 71) EASEMENT GRAPHIC SCALE (M.B. 162, PG. 26) 160' TO STARF7SH RD. SCALE' 1 a=60' SHEET 1 OF 1 EXHIBIT 'A' PROPOSED VACATION OF A 20' PUBLIC ACCESS EASEMENT (M.B. 162, PG. 26) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying 757-431-1041 m date: 10/26/2023 fb/pg: 1063/46-48, 1064/13 proj. no.: 219-0110 Civil Engineering wplsite.com 242 MUSTANG TRAIL, SUITE B VIRGINIA BEACH, VIRGINIA 23452 file: 219-0110_Plat (IL).dwg plat ref.: L-1348 CAD/chk: EG/eg ar■ as ra�rsano no if MI +ii �I IEiaIft IItCI( M' � 1 O 213MOlAt8f� s 4 m s_It �t o:���E MHI :�■�IIaEI@ i=1 H E [ ( gilIE ■a9� �yf�}�ayip3 � gs °�g p€�6I� � 3] l,aE ]IE� Ige �gp�tla¢� to �CS��•y' E3�Ig! €EI■Ey 1 #a;rya Al !1 E` ---_---- — -- — — — — — — `'T I 0 a N — O i a � ' e : 1II; aI Hlk I ai ei � 13 6c r =—r —4 ---- i i� 0 8 1181HX3 7 1: SITE PUBLIC ACCESS EASEMENT -TO gE OP t)%CA S"09,r---G?,E5 20, (;Cess P, Se F-SIT SH VACAjED ARE---- I L Legend LOCATION MAP 1590-00-9705 VACATION OF EASEMENT REQUEST 1590-10-0956 LO FOR 3 WESTMINSTER CANTERBURY Public Access Easement To Be Vacated 100 GPIN: 1590-00-9705 Public Access Easement To Be Dedicated ::::m Feet City Property 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 10/25/2023 K\CADD\Projects\ARC Files\AGENDA MAPS,1 590-00-9705\1 590-00-9705 mxd Disclosure Statement X13 Oty ofv-ih- 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 Westminster-Canterbury on Chesapeake Bay Does the applicant have a representative? M Yes ❑ No • If yes,list the name of the representative. J.Benjamin Unkle,Jr.President and CEO 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) See attachment. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attachment. '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Disclosure Statement W c1ty of VUV=Beach- z.. 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. See attachment 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 9 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. See attachment. 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. See attachment. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement W City oft'uy�w Baal, 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. See attachment. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Kimley-Horn(Civil Engineer),WPL(Survey) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes,identify the firm and individual providing the service. R J Nutter,RJN Law LLC. See attached for firms and individual providing additional legal services. Applicant Sianature 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. Ap i n Signa re int Name and Title J.Benjamin Unkle,Jr.,President and CEO 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. ONLY/FOR C17Y USE applicationsthat pertains to the No changes as of Date Signature Print Name Revised 11.09.2020 3 Y a Disclosure Statement W City of 6 uginiv sawn Planning & Community Development Continue to Next Page for Owner Disclosure NOTE: OWNER IS SAME AS APPLICANT Revised 11.09.2020 4 1 P a g e WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Lisa B. Smith, Chair Richard C. Burroughs, Vice Chairman John D. Cavanaugh, CPA, Treasurer Lisa B. Smith, Esquire, Secretary J. Benjamin Unkle, Jr., President & CEO David B. Myers, Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary & VP of Resident & Health Operations Mark Borst, VP of Development & General Services Board of Tc•ustees Richard B. Thurmond Richard C. Burroughs John D. Cavanaugh, CPA Lisa B. Smith, Esquire Dr. Townsend Brown, Jr., DDS PC Clint Damuth Ronald"Ron" C. Ripley Charles D. Robison George I. Compo Bob Taylor Dr. George Wong Katherine C. Willis Elwood B. Bootie, III The Rev. Albert G. Butzer, III Theresa "Terry" Whibley Armistead Williams Ex-Officio The Rt. Rev. Susan Haynes The Rev. Liza Hendricks, General Presbyter 1-1802120.1 WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY SECTION 3—SERVICE PROVIDERS 1. Accounting Services: Jeremy Hicks, CPA, Principal Clifton LarsonAllen 227 West Trade Street, Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: j Senior Managing Underwriter: i Tad Melton Adam Garcia Ziegler Ziegler 5701 Patterson Avenue, Suite 200 5701 Patterson Avenue, Suite 200 Richmond,VA 23226 Richmond,VA 23226 804-793-8487 804-793-8487 i 1-1801264.1 3. Legal Services: Bond Counsel: General Counsel: Thomas William (TW) Bruno Hugh L. Patterson McGuire Woods LLP Willcox &Savage, P.C. 800 East Canal Street 440 Monticello Avenue Richmond, VA 23219 Suite 2200 804-775-1853 Norfolk, VA 23510 757-628-5557 Brian C. Purcell Willcox & Savage, P.C. 757-628-5688 Stephen W. Brewer Willcox & Savage, P.C. 757-628-5595 Underwriter's Counsel: Kevin White,Butler Snow, LLP 919 East Main Street,Suite 600 Richmond,Virginia 23219 804-762-6036 Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street, Suite 1850 Richmond,VA 23219 704-771-7934 2 1-1 BO 1264.I 4. Construction Services General Contractor John Berotti The Whiting-Turner Contracting Company 1317 Executive Boulevard, Suite 120 Chesapeake, VA 23320 757-382-0002 S. Design Services Architect David Dillard HKS Inc. P. 0. Box 731121 Dallas, TX 75373-1121 214-969-5599 3 1-1801264.1 (!tC F t PUBLIC HEARING LICENSE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,November 14,2023 at 6:00 p.m.in the Council Chamber, City Hall - Bldg. 1, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia 23456. The purpose of this hearing will be to obtain public comment on the proposed license to use the following City property: Approx. 50 square feet of space located outside,under the roof line,and next to the business operated by Starbucks Corporation at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451,for outdoor seating. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired,call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Convention and Visitors Bureau, 600 221d Street,Virginia Beach, Virginia 23451,(757)385-4700. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/w ebl i nk/register/r704598eb 4866c85c8db80768f18c2 b e 2. Register with the City Clerk's Office by calling 757-385 4303 prior to 5:00 p.m.on November 14,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:November 5,2023 ram.,.......�.._...--,.-.,....... 9 40 ,•^ ems'" J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a License Agreement with Starbucks Corporation for the Use of Approximately Fifty (50) Square Feet of City-owned Property for an Outdoor Seating Area at 31 Ocean PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: Since 2008, Starbucks Corporation ("Starbucks") has licensed from the City an outdoor seating area of approximately fifty (50) square feet located immediately In front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"). Starbucks proposes to enter into a new license agreement for the Licensed Area from the City for a one (1) year term with four(4) one-year renewal options. Starbucks would be allowed to place tables and chairs in the Licensed Area and be responsible for the maintenance of the Licensed Area. Starbucks would be required to comply with other regulations consistent with other outdoor seating areas throughout the City. Use of the Licensed Area has been treated as a license agreement and not as a cafe franchise because: (a)this property is not located in the right-of-way; and (b) Starbucks will not provide table service to the Licensed Area. ■ Considerations: Starbucks has agreed to pay an initial rental rate of$1,168.56 annually for the first year of the agreement, with that amount increasing by three percent (3%) each successive year. The license agreement would be consistent with other uses at the 31 Ocean development. N Public Information: Notice of Public Hearing will be advertised in The Virginian-Pilot on November 5, 2023. Public notice will be provided via the normal City Council agenda process. 0 Alternatives: Approve License as presented, change conditions of the License or deny licensing of the space. s Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LICENSE AGREEMENT 3 WITH STARBUCKS CORPORATION FOR THE USE 4 OF APPROXIMATELY FIFTY (50) SQUARE FEET 5 OF CITY-OWNED PROPERTY FOR AN OUTDOOR 6 SEATING AREA AT 31 OCEAN 7 8 WHEREAS, since 2008, Starbucks Corporation ("Starbucks"), has licensed from 9 the City an outdoor seating area of approximately fifty (50) square feet located 10 immediately in front of and under the roof-line of the Starbucks store located at 31 11 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the"Licensed Area"); 12 13 WHEREAS, Starbucks proposes to enter into a new license agreement for the 14 Licensed Area from the City for a one-year term with four one-year renewal options; 15 16 WHEREAS, the Licensed Area would continue to be used by Starbucks as a 17 seating area for its customers, and for no other purpose; and 18 19 WHEREAS, the Convention and Visitors Bureau's Resort Management Office 20 recommends that the City enter into a license agreement with Starbucks in accordance 21 with the Summary of Terms, attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Manager is hereby authorized to execute a license agreement for a 27 one-year term, with four one-year renewal options, between Starbucks Corporation and 28 the City, for the Licensed Area, in accordance with the Summary of Terms attached 29 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 30 modifications as may be acceptable to the City Manager and in a form deemed 31 satisfactory by the City Attorney. 32 33 Adopted by the City Council of Virginia Beach, Virginia on this day of 34 ,2023. Approved as to Content: Approved as to Legal Sufficiency: Con entio=nd Visitors Bureau City Attorney's Office Resort Management CA16062 &bgov.com\d 1l applica#ons\atylawlcycom32\wpdocs\dO23tpO45\M21581400 R-1 October 30, 2023 EXHIBIT A SUMMARY OF TERMS LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF CITY-OWNED REAL PROPERTY AT 31 OCEAN LICENSOR: City of Virginia Beach LICENSEE: Starbucks Corporation, a Washington corporation PREMISES: 50 square feet of City-owned property located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451 INITIAL TERM: December 1, 2023 through November 30, 2024 RENEWAL: Four optional one-year terms TERMINATION: City shall have the right to terminate if necessary for a public purpose by giving sixty (60) days' notice. RENT: Initial Term: $1,168.56 per year 1st optional renewal - $1,203.62 per year. 2"d optional renewal - $1,239.73 per year. 3rd optional renewal - $1,279.92 per year. 4th optional renewal - $1,315.23 per year. RESTRICTIONS ON USE OF LICENSED AREA: • Any live or recorded music played in the Licensed Area shall conform to the City's Cafe Guidelines for entertainment or live music. • Materials placed in Licensed Area must be approved by the City and no logos other than Starbucks' logo shall be permitted. • All items placed in the Licensed Area must be removed each night at the close of business. • No extraneous items such as menu boards, signs or portable heaters in the Licensed Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Licensed Area is prohibited. i� LOCATION MAP r `! a 24280273230000 '•' + 3101 ATLANTIC^E �l ToxParce1: q + 1 7 24280253600000 Tax Parcel: 3100 ATLANTIC AE 1' 24260232760000 210 LAS 14N RD To x Pa rce I: y 24260242740000 Parcel: y� m ' TaxParcei 02530000 1, W, 2428027242WO NRDSTE g n 399 - �. q + � —T-axPai 124280V I n 2TgaxParceplppp 205�N RD k a 1 t Tax*Pp rae ah" ' 1 24126 25PACIFI8 000Yet m nsed A ._ osed Lice Seatin�l AVE p��p ft.outdoor 3028 ATLAN�N111C ACE � 1 Disclosure Statement X� City of Virymj hard+ 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 Starbucks Corporation(dba Starbucks#8888) Does the applicant have a representative? ® Yes ❑ NO • If yes,list the name of the representative. Tony Schierberl 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) Tony Schierberl See attached for additional names. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) See attached store list "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 Disclosure Statement X " City Of UMIO&I hn111 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 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-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 H 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. Revised 11,09.2020 2 P a g e Disclosure Statement U3 s--_ Planning &Gommuni 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 FE 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 Tony Schierberl,Manager,Lease Portfolio Management Print Name and Title 11/06/2023 Date Is the applicant also the owner of the subject property? ❑ Yes K NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ updated two(2)weeks prior to any Planning Commission and City Council 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 C'uy qfV yilnu"—h — Planning& Cornmun' Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e ii Disclosure Statement Sf g of h5rgeuio BRx� �w Planning &Commun' Developtn Owner Disclosure Owner Name City of Virginia Beach Applicant Name Starbucks Corporation(dba Starbucks#8888) Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ NO • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement Planning & Cammuni Development Owner Services Disclosure 1. Does the Owner 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 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 City ofViyiml paxh 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,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 Print Name and Title Date Revised 11.09.2020 7 1 P a g e Entity Information Entity Information Entity Name: STARBUCKS CORPORATION Entity ID: F1114984 Entity Type: Stock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: N/A Status Date: 08/06/1992 VA Qualification Date: 08/06/1992 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: WA Charter Fee: $2500.00 Registration Fee Due Date: Not Required Registered Agent Information RA Type: Entity Locality: RICHMOND CITY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: CORPORATION SERVICE Registered Office Address: 100 Shockoe Slip FI 2, Richmond, COMPANY VA, 23219 -4100, USA Privacy Policy(https:%/wv w.scc.virginia:gov/privacy.aspz) Contact Us(https://in .scc.virgfnia.gov/dlk/clk_contaat.aspz) Principal OffpgpRgiOW-facebook.com/VirginiaStateCorporationCommission) (https:/ttwifter.com/VAStateCorpComm) Address: 2401 Utah Ave S Ste 800, MS:S- LA1, Seattle,WA, 98134- 1435, USA Principal Information Last Title Director Name Address Updated Yes Andrew Campion 2401 Utah Ave S, Suite 800, Seattle,WA, 98134- 1435, USA 09/01/2023 Yes Beth Ford 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Yes Howard Schultz 2401 Utah Ave S, Seattle,WA,98134 - 1435, USA 09/01/2023 Vice President No Joanie Kim 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Yes Jorgen Vig 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 Knudstorp 1435, USA Assistant Secretary No Josh Gaul 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 1435, USA Vice President No Julie Wieting 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 1435, USA Chief Executive Officer Yes Laxman Narisimhan 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Privacy Policy(https://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov/clk/clk_oontact.aspx) (https://www.facebook.comNirginiaStateCorporationCommission) (https://tv ifter.comNAStateCorpGommlas t Title Director Name Address Updated Yes Mellody Hobson 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Vice President, No Petr Filipovic 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 Treasurer 1435, USA Yes Richard E Allison Jr. 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle, WA, 98134 - 09/01/2023 1435, USA Yes Satya Nadella 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Current Shares Total Shares: 2407500000 Filing History RA History Name History Previous Registrations Garnishment Designees Image Request Back Return to Search Return to Results; Back to Login Privacy Policy(https://www.scc.virginia.gov/privacy.aspx) Contact Us (hftps://www.scc.virginia.gov/clktclk—contact.aspx) Starbucks Corporation Virginia Beach Locations 8888 31 Ocean 241 Laskin Road Virginia Beach VA 23451 7542 Fordham Dr.&Kempsriver Drive 1390 Fordham Drive Virginia Beach VA 23464 7720 Lynnhaven Mall 701 Lynnhaven Pkwy Virginia Beach VA 23452 7756 Red Mill Commons 1169 Nimmo Parkway Virginia Beach VA 23456 7766 Princess Anne 2005 Lynnhaven Parkway Virginia Beach VA 23456 7894 Little Neck 3504 Virginia Beach Blvd Virginia Beach VA 23452 7911 Independence Blvd&Investors Place 465 INVESTORS PLACE Virginia Beach VA 23452 9678 Phoenix Ave and Lynnhaven Parkway 660-101 Phoenix Avenue Virginia Beach VA 23452 9731 Virginia Beach&Independence Blvd 233 Independence Blvd. Virginia Beach VA 23462 100921 Northampton Blvd. 5824 Northampton Blvd. Virginia Beach VA 23455 11210 Hilltop North 1612 Laskin Road Virginia Beach VA 23451 14418 Landstown Commons 3376 Princess Anne Rd Virginia Beach VA 23456 17020 Haygood Road and Independence Blvd 1099 Independence Blvd Virginia Beach VA 23455 18276 Providence&Kempsville-VA BEACH 5232A Providence Road Virginia Beach VA 23464 19499 London Bridge 2300 Virginia Beach Blvd. Virginia Beach VA 23454 21598 Great Neck&Mill Dam 1416 North Great Neck Virginia Beach VA 23454 22264 Holland Century Shoppes 3917 Holland Rd Virginia Beach VA 23452 60180 S.Witchduck&Princess Anne Road 5152 Princess Anne Road Virginia beach VA 23462 62735 General Booth&Nimmo,Hickman Place 2160 General Booth Blvd Virginia Beach VA 23454 62827 First Colonial Rd&Donna Dr. 561 First Colonial Rd Virginia Beach VA 23451 628981 Princess Anne&Landstown Center 1933 Landstown Center Way Virginia Beach IVA 23456 676681 Kings Grant 13217 Virginia Beach Blvd Virginia Beach IVA 23452 me Entity ID Entity Name Na a Entity Type Principal Office Address RA Name Status F1114984 TEAVANA(ARLINGTON CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Fl 114984 TEAVANA(CHESTERFIELD CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 TEAVANA(FAIRFAX CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 TEAVANA(HAMPTON CI) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 TEAVANA(HENRICO CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 TEAVANA(LOUDOUN CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 TEAVANA(NORFOLK CI) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 TEAVANA(SPOTSYLVANIA Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAl, CORPORATION SERVICE CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS#7706 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE (ARLINGTON CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active FI 114984 STARBUCKS#8773(PRINCE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE WILLIAM CO Name Co Active Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114994 Starbucks Coffee#57684 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY FI 114994 STARBUCKS COFFEE#710 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE (FAIRFAX CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active FI 114994 STARBUCKS COFFEE#727 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE (FAIRFAX CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE (ALBEMARLE CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE(YORK Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active FI 114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE COMPANY Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA 1, CORPORATION SERVICE ENRICO ame Co Active COMPANY(II CO)} Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 900,MS:S-LAI, CORPORATION SERVICE COMPANY(ROANOKE CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE#58171 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE CAMPBELL ctive ( CO)) Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#60180 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active FI 114984 STARBUCKS COFFEE#60629 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active (MARTINSVILLE CI) Name Corporation Seattle,WA,98134-1435,USA COMPANY Fl 114984 Starbucks Coffee#62827 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114994 Starbucks Coffee#63947 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#64841 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Na Corporation Seattle,WA,98134-1435,USA COMPANY Active Nam F1114984 Starbucks Coffee#65192 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffee#65230 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Stmrbucks Coffee#66358 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffee#66416 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coffee#67477 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114994 Starbucks Coffee#67490 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coffee#67640 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffee#67642 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Nance Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#67668 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffee#67827 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#68575 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS COFFEE#69299 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffee#69864 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114994 Starbucks Coffee#71981 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAl, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#77789 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS CORPORATION Legal Name Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Corporation Seattle,WA,98134-1435,USA COMPANY } PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City- owned property on Tuesday, November 14,2023 at 6:00 p.m. in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed lease of the following City-owned property: Approximately 9.7t acres of land located at 1401 Southern Boulevard (GPIN: 2417-24-1080) If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call TOO 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works Real Estate - 2473 N Landing Rd, Building 23,at the Virginia Beach Municipal Center. Public Works Real Estate's telephone number is(757)385-4161. 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: httns,//vbPov.webex.com/w ebI'nk/revIster/r7O4598eb 4866c85c8db80768f18c2 b& 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m.on November 14,2023. All Interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:November 5,2023 S �i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for up to five (5) years with Earth in Motion LLC, for City-owned land located at 1401 Southern Boulevard PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The City of Virginia Beach (the "City") owns a 9.7± acre parcel of land located at 1401 Southern Boulevard (GPIN: 2417-24-1080 (the "Premises"). The City acquired the Premises for the Southeastern Parkway Project (CIP 2-089) in February of 2007, and the Premises has been leased to various tenants in the interim. The City issued a Request for Proposal to lease the Premises, and Earth in Motion LLC ("EIM") responded with a proposal to lease the Premises for up to 5 years to store equipment and materials and for use as a laydown yard. EIM was the only respondent. ■ Considerations: The proposed lease term would be for three (3) years. After the initial term, EIM may extend the lease, subject to the City's consent, for two successive one-year terms. EIM will pay the City $5,000 per month ($60,000 per year) for the first year, with a 3% escalation each year thereafter. EIM would also be responsible for the leasehold taxes on the Premises. The Premises is located in Accident Potential Zone-1, and the proposed use is compatible. ■ Public Information: Notice of the Public Hearing was advertised in The Virginian-Pilot on November 5, 2023. A public hearing was held on November 14, 2023 and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Alter terms of proposed lease, or decline to lease the Premises. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: f�o 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE (5) YEARS WITH EARTH IN MOTION 4 LLC, FOR CITY-OWNED LAND LOCATED AT 5 1401 SOUTHERN BOULEVARD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 8 1401 Southern Boulevard (GPIN: 2417-24-1080) (the "Premises"); 9 10 WHEREAS, through a Request for Proposal process, Earth in Motion LLC 11 ("EIM") was chosen as the candidate to lease the Premises; 12 13 WHEREAS, the City and EIM desire to enter into a lease agreement for EIM's 14 use of the Premises to store equipment and materials and as a laydown yard, and for no 15 other purpose; and 16 17 WHEREAS, EIM has agreed to pay the City an annual lease amount at 18 market rates, for a term of three (3) years with two (2) optional renewal terms of one (1) 19 year each, subject to the City's consent, as shown on the Summary of Terms attached 20 hereto as Exhibit A. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his authorized designee, is hereby authorized to 26 execute a lease agreement between EIM and the City forthe Premises, in accordance with 27 the Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 28 other terms and conditions deemed necessary and sufficient by the City Manager and in a 29 form deemed satisfactory to the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 32 day of , 2023. CA16255 R-1 Prepared: 11/1/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P LI WORK , REAL ESTATE _01ELIZABETH S. CHUPIK ASSOCIATE CITY ATTORNEY EXHIBIT A SUMMARY OF TERMS LEASE FOR CITY-OWNED PROPERTY LOCATED AT 1401 SOUTHERN BOULEVARD LESSOR: City of Virginia Beach ("City") LESSEE: Earth in Motion LLC PREMISES: 1401 Southern Boulevard Approximately 9.7± acres (GPIN: 2417-24-1080) TERM: Three (3) years beginning December 1, 2023 through November 30, 2025, with two (2) successive one-year renewals, subject to City's consent RENT: $5,000 per month ($60,000 per year); 3% annual escalation RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for storage of construction materials and equipment and as a laydown yard, and for no other purpose • Maintain and secure Premises, as necessary • Establish erosion control measures and grade the Premises for property drainage • Will be responsible for maintenance and/or repair of the Premises arising out of Lessee's use of the Premises • Maintain Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. • Maintain commercial general liability insurance in a minimum amount of $1,000,000 • Maintain pollution Liability Insurance in the amount of not less than $5,000,000 • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than Five Hundred Thousand and No/100 Dollars ($500,000) combined single limits (CSL). • Will be responsible for leasehold taxes on the Premises RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage facilities, utilities, telephone and telegraph transmission lines, pipelines, and similar purposes • Renewal terms are subject to City's consent • City can terminate upon 180 days' written notice for any purpose and upon 30 days' written notice for a public purpose O A�V [ !9 E®�.r BARTOW PL ' ,` �. �, s T. INDIANA'AVECO -�-� Z Q O Pl 4_ SOUTHERN BLVD= " �, ➢,'Tr1�+'9✓ � rtnexuY^rF�et�W✓�„xn -.,z b > 3 7 « �y ro ` L, fy w ka n - ` m ��� �� �� ��� icy"';� � � Y � *���� •� � N � r a V J�ENSE� Legend m LOCATION MAP City Property �Z «' CITY OWNED PROPERTY y Q2417-24-1080 GPIN 2417-24-1080 Feet 0 200 400 800 Prepared by P.W./Eng./Eng.Support Services Bureau 09111/2017 XAGADMProjects\ARC FIIes\AGENDA MAPSVCtty Property12417-24-1080 Aerial Location of leased property: �IANA AVE p °' m� lei SOUTHERN BLVU •, SOUTHERN BL►VD c , Disclosure Statement W City of I Iryinia Baxh 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 Earth in Motion Does the applicant have a representative? ❑ Yes [2 NO • If yes, list the name of the representative. Bill DeSteph Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?12 Yes ❑ NO • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Bill Desteph - Managing Partner Tyler Johnson - 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. 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 P a g e Disclosure Statement W City of Viryinia Reach 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 12 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the financial institutions providing the 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?42 Yes ❑ NO • If yes,identify the firm and individual providing the service. Cherry Beakart,LC-Kurt Taves 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 2 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09,2020 2 1 P a g e Disclosure Statement VB Oty of Vuw=Bah 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?Q Yes ❑ NO • If yes,identify the company and individual providing the service. Bay Legacy Construction - Joe Frampton 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 2 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?12 Yes ❑ NO • If yes,identify the firm and individual providing the service. Williams Mullen - Cartwright Riley 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. 3 '( Applicant Signature Bill Desteph-Managing Partner Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes 2 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 1 P a g e Disclosure Statement City o/Vrrginia Bead! !!!!!1!!!!!!!!!!!!!! !!! 10 Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement W City of Vuyuda Bah _ Planning & Community Development , u Owner Disclosure *: Owner Name City of Virginia Beach Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement XB City of Vt VUd0 Beads 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 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. 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 Am City of Viiguw Beach 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 PUBLIC HEARING Appropriation of to$20,095,296 in Revenue from the Sale of Property to Dominion Energy Virginia for Various Transportation Projects and Tree Mitigation On Tuesday,November 14,2023,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 FY 2023-24 Capital Improvement Program that exceeds 1%. This amendment is to appropriate$18,953,059 in revenue from the sale of easements to Dominion Energy Virginia for the electric transmission corridor for the Coastal Virginia Offshore Wind Project. This funding will support various transportation related projects including: 100306 Pleasure House Road Street Improvements Phase II 100381 Shore Drive Corridor Improvements Phase III 100383 Shore Drive Corridor Improvements Phase IV 100340 Rosemont Road Phase V 100644 Virginia Beach Trail 100423 Traffic Safety Improvements IV This funding will provide additional resources for design and/or construction for projects already included within the City's Capital Improvement Program.In addition to these projects,$1,142,237 will be appropriated to the Department of Parks and Recreation for tree mitigation.The total amount of appropriations resulting from the sale will be$20,095,296. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: •Register for the WebEx at: httpso/lvbgov.webex.com/weblink/­reg ster/r704598eb4866c85GB db80768f18c2b8e • Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbg vo com prior to 5:00 p.m.on November 14, 2023. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TOO-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,October 29,2023 st CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $18,953,059 to the FY 2023-24 Capital Improvement Program and $1,142,237 to the City's Operating Budget from the Sale of Easements for an Electric Transmission Corridor for the Coastal Offshore Wind Project to Dominion Energy Virginia PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 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. The sale of 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 to Dominion Energy was approved by the City Council on October 24, 2023. Dominion Energy is also including a tree mitigation fee to clear trees before constructing overhead cables and related facilities. The City retains 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 also retains ownership of at least 150 feet of the 300- foot wide former SEPG corridor for future uses. ■ Considerations: The City will receive a total of $20,095,296 in revenue from the sale of the easements. $1,142,237 will be appropriated to the Department of Parks and Recreation Operating Budget for tree mitigation. The remaining $18,953,059 will be appropriated to the City's Capital Improvement Program to support various transportation related projects as shown below: Project Name CIP Council Total Number District Appropriation Pleasure House Road Improvements 100306 9 $1,361,078 Phase II Rosemont Road Phase V 100340 10 & 2 $3,216,506 Shore Drive Corridor Improvements Phase 100381 8 $2,236,872 III Shore Drive Corridor Improvements Phase 100383 9 $6,983,544 IV Traffic Safety Improvements IV 100423 Citywide $4,253,059 Virginia Beach Trail 100644 1 & 4 $902,000 Total $18,953,059 This funding will provide additional resources to fund immediate needs to progress design and/or construction for projects already included within the City's Capital Improvement Program. ■ Public Information: The following public sessions have been held related to the sale of the Easements to Dominion Energy: • A public briefing was given to the City Council on September 19, 2023. • A public hearing was advertised in the Virginian-Pilot on September 24, 2023, and held on October 3, 2023, prior to the approval of the sale of the easements on October 24, 2023. • A public hearing was advertised in the Virginian-Pilot on October 29, 2023, and held on November 14, 2023, related to the appropriation of revenue from the sale of the easements. Public information will also be provided through the normal City Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance, CIP Detail Sheets (6) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:($P 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $18,953,059 TO THE FY 2023-24 CAPITAL IMPROVEMENT 3 PROGRAM AND $1,142,237 TO THE CITY'S OPERATING 4 BUDGET FROM THE SALE OF EASEMENTS FOR AN 5 ELECTRIC TRANSMISSION CORRIDOR FOR THE 6 COASTAL OFFSHORE WIND PROJECT TO DOMINION 7 ENERGY VIRGINIA 8 9 WHEREAS, Virginia Electric and Power Company, a Virginia public service 10 corporation, d/b/a Dominion Energy Virginia, is an electric utility company that is 11 constructing the Coastal Virginia Offshore Wind project to diversify its energy supply and 12 advance the clean energy goals of the Commonwealth of Virginia, proposed to purchase 13 easements across 25 City-owned parcels for the construction, maintenance, and 14 operation of cables within the electric transmission corridor from the wind farm off the 15 coast of Virginia to the Chesapeake border; 16 17 WHEREAS, the City Council approved the sale of the City easements during the 18 October 24, 2023 City Council meeting; 19 20 WHEREAS, the easement purchase price included $1,142,237 for tree mitigation 21 to offset the trees that will be cleared for the project; and 22 23 WHEREAS, because the amount to be appropriated exceeds 1% of the Capital 24 Improvement Program, the City Council conducted a public hearing on November 14, 25 2023. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1. $ $18,953,059 is hereby appropriated, with revenues increased accordingly, to 31 the FY 2023-24 Capital Improvement Program in the following amounts to the 32 following projects: 33 a. $1,361,078 to#100306 "Pleasure House Road Improvements Phase II;" 34 b. $3,216,506 to #100340 "Rosemont Roads Phase V;" 35 c. $2,236,872 to #100381 "Shore Drive Improvements Phase III;" 36 d. $6,983,544 to #100383 "Shore Drive Improvements Phase IV;" 37 e. $4,253,059 to #100423 "Traffic Safety Improvements IV;" and 38 f. $902,000 to #100644 "Virginia Beach Trail." 39 40 2. $1,142,237 is hereby appropriated, with revenues increased accordingly, to the 41 FY 2023-24 Operating Budget of the Department of Parks and Recreation for 42 tree mitigation. 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: r /,"e_l Bu get and Management Services orney's Office CA16355 R-1 November 1, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100306 [Title:Pleasure House Road Street Improvements Phase II tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:9 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 18,671,495 1,905,211 16,766,284 Description This project will provide street and safety improvements,including new curb and gutter,drainage,bike accommodations and a 5-foot concrete sidewalk, or shared use path and bike lanes/pedestrian access along Pleasure House Road,from Shore Drive to Lookout Road,a distance of approximately 1 mile. Street improvements include full roadway reconstruction with pavement widening. Purpose and Need Pleasure House Road does not have a continuous sidewalk on either side of the road.Pedestrians have been observed walking in the street in areas where there is no sidewalk.In addition,the pavement in this area is in extremely poor condition. History and Current Status This project first appeared in the FY 2014-15 CIP.FY 2022-23 through FY 2024-25 funds were deprogrammed and used for other projects in the Roadways CIP,as a result of overall project costs increase related to inflation. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount �`�•• Design 07/21-06/29 1,929,689 Site Acquisition 01/29-07/29 893,348 Private Utility Adjustments 07/29-10/29 1,286,459 Construction 11/29-07/31 12,864,590 Contingencies 07/21-07/31 1,697,409 1—E.pd, nary Bxsn-tittlx CraM Total Budgetary Cost Estimate: 18,671,495 •100306 Means of Financing d�e s Funding Subclass Amount Local Funding 1,905,211 Total Funding: 1,905,211 Y FY 2023-24 to FY 2028-29 72 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100340 itle:Rosemont Road Phase V tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:10 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,835,814 19,690,000 858,429 1,270,293 11,668,382 3,348,710 Description and Sc..• VDOT UPC#105623. This project is for the construction of a four-lane divided roadway from Primrose Lane/Harbringer Road to Dam Neck Road,a distance of approximately 1.3 miles.The four-lane divided roadway will include a continuous 10-foot wide sidewalk along the east side of the corridor as well as a 10-foot wide sidewalk along the west side from Faculty Boulevard to Lynnhaven Parkway.This project also includes the upgrade of three existing traffic signals at Buckner Boulevard,Faculty Boulevard/Celtic Drive,and Concert Drive. Purpose and Need This project will improve capacity needs and mobility demands in this area of the city.This corridor includes two segments,Buckner Boulevard to Dam Neck Road and Lynnhaven Parkway to Buckner Boulevard.The 2021 existing volumes are 14,300 vehicle per day for Buckner Boulevard to Dam Neck Road and 17,400 vehicles per day for Lynnhaven Parkway to Buckner Boulevard.By 2040,projected volumes are 17,000 vehicles per day for Buckner Boulevard to Dam Neck Road and 20,000 vehicles per day for Lynnhaven Parkway to Buckner Boulevard.These segments are ranked#18 and#20 respectively of 311 in the 2021 Technical Ranking of Congested Roadway Segments list. History and Current Status This project first appeared in the FY 2013-14 CIP.This project received$3 million in FY 2014-15 Revenue Share funding,$4 million in FY 2016-17 Revenue Share funding,and$2 million in FY 2018-19 Revenue Share funding.The Revenue Sharing awards on this project have been delayed per actions taken by the Commonwealth Transportation Board in December 2020,acting upon power granted by Chapter 56 of the Virginia Acts of Assembly, Special Session I. Operating Based on FY20-21 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 62,431 Total FTE - Project • Schedule of Activities Project Activities From-To Amount �kf °�o ..w•*• Design 09/14-07/23 2,077,847 Site Acquisition 11/22-04/24 7,031,775 e R K Private Utility Adjustments 05/24-04/25 1,012,095 Construction 12/25-11/28 23,365,387 Contingencies 09/14-11/28 3,348,710 .e. •""' Total Budgetary Cost Estimate: 36,835,814 100340 a „o."e•oo• rnscr� ' Means of Financing Funding Subclass Amount Local Funding 27,835,814 h;mosE %� State Contribution 91000,000 iiskwmer ub,." .e CCollege Y ♦1•e •,�°° $a Total Funding: 36,835,814 4� FY 2023-24 to FY 2028-29 76 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100381 itie:Shore Drive Corridor Improvements Phase III tatus:Approved Category:Roadways Department:Public Works Project . Project Location - Project Type:New Facility Construction/Expansion istrict:8 Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 48,128,626 4S,322,920 665,575 2,140,131 Description . Scope This project begins at Vista Circle,near the eastern end of the Lesner Bridge,and extends eastward through the Great Neck Road intersection and terminates at Beech Street.This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections;improve storm drainage;include eight-foot sidewalks and on-street bike lanes;and enhance the corridor with aesthetic elements such as landscaping and lighting. Existing aerial utilities will be relocated to a combination of underground locations at intersections and to new overhead locations along the rest of the project corridor. Purpose and Need Shore Drive is a major east-west arterial in the northern portion of the City.The existing roadway carries 33,700 vehicles per day with a current capacity of 36,900 vehicles per day.Without this project,the roadway will continue to experience vehicular,bicyclist,and pedestrian safety incidents and restrict traffic volume due to inadequate stormwater drainage.This project includes stormwater improvement components,including pipe to service pump stations. History and Current Status This project first appeared in the FY 2007-08 CIP.On January 9,2007,City Council established this project with the appropriation of FY 2005-06 fund balance from the General Fund.This project received$5 million in Revenue Sharing from the Commonwealth in FY 2012-13 and an additional$5 million from this source in FY 2017-18.This project was delayed for two years,FY 2012-14,until the Shore Drive Drainage Preliminary Design was completed. Design is underway and will include additional stormwater requirements identified in the preliminary design,supplemental agreements to the design contract,and coordination with the"Eastern Shore Drive Drainage CIP Project." Operating Budget Maintenance costs are estimated based on$10,000 per mile for multi-use trails.The total project length is 1.2 miles. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 12,000 12,240 Total FTE - - 'Project Map Schedule of Project Activities From-To Amount Design 06/11-12/22 3,372,955 Site Acquisition 02/22-02/23 4,944,563 Private Utility Adjustments 01/23-01/24 2,000,000 Construction 04/24-07/27 33,742,411 Contingencies 06/11-07/27 4,068,697 Total Budgetary Cost Estimate: 48,128,626 +° =:100381 t Means Funding Subclass Amount Local Funding 38,128,626 State Contribution 10,000,000 ,.„����•� Total Funding: 48,128,626 FY 2023-24 to FY 2028-29 82 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100383 rtle:Shore Drive Corridor Improvements-Phase IV tatus:Approved Category:Roadways De rtment:Public works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 33,590,614 2,648,637 30,941,977 Description and Scope This project begins at the Marlin Bay Drive and Sandy Oaks Drive intersection and ends at the west end of the Lesner Bridge.This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections;improve storm drainage;include a multi-use trail,five-foot sidewalk and on-street bike lanes;and enhance the corridor with aesthetic elements such as landscaping and lighting.Existing aerial utilities will be relocated to a combination of underground locations at intersections and to new overhead locations along the rest of the project corridor. Purpose and Need Shore Drive is a major east-west arterial in the northern portion of the City.The existing roadway carries 38,800 vehicles per day with a current capacity of 36,900 vehicles per day.Without this project,the roadway will continue to experience vehicular,bicyclist,and pedestrian safety incidents,and restrict traffic volume due to inadequate stormwater drainage. History and Current Status This project first appeared in the FY 2007-08 CIP.On January 9,2007,City Council established this project with the appropriation of FY 2005-06 fund balance from the General Fund.This project was placed on hold at the Bayfront Advisory Committee's request to re-prioritize"Shore Drive Phase III"in place of this phase.In the FY 2020 CIP,funds were appropriated to this project to initiate project design activities.The Commonwealth Transportation Board has awarded this project$500,000 in Revenue Sharing in FY 2024-25.As an existing Revenue Sharing project,"Shore Drive IV"will receive priority in the next round of Revenue Sharing Awards,currently anticipated to be in the out years of the VDOT's Six-Year Improvement Program and CIP. Therefore,Commonwealth funds were increased in the project and local funds in the outer years of the CIP were redirected and reprogrammed to "Centerville Turnpike Phase Il."Outer year funds have also been re-directed to-Elbow II-B;Elbow II-D;Parliament I;Nimmo VII-B and Pungo Ferry projects in the FY 2023-24 CIP. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 07/10-01/26 2,648,637 Site Acquisition 01/25-05/26 3,696,375 Private Utility Adjustments 06/26-06/27 1,333,333 Construction 01/28-01/31 22,894,940 Contingencies 07/10-01/31 3,017,329 a°h�ee ° o Total Budgetary Cost Estimate: 33,590,614 "" f00383 ° d ° Means of °s •�Ob ee`w Funding Subclass Amount g Local Funding 2,648,637 Total Funding: 2,648,637 FY 2023-24 to FY 2028-29 83 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100423 itle:Traffic Safety Improvements IV tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,684,781 18,415,419 2,359,928 2,984,959 2,622,1921 4,387,2531 2,957,51 2,957,51 Description This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project .• Schedule of Project Activities From-To Amount Design 07/16-06/29 5,339,487 Construction 07/16-06/29 27,785,635 Contingencies 07/16-06/29 3,559,658 Total Budgetary Cost Estimate: 36,684,781 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,437,462 Federal Contribution 4,587,123 State Contribution 473,132 Lease of Property 1,178,064 Sale of Property 9,000 Total Funding: 36,684,781 FY 2023-24 to FY 2028-29 86 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100644 itle:Virginia Beach Trail tatus:Approved Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:New Facility Construction/Expansion istrict:4 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 750,000 750,000 ScopeDescription and The proposed 12 mile trail is a 10'wide asphalt path with a 2'wide crush stone shoulder on each side and includes three pedestrian bridges(one over Independence Blvd;two over waterways)travelling within the already acquired former Norfolk Southern Railroad right of way.Additionally,the Virginia Beach Trail travels along two Federally Designated Opportunity Zones and city-designated redevelopment area,and three socio-economically challenged census tracts:thus,providing an equitable solution to the need for transportation alternatives in the City of Virginia Beach.This phase of the project funds the design and construction of a phased section of the proposed VBTrail from Newtown Road to Constitution Drive,or a portion thereof.Construction funding could be leveraged as matching grant dollars when the opportunity arises for this phase,or other phases of the corridor. Purpose The Virginia Beach Trail aligns with two of City Council's top priorities:Transportation and Economic Development.The Virginia Beach Trail is the active transportation alternative to connect our neighborhoods,across the City,region and beyond by means other than the motor vehicle for a shared-use network that supports tourism,locals,pedestrians,and bicyclists.The City's 2016 Comprehensive Plan and its Sustainability Plan,Connections Chapter, have a primary goal to create an inter-connected,multi-modal transportation system providing efficient,safe,and affordable movement city-wide and linking to regional systems.The Virginia Beach Trail has been a priority project in the City's adopted Bikeways and Trails Plans since 1981 and most recently listed in the 2021 Active Transportation Plan.The VBTrail is part of a broader regional and state trail network. History and Current Status The project first appeared in the FY1S CIP as Transit Corridor Development.In FY19 CIP,the title was changed to Rail-to-Trail Shared Use Path Development to match the new scope of the project. Now titled Virginia Beach Trail,this project was submitted as an Above Target request for FY21, FY22,and FY23 but was not funded. Operating To be determined. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project .• Schedule of Activities Project Activities From-To Amount Design 07/23-06/24 750,000 Total Budgetary Cost Estimate: 750,000 Means of Financing Funding Subclass Amount NO MAP REQUIRED Federal Contribution 750,000 Total Funding: 750,000 FY 2023-24 to FY 2028-29 252 Capital Improvement Program ti PUBLIC HEARING Appropriate$26,140,809 in FY 2022-23 School Operating Reversion Funding and $23,445,223 in Additional Funding from the Commonwealth of Virginia On Tuesday,November 14,2023,at 6:00 p.m.at City Hall,2401 Courthouse Or,Virginia Beach,VA 23456, the Virginia Beach City Council will hold a Public Hearing on proposed amendments to the FY 2023-24 Operating and Capital Improvement Program budgets of the Virginia Beach City Public Schools (VBCPS). The proposed edits exceed 1% of the relevant budget necessitating a public hearing. The total requested amendment is$49,586,032. $26,140,809 is the VBCPS reversion request. $14,890,809 is to be provided as pay-as-you-go funding to the Capital Improvement Program. $11,000,000 is to be appropriated to the School Reserve Special Revenue Fund and set aside for the Princess Anne High School Replacement and B.F. Williams/Bayside 6th Replacement. The balance ($250,000) is for the Athletics Fund. $23,445,223 is additional revenue from the Commonwealth. $3,408,066 is for an additional 2% compensation increase for all full-time equivalent employees,effective January 1,2024. $20,037,157 is for Categorical Grants to follow the Governor's"ALL In" initiative that focuses on high-intensity tutoring, the Virginia Literacy Act,and chronic absenteeism. 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,//vbgov.webex.com/weblink/reLf'ster/r704598e b4866 8 db80768Y18 b8 • Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes®vlWov.com prior to 5:00 p.m.on November 14,2023. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TOO-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,November 5,2023 s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate School Reversion and Revenue Sharing Funds in the Amount of$26,140,809 (2) An Ordinance to Appropriate Additional Funds for Schools from the Commonwealth in the Amount of$23,445,223 PUBLIC HEARING: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The Virginia Beach School Board adopted two budget resolutions during its October 24, 2023, meeting. One request is for reversion and revenue sharing. The other reflects additional funding for school divisions included in the recently adopted state budget. Reversion and Revenue Sharing The current City and Virginia Beach City Public School's (VBCPS) revenue sharing policy has been in place since 2019. Section 6 of that agreement outlines the process if VBCPS ends a fiscal year with additional revenue or unexpended appropriations. In accordance with the policy, the School Board adopted a Budget Resolution regarding FY 2022-23 Reversion and Revenue Sharing Formula Reconciliation on October 24, 2023. The total amount that the School Board is requesting to be appropriated by the City Council is $26,140,809. The request for the reversion funds is as follows: 1. $14,890,809 to be appropriated to the FY 2023-24 Capital Improvement Program: a. $3,962,133 as pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds; b. $5,000,000 as pay-as-you-go funding for Project #601018, "Renovations and Replacements — HVAC Phase III;" c. $2,928,676 as pay-as-you-go funding for Project #601020, "Renovations and Replacements— Various Phase III;" d. $3,000,000 as pay-as-you-go funding for Project#601030, "Payroll System Replacement;" 2. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund to be set aside for Project #601015, "Princess Anne High School Replacement" ($5,500,000) and Project #601028, "B.F. Williams/Bayside 6th (Grades 4-6) Replacement" ($5,500,000). These amounts will be requested in the FY 2024-25 Capital Improvement Program; and 3. $250,000 to be appropriated to the Athletics fund. FY 2022-2024 Biennial State Budget Governor Youngkin convened a special session of the 2023 General Assembly on September 6, 2023, and the General Assembly adopted a budget that amended the FY 2024 Direct Aid distributions to school divisions. Governor Youngkin signed the Virginia State Budget on September 14, 2023. This updated budget provides additional funding to the School Operating Fund ($3,408,066) and the Categorical Grants Fund ($20,037,157). These amounts must be appropriated by the City Council prior to the School Board expending the funds. ■ Considerations: These two ordinances have been brought at the request of the School Board. The Reversion and Revenue Sharing request is consistent with the City/Schools Revenue Sharing Policy. When the Schools Reserve Special Revenue Fund was established in 2003, this fund was to be limited to 2% of the previous year's Schools Operating Fund. The fund balance of the School Revenue Fund is $15.2 million prior to this appropriation, so the addition of $11 million will substantially exceed 2% of the previous year's Schools Operating Fund. ■ Public Information: Public information will be provided through the normal City Council agenda process. In addition, this request exceeds 1% of the FY 2023-2024 Operating Budget, so a public hearing has been scheduled for November 14, 2023. The advertisement for the hearing appeared in the November 5, 2023, Virginia Beach Beacon. ■ Attachments: Ordinances (2); School Board Resolutions (2) Recommended by the Virginia Beach School Board REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE SCHOOL 2 REVERSION AND REVENUE SHARING FUNDS IN THE 3 AMOUNT OF $26,140,809 4 5 WHEREAS, the School Board of the City of Virginia Beach adopted a Budget 6 Resolution Regarding FY 2022-23 Reversion and Revenue Sharing Formula 7 Reconciliation on October 24, 2023; 8 9 WHEREAS, the collective funding request for Reversion and Revenue Sharing 10 funds and the additional funds from the Commonwealth requires a public hearing, and 11 such hearing was held on November 14, 2023; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 $26,140,809 in reversion and revenue sharing funds are hereby appropriated for 17 the following purposes: 18 a. $14,890,809 to be appropriated to Schools' CIP Fund: 19 $3,962,133 as pay-as-you-go funding with a corresponding reduction in 20 authorized but unissued Public Facility Revenue Bonds; 21 • $5,000,000 as pay-as-you-go funding for Project #601018, "Renovations 22 and Replacements — HVAC Phase III;" 23 • $2,928,676 as pay-as-you-go funding for Project #601020, "Renovations 24 and Replacements — Various Phase III;" 25 • $3,000,000 as pay-as-you-go funding for Project#601030, "Payroll System 26 Replacement;" 27 b. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund 28 to be set aside for Project#601015, "Princess Anne High School Replacement" 29 ($5,500,000) and Project #601028, "B.F. Williams/Bayside 6th (Grades 4-6) 30 Replacement" ($5,500,000). These amounts will be requested in the FY 2024- 31 25 Capital Improvement Program; 32 c. $250,000 to be appropriated to the Athletics Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services ttor ey's Office CA16356 R-1 November 1, 2023 Ai VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Boord Services Trenace B. Riggs,Chair Carolyn D.Weems,Vice Chair District 1-Centerville District 9 Beverly M.Anderson Kathleen J. Brown Michael R. Callan At-Large District 10 District 6 David Culpepper Jennifer S. Franklin Victoria C. Manning District$ _ District 2—Kempsville At-Large Staci R. Martin Kimberly A. Melnyk Jessica L. Owens District 4 District 2 District 3—Rose Hall Donald E.Robertson, Ph.D., Acting Superintendent Budget Resolution Regarding FY 2022/23 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 26,2023,the School Board was presented with a summary of the unaudited financial statements for FY 2022/23 (year-ending June 30,2023), showing the reversion amount to the city's General fund; and WHEREAS,$21,535,205 is the amount of School Operating reversion funds available(excluding debt service and revenues over/under budget);and WHEREAS,$3,962,133 is the amount remaining in debt service due to the timing of bond sales, increasing the School Operating reversion amount to$25,497,338; and WHEREAS,$4,407,324 came in as additional revenue over the appropriated budget,increasing the School Operating reversion amount to$29,904,662; and WHEREAS,$264,685 reverted from the Athletics fund and$219,486 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the total amount available for re-appropriation is$30,388,833; and WHEREAS,the city is currently indicating FY 2022/23 revenue under budget of$4,248,024 based on the Revenue Sharing Formula; and WHEREAS,the net funding available for re-appropriation is $26,140,809; and WHEREAS,the Administration recommends the following for the available funds in the amount of $26,140,809: • $14,890,809 to be re-appropriated to the FY 2023/24 Capital Improvement Program - $3,962,133 to be transferred in the form of pay-as-you-go funding Put Students First .Seek Growth .Be Open to Change a Do Great Work Together•Value Differences 2512 Ge"a Mason 06w I P.O.Box 6038 1 Virginia Beach.Virginia 23456.0038vvwvv.vbsc hool , VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2022/23 Reversion and Revenue Sharing Formula Reconciliation (continued) - with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds $5,000,000 to be transferred in the form of pay-as-you-go funding for project 1-018 Renovations and Replacements HVAC Phase III $2,928,676 to be transferred in the form of pay-as-you-go funding for project 1-020 Renovations and Replacements - Various Phase III - $3,000,000 to be to be transferred in the form of pay-as-you-go funding for project 1-030 Payroll System Replacement • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set aside for projects 1-015 Princess Anne High School Replacement($5,500,000)and 1-028 B.F. Williams/Bayside 6`h (Grades 4-6)Replacement($5,500,000) • $250,000 to be re-appropriated to the Athletics fund NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of reversion funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 24th day of October 2023. OF VCLI = S r S��.�}-;h Trenace B. Riggs, School Board Chair r .R . Lr� O 0#h9S Reginneatto,Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together• Value Differences 2512 George Mason Drive I P.O Box 6038 1 Virginia Beach,Virginia 23456-0038 REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS 2 FOR SCHOOLS FROM THE COMMONWEALTH IN THE 3 AMOUNT OF $23,445,223 4 5 WHEREAS, the General Assembly passed and the Governor signed the updated 6 2022-2024 Biennial Budget on September 14, 2023, and such budget provides additional 7 funds for the Virginia Beach City Public Schools; 8 9 WHEREAS, the School Board adopted a Budget Resolution regarding the 10 additional funding for its FY 2023-24 Operating Budget on October 24, 2023; 11 12 WHEREAS, the collective funding request for Reversion and Revenue Sharing 13 funds and the additional funds from the Commonwealth requires a public hearing, and 14 such hearing was held on November 14, 2023; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA THAT: 18 19 $23,445,223 in revenue from the Commonwealth of Virginia is hereby accepted 20 and appropriated, with revenue increased accordingly, for the following purposes: 21 22 a) $3,408,066 to the School Operating Fund to provide an additional two- 23 percent compensation increase to all full-time equivalent employees 24 effective January 1, 2024; and 25 b) $20,037,157 to the Categorical Grants fund to follow the Governor's 26 recommended focus on an "ALL In" approach that focuses on high intensity 27 tutoring, the Virginia Literacy Act, and chronic absenteeism. 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: udget and Management Services tt rney's Office CAI 6357 R-1 November 1, 2023 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Trenace B. Riggs, Chair Carolyn D.Weems,Vice Chair District 1 - Centerville District 9 Beverly M.Anderson Kathleen J. Brown Michael R.Callan At-Large District 10 District 6 David Culpepper Jennifer S. Franklin Victoria C. Manning District 8 District 2—Kempsville At-Large_ Staci R. Martin Kimberly A. Melnyk Jessica L. Owens District 4 District 2 District 3—Rose Hall Donald E. Robertson, Ph.D., Acting Superintendent Resolution Regarding Additional Funding for FY 2023/24 WHEREAS,the FY 2023/24 budget was adopted by the City Council on May 9, 2023; and WHEREAS,the City of Virginia Beach's adopted Budget Ordinance appropriated funds to the School Board of the City of Virginia Beach; and WHEREAS,the Virginia General Assembly was unable to agree on budget amendments during the legislative session; and WHEREAS, Governor Youngkin convened a special session of the 2023 General Assembly on September 6, 2023; and WHEREAS, the 2023 Special Session I General Assembly adopted a budget that amends FY 2024 Direct Aid distributions to school divisions; and WHEREAS,these amendments include, among other items, a 2%compensation supplement to school divisions for Standards of Quality(SOQ) instructional and support positions effective January 1, 2024, an increase in funded SOQ support positions,and one-time flexible grant funding to support the ALL In VA state plan; and WHEREAS,Governor Youngkin signed the Virginia State Budget on September 14,2023;and WHEREAS, state funds for the School Operating fund will increase$3,408,066, and state funds for the Categorical Grants fund will increase$20,037,157; and WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of $3,408,066 into the School Operating fund and $20,037,157 into the Categorical Grants fund; and WHEREAS,appropriations of funds must be approved by the City Council prior to the expenditure of funds by the School Board of the City of Virginia Beach; and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive 1 P.O.Box 6038 1 Virginia Beach.Virginia 23456-0038 N E VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Resolution Regarding Additional Funding for FY 2023/24 (continued) NOW,THEREFORE,BE IT RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of 3,408,066 into the School Operating fund; and be it FURTHER RESOLVED: these funds will be used to provide an additional two percent compensation increase to all full-time equivalent employees effective January 1, 2024; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of$20,037,157 into the Categorical Grants fund; and be it FURTHER RESOLVED: these funds will be used to follow the Governor's recommended focus on an"ALL In"approach that focuses 70%on Grade 3-8 high-intensity tutoring,20%on the Virginia Literacy Act, and 10%on chronic absenteeism; and FURTHER RESOLVED: that the School Board of the City of Virginia Beach approves and affirms the necessary appropriation and recommended uses of these funds; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 24th day of October 2023. �,�►' `t a.. '��` .• •. � ' Trenace B. Riggs, School Board C pis`. : •�' �� �y Gam,. r. J ttest: Regin M. Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I P.O Box 6038 1 Virginia Beach.Virginia 23456-0038 J. PUBLIC COMMENT 1. Ordinance to APPROPRIATE fund balance of the Tourism Investment Program (TIP) fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sport Center lily CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Tourism Investment Program (TIP) Fund and to Authorize the City Manager to Execute the Settlement, Termination, and Transition Agreement for the Virginia Beach Sports Center PUBLIC COMMENT: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The Virginia Beach Sports Center (the "Sports Center") opened to the public in October 2020. The Sports Center provides a strong economic impact to the City and an opportunity to bring athletes from around the country, most notably securing the NCAA Division 1, 2, and 3 Indoor Track Championships. The facility also provides much needed space and programs for the residents of the City. Based on a City audit completed in early 2023, there was concern about the viability of the current operation model and the structure of the management agreement with the operator, ESM VBSC, LLC. Based on the recommendation of the City Auditor, the City placed the operator in a probationary status and sought improvement in certain performance requirements of the management agreement. After further discussion with the operator, the City and the operator have agreed to a transition and termination of the current management agreement. If approved, the City will take over the operations responsibilities for the Sports Center. Upon taking over operations, the City intends to engage with an interim operator while the City develops a request for proposal process. The primary financial consideration in taking over the Sports Center is the disposition of certain debts of the facility to include furniture, fixtures, equipment(FF&E), and the initial start-up budget. The amount required to retire this debt is $4,604,266.53, and a reserve established in the Tourism Investment Program (TIP) Fund will provide $2,555,896. The balance will be borne by the fund balance of the TIP Fund. In addition to the FF&E and start-up budget, there are amounts owed to the operator for accrued management fees, cash advances, accounts payable, and unpaid gate receipts. The proposed ordinance will address payment of these amounts. If approved, the termination date for the management agreement will be November 30, 2023. Provided the City Council approves this item, the City and the operator will work expeditiously to resolve the various matters and allow the full transition of facility operations. ■ Considerations: The source for this appropriation is the fund balance of the TIP Fund. Consistent with the approval of the management agreement in December 2018, a reservation in the TIP Fund was established to assist in the City's acquisition of the FF&E. The attached Summary of Terms includes the material terms of the Settlement, Termination, and Transition Agreement. If approved, this agreement will serve to guide the process for the City taking control of the Sports Center. In addition to the provision of fund balance to pay for the FF&E and amounts to be resolved prior to the termination date, the ordinance provides for working capital at the Sports Center for the City and its interim operator. This amount will be used to pay salaries and a management fee for the interim operator. Last, the ordinance acknowledges the City's budget maintains a reserve established for the Sports Center within the TIP Fund. If there are any needs for additional resources during the fiscal year, this reserve will assist, and the use of the reserve will be reported to the City Council. If this action is approved, the estimated fund balance of the TIP Fund will be approximately $41 million. ■ Public Information: Normal Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance; Exhibit A: Summary of Terms Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE TOURISM INVESTMENT PROGRAM (TIP) FUND AND 3 TO AUTHORIZE THE CITY MANAGER TO EXECUTE A 4 SETTLEMENT, TERMINATION, AND TRANSITION 5 AGREEMENT FOR THE VIRGINIA BEACH SPORTS 6 CENTER 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $2,555,896 is hereby appropriated from a reserve established in the TIP Fund to 12 offset the acquisition of certain furniture and fixtures at the Virginia Beach Sports 13 Center (the "Sports Center") and to repay the startup budget amounts. 14 15 2. $4,054,465.53 is hereby appropriated from the fund balance of the TIP Fund to 16 provide: 17 a. $2,048,370.53 for the balance owed on furniture and fixtures at the Sports 18 Center and startup budget amounts; 19 b. $1,506,095 for accrued management fees, cash advances, accounts 20 payable, and unpaid gate receipts at the Sports Center; 21 c. $500,000 for working capital to re-establish operating accounts prior to 22 installing an interim operator. 23 24 3. The City Manager is hereby authorized to execute a Settlement, Termination, and 25 Transition Agreement with ESM VBSC, LLC, and Eastern Sports Management, 26 LLC, provided the agreement is consistent with the summary of material terms 27 attached hereto Exhibit A. 28 29 4. The City Manager is hereby authorized and directed to retain the services of an 30 interim operator for the Sports Center and utilize available funds in the TIP Fund 31 including any reserve established for the Sports Center for the operations of the 32 Sports Center. 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 anagement Services Gity ttorney's Office CA16367 R-1 November 8, 2023 EXHIBIT A SUMMARY OF TERMS SETTLEMENT, TERMINATION, AND TRANSITION AGREEMENT Parties: City of Virginia Beach ("City") ESM VB, LLC ("Manager") Eastern Sports Management, LLC as intended third-party beneficiary of the Management Agreement Purpose: The orderly transfer of the management of the Virginia Beach Sports Center(the"Sports Center"), the resolution of amounts owed to the Manager under the Management Agreement, and the resolution of amounts owed to various vendors and event sponsors at the Sports Center Termination Date: November 30, 2023 Material Terms: FFE & Start-up Budget City to pay debts associated with furniture, fixtures, and Start-up Budget. Manager and City to execute a bill of sale to effectuate this conveyance. Current amount of such debt is$4,604,266.53. Service Agreements at Sports Center Manager to assign service agreements at the Sports Center. City has the discretion to assume such agreements. Expressly included in this provision is a current food and beverage contract with Centerplate. Customer,Rental, and Sponsorship/Advertising Agreements Manager to assign customer, rental, and sponsorship/advertising agreements. City to review such agreements and continue them in the City's discretion. City to be responsive for any termination fees if the City elects to terminate. City to retain tournaments and events developed by and for the Sports Center. The manager can continue current leagues and pay the relevant rental fee for court time. Other Terms. The proposed agreement also includes a non-disparagement covenant and mutual releases. The payment of accrued Management Fees ($350,097)and ESM Advances to the Facility($274,000). The payment of amounts currently owed for accounts payable and gate receipts ($881,998) are to be made by City and Manager to pay such amounts prior to the Termination Date. The operating accounts are to be either transferred to the City or closed. K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES / RESOLUTIONS l. Resolution to ADOPT the City's 2024 Legislative Agenda(Requested by the City Council) 2. Resolution to REQUEST the General Assembly Amend the City Charter Sections 3.01, 3.01:1, 3.02:1, 3.02:2, and 3.02:3 re implement ten (10) single-member District Election System (Requested by Mayor Dyer, Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, Taylor, and Wooten) 3. Resolution to REQUEST the General Assembly Amend the City Charter Section 8.07 re expand the Membership of the Board of Equalization (Requested by the Board of Equalization) 4. Resolution to ESTABLISH a 90-day Festival Task Force (Requested by Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, and Schulman) 5. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re the Lakes—South London Bridge Creek Channels and Gate Project, CIP 100521 6. Ordinance to AUTHORIZE the acquisition of easements, either by agreement or condemnation re the Kemps Lake Water Quality Improvement Project, CIP 100567 7. Ordinance to AUTHORIZE the Dedication of an 8,798 square feet (0.202 acre) Utility Easement to Dominion Energy Virginia over City-Owned property at Upton Drive/Nimmo Parkway re provide electrical service to the facility owned and operated by Hospice House 8. Resolution to APPROVE the issuance of Residential Care Facility Revenue Bonds by the Virginia Beach Development Authority(VBDA), not to exceed $525-Million, re Westminster- Canterbury on Chesapeake Bay 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement to join the Eastern Virginia Regional Industrial Facility Authority (EVRIFA) re promote the City's economic growth and development 10. Ordinance to AUTHORIZE temporary encroachments into a portion of a 15-foot unimproved City-Owned property right-of-way known as Ocean Shore Avenue re construct and maintain a gravel driveway, and a concrete City-standard driveway apron and to encroach into a portion of City-Owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue - District 8 11. Ordinance to ESTABLISH Capital Project #100667, "Rudee Loop Park Development," and TRANSFER $4-Million from the Tourism Investment Program (TIP) Fund to as Pay-As-You- Go funding re procurement of design services 12. Ordinance to DONATE out-of-service police equipment to the police departments of Libby, Montana; South Miami,Florida; Wrightsville Beach,North Carolina;New Bern,North Carolina and Madison, Alabama 13. Ordinance to TRANSFER $1.1- Million from the Consolidated Grant Fund to Capital Project #100589, "Central Utility Plant Enhancements-ARPA" re allow the city to proceed to construction on the project 14. Ordinance to TRANSFER $185,425 from the General Fund Reserves for Contingencies to the FY 2023-24 Voter Registration and Elections Operating Budget re fund the January 9, 2024, special election 15. Ordinance to ACCEPT and APPROPRIATE $25,144,014 in Federal Revenue to the FY 2023- 24 Capital Improvement Program amongst Four(4)Eastern Shore Drive Drainage Improvement Capital Projects and TRANSFER$6,195,518 between four(4)Eastern Shore Drive Drainage Projects 16. Ordinance to ACCEPT and APPROPRIATE $362,408 from the State Compensation Board to the FY 2023-24 Commonwealth's Attorney Operating Budget re salary increase for eligible positions 17. Ordinance to ACCEPT and APPROPRIATE $350,0000 from the Virginia Department of Behavioral Health and Development Services to the FY 2023-24 Department of Human Services Operating Budget and AUTHORIZE two (2) full-time positions re Project for Assistance in Transitioning from Homeless (PATH) Program 18. Ordinance to ACCEPT and APPROPRIATE $257,500 from the 9-1-1 Services Board of the Virginia Department of Emergency Management to the FY 2023-24 Department of Emergency Communications and Citizen Services Operating Budget re staff recognition and retention efforts 19. Ordinance to ACCEPT and APPROPRIATE an additional $162,547 from the Virginia Military Community Infrastructure Grant Program and Fund to the FY 2023-24 Police Department Operating Budget and TRANSFER as Pay-As-You-Go funding for Capital Improvement Program Project#100536, "Creeds Training Center Renovations" 20. Ordinance to APPROPRIATE $150,000 in Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund to the FY 2023-24 Police Operating Budget re police recruitment b L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2024 Legislative Agenda MEETING DATE: November 14, 2023 ■ Background: The City Council approves a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. On September 19, 2023, the City Council adopted a policy regarding the vote upon the Legislative Agenda. For non-charter items, approval requires an affirmative vote of two- thirds of the members of the City Council. ■ Public Information: A discussion was held with the City Council during public meetings on October 10 and October 24, 2023. Public comment on the Legislative Agenda was received by the Council during its October 17, 2023, meeting. ■ Attachments: Resolution; 2024 Legislative Agenda; City Council Policy The 2024 Legislative Agenda is requested by the City Council. REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2024 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2024 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2024 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2024 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2023. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office Attor ey's Office CA16358 R-1 November 2, 2023 1A,BE4C� z w� � �rz City Council Policy Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Sept. 19,2023 Date of Revision:N/A Pagel of 2 1.0 Purpose and Need The City Council desires to convey legislative requests and policy positions to the Virginia General Assembly that may be considered during the General Assembly session.These requests and policy positions are communicated to the General Assembly through the City Council's annual General Assembly Legislative Agenda. The purpose of this policy is to provide guidance regarding the adoption of that Legislative Agenda. This policy addresses the particular procedures required for the City Council to propose a legislative agenda item for consideration, to initiate a request to amend the City Charter, and the process to approve the adoption of the General Assembly Legislative Agenda. As a general matter, the City Council prefers its Legislative Agenda avoid national concerns that are not germane to the business of the City and the City Council. 2.0 Requirements for the Initial Draft of the Legislative Agenda A draft Legislative Agenda shall be presented by the City's Legislative Liaison in satisfactory draft form to City Council by October 15 of each year. A legislative agenda item for the draft legislative agenda may be proposed in one of three manners: 1. Proposed by the Mayor 2. Proposed by at least three members of the City Council 3. Proposed by a City Department and approved by the City Manager If one or more members of the City Council is a liaison to a board or commission, it is typical for this member to be one of the three sponsors for a legislative request originating from such board or commission. A request to add an item to the Legislative Agenda shall be made to the City Manager and the City's Legislative Liaison.The City Manager and the City's Legislative Liaison will prepare a first draft of the Legislative Agenda to be presented to the City Council. After the first presentation of the draft Legislative Agenda, a public comment shall be placed on a City Council meeting agenda to receive the input of the residents upon the draft Legislative Agenda. 3.0 The Legislative Agenda After receipt of input from the residents, the City Manager shall provide an opportunity for the City Council to discuss the Legislative Agenda at an Informal Session or Workshop meeting. The members shall be provided an opportunity to ask questions and seek input from the City Staff. At the conclusion of such meeting, the City Council may provide direction to the City Manager regarding items to be included or removed from the initial draft of the Legislative Agenda. Thereafter, the City Manager shall place the Legislative Agenda on the City Council's agenda to allow formal consideration of the Legislative Agenda. 4.0 Policy for Adoption of the Legislative Agenda The City Council may adopt the Legislative Agenda in a single motion in a manner that is analogous to the City Council's adoption of its consent agenda. Any single member may request an item be pulled from the Legislative Agenda to be considered individually. The City Council hereby imposes upon itself a requirement that the Legislative Agenda, as a whole or individual agenda items, require an affirmative vote of two-thirds of the members of the City Council. Title: Legislative Agenda Process and Adoption Requirements Date of Adoption: Date of Revision: N/A Page 2 of 2 5.0 Post-adoption Supplement(s)to the Legislative Agenda At any time after the adoption of the Legislative Agenda, the Mayor or any combination of three(3) members of the City Council may make a request to supplement the Legislative Agenda. The form of such supplement shall be a resolution to add an item to the Legislative Agenda. The vote threshold required for such resolution is an affirmative vote of two-thirds of the members of the City Council. In addition, after the adoption of the legislative agenda, during the course of the General Assembly session, the Legislative Liaison may request that the City Council take a position on proposed legislation or budget amendments that are up for consideration. 6.0 City Charter Amendment Process Pursuant to the Code of Virginia, a request by the City Council to the General Assembly to amend the City Charter requires either a public hearing or a referendum. Any referendum request shall be made by the City Council at least 81 days prior to the November election in compliance with Virginia Code§ 24.2-682(B). The Mayor or the combination of any three (3) members of the City Council may request the placement of an advertisement in the newspaper for a public hearing to amend the City Charter. This request can be made in writing and a copy of the request shall be provided to all members of the City Council. Upon receipt of such request, the City Attorney in coordination with the City Clerk and the City's Legislative Liaison shall prepare the appropriate notice for the newspaper and scheduling of the public hearing. A request to amend the City Charter may be included in the draft Legislative Agenda, but the adoption of such request shall be by separate resolution. While unanimity is preferred, the City Council hereby imposes upon itself a requirement that such resolution be adopted by an affirmative vote of three-fourths of the members of the City Council. If adopted, the request to amend the City Charter, the publisher's affidavit, and a certified copy of the City Council's minutes shall be available to the General Assembly in compliance with Virginia Code§ 15.2-202. C I O F V I R G I N I A B E A C H V I R G POW- A4 Am 41 IV Ay �r i us F-104 77no f`= Au - 'mom MURIUR ■ . .-.r = - ■ ■■■ 'sue■ p1u Ee sun uss Run unu ■ Amax = ON ■ .Uuvk ass �- ■ 3 sm■ = ■■■ IN isms sun _ ■JR Ans ■■■ 0 Issu Sun man INE■: _ ■■■ ■■■ Iama Una - - rm , ogo III ; Is/o ��V', 1// C III - - 11 III - 111 ', 11 , GENERAL ASSEMBLY Leg 'ioslative enda 2024 S E S S 10 k PROPOSED VERSION — October 0 2023 Table of Contents 2023 VIRGINIA BEACH CITY COUNCIL..........................................................................................................3 CITY CHARTER AMENDMENTS.....................................................................................................................4 Ten Single-Member Election System Adopted by City Council...........................................................................4 Board Of 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 Re-Establish the Virginia Minority Business Commission..................................................................................21 STATEBUDGET REQUESTS.........................................................................................................................22 Augment Localities for 100% Disabled Veteran Tax Exemption.......................................................................22 5/31 Memorial.........................................................................................................................................................23 Stormwater Operations Center.............................................................................................................................24 Virginia Aquarium & Marine Science Center Renovation/Expansion.........................................................25 POLICYSTATEMENTS.................................................................................................................................26 Short-Term Rentals....................................................................................................................................26 2 nt a 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 p38'aly, Y IrC CHARTER AMENDMENT 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 81% 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 r-esi eree districts of approximately equal population which shall be numbered one through ten seven. The council shall consist of eleven members, the mayor elected at largeinel ding the meyef, one member to be elected by and from each of the ten single-member election districts. the e ty .,t large fr-em the resid—eras _Af_ea,h e ft e seven distr;,,ts and three mber-s and the mayor-to be eleeted by and fr-em the eity at lafge-. B. The boundaries and names of such districts shall be established by ordinance on e bey:Mar-c '�6, and thereafte the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. than at large. The wer-ding of the question shah be detennined by majerity vote ef the eity eeunei4 and sha14 be inc4uded in the petition. Upon the filing of the petitien, the eir-euk eew4 shall order-that an adviseFy refer-endumbe held on the question in the at the munieipal elee4iens to be held in May 1996-. Sec. 3.01:1. Implementation of districts. A. At the November 2024 May 1996. general election, the twee-members representing district 1, district 3, district 5, district 7. and the mayor shall be elected_by the e ty t a?sueber-eughs-existed one}aan l�'-�. The terms of the members so elected shall commence January, 2025, and expire on December 31, 2028. luly 1, 1O98 T''e-terms lll. of the 3 l r . �,;l,�.o...,b er-eleete.i L.�. ., fromfromf- the eiyy at large i May of 1°96 V3 l shag expire en My 1, 20W. B. At the November 2026 general election,in May of 1 O°4, the members representing district 2, district 4, district 6, district 8, district 9, and district 10 shall be elected_at and the fnembers eleeted at large frofn distfiets number-ed four-through seven sha-H be 5 elee-e,; for-toms of four-„ears The terms of the members so elected shall commence January.�1�.th2027, and expire on December��31, 2030. and ffe t the city a4 large i T�ef 1998 shalll expire on july 1, 2002. ThefeaceT C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. Sze-aner-dinanee-adepted bI e-27, 2006, City council elections shall take place during November general elections. during the general elect e,,,,nei o., whose hose te,.ms expire at the en r^f o a....ber-of that o l�.,,,ne �.V{.L1S�. f une 30 2008 r, 30 201 n � eFS�2 �g.t�32-i�dy6�F<<h9se-i2�S 2�Fp42-c�S erv-uxx�vv, , ,z�T , shall eentinue in office until th * - s have been elected at the November-eleetie.n. duly eleeted and qualified. Each candidate shall state, at the time of filing, whether he is running at 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 fef one twat-large seas. A candidate running for mayor shall not run for any other seat. In the event any councils 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 council '&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. 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. 6 Sec. 3.02:3. Reserved. . during his teinm te be a eandidate for-an at large seat, the coune—il mpm:hpr.-;h;lll the filing of petitiens as required by general law. gueh r-esignatien sha]4 be effiaefive on Peee1«1Ver 31, shall r.stk to the eotifieA fflember-'s ;. tef4ien t f: « for-the at large Pont, uizu sb.n re11 F a er.tn a by the ei b.e n shall ua.u� e rv.e.�. be final and iffeweable whentende �'c expsed pQi4ien of tef of any ea,anei4 whee has resigned to :-R-1 In-fi-:w- -;;ff at large seat shaJ4 be filled at the same general ele tie r by s nt eleetie if the at large seat;s to be Qe,a by sp ni Wien. sb,nll tender-his r ratio as a e-A1 ,fr. .,•.l,er net less than 10 days r er-to tb,e .ante for-the filing ef petitions as required by geneFal law. Sueh resignation shaLl be eff-eetive en Peeember 3 1, 11 t't„te tb,e 1 b e '. ter,t'e.., t, F tb,e crrr-"siTcrsc6ii�rriresc�crn. cvuixca rixcriiv�i�-iirccnrivrrcvTdirivrrrtt, res}denee distT4c4s ei eat :s to be fi11e,a by s nl ele ie n. Ir�aiH /ate L CHARTER AMENDMENT 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 r,,,,se Fik l$ _ 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 amended, with language to supersede a local charter, to reflect the City's ten single-member district system. 10 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 if such order is later vacated, may adopt an ordinance to convert one or more at-large members of such 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 „3e arz7, 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 7 J� 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 RfN �Y 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 J 98 AIL(( 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`h 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 � . ` 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 ,..a 2� a 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 intellectual property, including production of audio, video, or visual content;literary or performing arts; production offilm, 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 3E'AU, ��. 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 �38 AlN- VIRGINIA CODE AMENDMENT Re-Establish the Virginia Minority Business Commission Background: During the 2020 General Assembly Session, then Delegate, Jason Miyares, introduced legislation to establish the Virginia Minority Business Commission. While the legislation failed to pass, the legislature created the commission though the budget process. The Commission began meeting in January 2021 and met four times in its first year, reviewing Virginia's 2020 Disparity Study and Programs that support Small Women and Minority (SWaM) owned businesses and making recommendations to the General Assembly to promote the growth and competitiveness of Virginia's minority-owned businesses. The Commission was very successful, with the passage of multiple pieces of legislation including the requirement to do a disparity study every five-years and the creation of a mentor program for SWaM businesses. Request: The City Council requests that the General Assembly re-establish the Virginia Minority Business Commission to develop strategies and recommendations to promote the growth and competitiveness of Virginia's minority-owned businesses. 21 Aliry J� - �.�' 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. 22 Al a 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. 23 j9 At 1y .tF 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. 24 fJ 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. 25 98 AffT 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 The City Council supports any legislation that: • Provides localities greater authority to enforce their zoning ordinances as they relate to STRs 26 r •r rrr /�/rr� //!rl r''r� �7� � _ rr /r r//r!!/fr 'll rrrlr /rrr rrr r r rrlr r ON a U 2 0 0 DO' ce oeA.h. an oe o 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 virginiabeach.govL V i CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Resolutions to Request the General Assembly Amend the City Charter 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 were 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. 0 Attachments: Resolutions(2), Exhibit A to Election System Resolution Charter Amendments Page 2 of 2 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 WOOTEN 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 32 3.02:1, 3.02:2, and 3.02:3 of the City Charter to implement the ten single-member§ di0strict 33 of elections. The attached Exhibit A, which is incorporated herein, provides the requested 34 text of such amendment. of Adopted by the Council of the City of Virginia Beach, Virginia, on the , 2023. day :R;OD AS TO LEGAL SUFFICIENCY:O 1 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 seyen residence districts of approximately equal population which shall be numbered one through ten sever►.The council shall consist of eleven members, the mayor elected at large and iRGludiRg the mayer, one member to be elected by and from each of the ten single-member election districts.the Gity at!aFge frern the residents F eaeh F the seven. E- t tS and h B. The boundaries des of such districts shall be established by ordinance e^ ^•befO e ^ aFch , 1996, and thereafter the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. FefeFendum to be held on the questien of whetheF the council membeF elected fFem each district shall be elected by the qualified voters of that r-io-Strar--t ratheF than at large.The werdiRg ef the questieR shall be Sec. 3.01:1. Implementation of districts. A. At the November 2024 May 1996 general election,the thFee members representing district 1, district 3, district 5, district 7, and the mayor shall be elected_by the eity at large 40M the resideRts f the Bl .The terms of the members so elected shall commence January 1 2025 and expire on December 31, 2028.july 1, 1998 T- ju myry i, 2000. B. At the November 2026 general election,in May ef 19987 the members representing district 2 district 4 district 6, district 8, district 9 and district 10 shall be elected. thFee shall be eleEted for teFms of two years and the members eleeted at !aFge fFE)m districts RumbL-rpd fe, thFaugh seven shall be elected f9F terms ef f9uF yeaFs.The terms of the members so elected shall commence January 1,2027, and expire on December 31 2030 F,^„,the City at ^ ., large M of 1999 h ii i i 2002 T F � � �Y , hc-�-c-a* rcCr 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. geneFal election iR eveR years theFeafter, fer ceuncil Fnembers whese teFrns expire at thp eRd Af Derember of that year. Council membeFs, iRGlUdiRg the mayer,whose terms expire as efjURe BE), 2008, eF june 30, 20-10, shall continue in GffiGe 1-IRM thP—OF successers have been elected at the NovembeF electieR and take office eR januaFy i. shal'centaRue LiRtol his successor has beeR duly elected 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; 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 foF one of the 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 council,ma+R-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 Fesignationto ,„ c mernbeF not less than 10 days PFOOF W the date foF the filing ef petitions as requiFed by geneFal law S,wh Shall be effective an December 31,shall censtitute the Gauncil membpr',; i.n.te.n.tiA.A.t-E) FLAR fE)F the at large seat, shall FeqLAOFe ne formal acceptanGe by the remaining GeURGOI membeFs, and shall be final aPA Fun fer aR at large seat shall hP filled ;;it the Same geneFal eleEtOOR OF by special electieR if the at IaFge seat icy be filled by special I ti � ibeFs and shall be o Fi CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Resolutions to Request the General Assembly Amend the City Charter 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 were 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. 0 Attachments: Resolutions(2), Exhibit A to Election System Resolution Charter Amendments Page 2 of 2 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 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. of Adopted by the Council of the City of Virginia Beach, Virginia, on the , 2023. day AP VED AS TO LEGAL SUFFICIENCY: J i y o ne s 0 ice CA16344 R-1 October 10, 2023 ?�.NA •tt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing the 90-Day Festival Task Force MEETING DATE: November 14, 2023 ■ Background: The City hosts many different festivals, both at the Oceanfront and throughout the City, that local residents enjoy and that also attract tourists and other visitors to the City. The City receives many requests from festival organizers for financial support, and the City Council desires to establish a process whereby such requests could be evaluated to determine the amount of funding, if any, that should be provided to a particular festival, including those that are produced by community-based organizations and festivals that are secured by the City to generate a positive economic and tourism impact. The City also supports festivals by facilitating the use of City-owned property, including both public areas and City facilities, and the City provides significant public safety, traffic management, clean up, planning and logistical support, and these in-kind City services have a financial value for the festivals. The City Council previously established the Arts and Humanities Commission and the Community Organization Grant Review and Allocation Committee. The former evaluates requests for City financial support by organizations that provide a variety of artistic and cultural activities and programs, and the latter evaluates requests for City financial support from qualified non-profit organizations that provide services that enhance the quality of life for City residents. Both are allocated a set amount of total funding in the City's annual operating budget, and they use grant criteria to determine the amount of funding, if any, that will be provided to applicant organizations. The City would benefit from creating a facilitated 90-Day Task Force to provide recommendations for developing criteria for the allocation of City funding in support of festivals, and once those criteria are developed and approved by the City Council, the City Council could consider allocating funds for festivals in a way that is similar to the allocation of arts and humanities and community organization funding. The Task Force would provide recommendations for updating and revising the Oceanfront Parks Policy and provide recommendations in developing evaluation criteria to include, among other metrics, an analysis of the potential return on investment via the attraction of tourists and visitors to large festivals, as well as an analysis of the return on investment, via the impact on our community and residents, for festivals that are held primarily for the enjoyment of local residents; and evaluation criteria should also ensure that City-supported festivals will be inclusive and appeal to diverse audiences, with festivals held not only at the Oceanfront but throughout the City. ■ Considerations: The attached resolution establishes the 90-Day Festival Task Force, which shall be a facilitated task force, to serve in an advisory capacity to the City Council. The Task Force will consist of 11 voting members, including a resident of District 5 and a resident of District 6, a representative from the agricultural community in District 2, a citizen with experience in planning community festivals in parts of the City that are outside of the Resort Area, and citizens from other parts of the City, as well as a representative of each of the following entities: the Resort Advisory Commission, the Bayfront Advisory Commission, the Central Business District Association, the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. The City Manager and the City Attorney will provide staff support to the facilitated 90-Day Festival Task Force, including: a facilitator; a representative of the Convention and Visitors Bureau with event programming responsibilities; a representative of the Parks and Recreation Department with event programming responsibilities for City parks, including but not limited to Mount Trashmore; a representative of the Emergency Management Department; and a representative of the Department of Budget and Management Services. The resolution provides that the 90-Day Festival Task Force shall propose revisions to the current Oceanfront Parks Policy and develop festival funding review criteria and processes, and shall submit those recommendations to the City Council for its consideration within 90 days of the Task Force's first meeting so its recommendations can be considered prior to the submittal of the City Manager's Proposed Fiscal Year 2024-25 Operating Budget. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Resolution Requested by Vice Mayor Wilson and Councilmembers Berlucchi, Remick, Ross- Hammond and Schulman REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 A RESOLUTION ESTABLISHING THE 90-DAY 2 FESTIVAL TASK FORCE 3 4 WHEREAS, the City of Virginia Beach hosts many different festivals, both at the 5 Oceanfront and throughout the City, that local residents enjoy and that also attract tourists 6 and other visitors to the City; 7 8 WHEREAS, the City receives many requests from festival organizers for financial 9 support, and the City Council desires to establish a process whereby such requests could 10 be evaluated to determine the amount of funding, if any, that should be provided to a 11 particular festival, including those that are produced by community-based organizations 12 and festivals that are secured by the City to generate a positive economic and tourism 13 impact; 14 15 WHEREAS, the City also supports festivals by facilitating the use of City-owned 16 property, including both public areas and City facilities, and the City provides significant 17 public safety, traffic management, clean up, planning and logistical support, and these in- 18 kind City services have a financial value for the festivals; 19 20 WHEREAS, the City Council previously established the Arts and Humanities 21 Commission and the Community Organization Grant Review and Allocation Committee; 22 the former evaluates requests for City financial support by organizations that provide a 23 variety of artistic and cultural activities and programs; the latter evaluates requests for 24 City financial support from qualified non-profit organizations that provide services that 25 enhance the quality of life for City residents; and both are allocated a set amount of total 26 funding in the City's annual operating budget, and they use grant criteria to determine the 27 amount of funding, if any, that will be provided to applicant organizations; 28 29 WHEREAS, the City would benefit from creating a facilitated 90-Day Festival Task 30 Force to provide recommendations for developing criteria for the allocation of City funding 31 in support of festivals, and once those criteria are developed and approved by the City 32 Council, the City Council could consider allocating funds for festivals in a way that is 33 similar to the allocation of arts and humanities and community organization funding; 34 35 WHEREAS, the Task Force would provide recommendations for updating and 36 revising the Oceanfront Parks Policy and provide recommendations in developing 37 evaluation criteria to include, among other metrics, an analysis of the potential return on 38 investment via the attraction of tourists and visitors to large festivals, as well as an 39 analysis of the return on investment, via the impact on our community and residents, for 40 festivals that are held primarily for the enjoyment of local residents; and evaluation criteria 41 should also ensure that City-supported festivals will be inclusive and appeal to diverse 42 audiences, with festivals held not only at the Oceanfront but throughout the City; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA, THAT: 46 47 1 . The City Council hereby establishes the 90-Day Festival Task Force, which 48 shall be a facilitated task force. 49 50 2. The Task Force shall serve in an advisory capacity to the City Council, and the 51 City Council shall appoint its members. 52 53 3. The Task Force shall consist of 11 voting members, including a resident of 54 District 5 and a resident of District 6, a representative from the agricultural community in 55 District 2, a citizen with experience in planning community festivals in parts of the City 56 that are outside of the Resort Area, and citizens from other parts of the City, as well as a 57 representative of each of the following entities: the Resort Advisory Commission, the 58 Bayfront Advisory Commission, the Central Business District Association, the Virginia 59 Beach Hotel Association, and the Virginia Beach Restaurant Association. 60 61 4. The Task Force shall provide its recommendations within 90 days of its first 62 meeting, and the Task Force will automatically dissolve upon submission of those 63 recommendations. The Task Force may recommend that a citizens committee be 64 created to evaluate festival funding requests, and if the Council agrees, the Council may 65 create a new committee or commission for that purpose. 66 67 5. The City Manager and the City Attorney shall provide staff support to the 68 facilitated 90-Day Festival Task Force, including: a facilitator; a representative of the 69 Convention and Visitors Bureau with event programming responsibilities; a 70 representative of the Parks and Recreation Department with event programming 71 responsibilities for City parks, including but not limited to Mount Trashmore; a 72 representative of the Emergency Management Department; and a representative of the 73 Department of Budget and Management Services. 74 75 6. The 90-Day Festival Task Force shall propose revisions to the current 76 Oceanfront Parks Policy and develop festival funding review criteria and processes, and 77 shall submit those recommendations to the City Council for its consideration within 90 78 days of the Task Force's first meeting so its recommendations can be considered prior 79 to the submittal of the City Manager's Proposed Fiscal Year 2024-25 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12023. APPROVED AS TO LEGAL SUFFICIENCY: ' � 3---- City Attorney's Offi CA16325 R-7 November 3, 2023 �d` x.y• 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 Estate City Manager: ( 9) 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 e 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 36 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. CA16244 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p042\00914786.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLI WORK R AL ESTATE CITY A OR EY p p PARTIALIPROPERTY ` PARTIAL PROPERTYTACQUISITION Rye SACQUISITION (3248 CREEK SIDE DRIVE) —_ *(3�15�2�LS3 CR EE K S I D E DRIVE)-, 17 Q TOTAL PROPERTY . ACpUISITION °r to - - (( (1092 LYNNH ARKWAY) s Q- xj IN� 3r 'f. AW Legend GPIN Property Address Owner Zoning Q _ w 1496-01-8474 1092 Lynnhaven Parkway ZAR Properties LLC B2 1496-01-8474 1496-11-1463 3253 Creekside Drive Jake Maines Al2 V �.- sr 1496-11-1463 ' +` 4; •+ ' 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 s CIP: 100521 �Property To Be Acquired 1496-11-2364-4,553 Sq.Ft. Cl Feet City Property 0 30 60 120 Prepared by P.W./Enq./Enq Su000rl Services Bureau 0 8131/2 0 2 3 \ ADD\ProjectsVARC FilesVAG N A MAP the Lakes South London Bridge reek\ he Lakes South London Bridge Creek Aerial.mrc PARTIAL PROPERTY PARTIAL PROPERTY ACQUISITION �E ACQUISITION (3248 CREEKSIDE DRIVE) (3253 CREEKSIDE DRIVE) C'10 TE + i CR Qr TOTAL PROPERTY ACQUISITION (1092 LYNNHAVEN PARKWAY) FO� 1 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 1496-11-1463 1496-11-2364 3248Creekside Drive Ronald Jackson and Azab Jackson Al2® O 1496-11-2364 LOCATION MAP O 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 CIP: 100521 1 ` Property To Be Acquired 1496-11-2364-4,553 Sq.Ft. Feet City Property 0 30 60 120 Prepared by P.W./Enq/Enq.Su000rt Seances Bureau 08/31/2023 X-tCADD\ProgectslARC RkesVAGENDA MAPS\The Lakes South London Bridge Creek'The Lakes South London Bridge Creek.mxc rSX`tu 6E,�c�L, rc " ti `4iwn 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 8 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 seg. 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\dfs 1\a ppIi cation s\citylaw\cycom32\wpdocs\d011\p044\00911538.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL R SUFFICI CY AND FORM P Bffic w0 KS/REAL ESTATE CITY ATf OR Y mill of M � Imo' . ,.•. � I � `I'f/� a �: +' • � ' ..._ �� Are : ® �/ �� • .. ® � 4w LOCATION MAP �� .• MPS LAKE WATER QUALITY • Legend t MA . RETROFIT PROJECT Pr ■ �. . 1 1 • - -•. •• • • • ••• - 1• 1 ••• • •• 1 fit ua u� 4 T - a_ BARROWLST \a. C ;'__ _ � " �, . 'SOUTHERN .wafjI �rQ yt' :L' �. JMi W \ � 1 /NN / • .\�. N k "j'x'+ • t "'., � "3 Vf IT ,N � � /RI,►�;y� � :���FNTa i r� tt iy, !y 1 p ,L'�-!'�. ., x .C`•, ,-'.�.`�. s' CIO �'' ,t: .'y *.fir tA �h�<h, f� CFS''r`�►' �f/ Iit A A � `lQ, al,��►r�,. • �' My 1 `rr��I 1►q� , i '��;'�lii+►' . . 1 w ` �♦,RAY , w-7, `� n ®R tic �U `�;•�' a �i 'ca, n 'All. «.,'t-fi � 1� O^ j •j�T i 't.`j _•.�' .1_ A � t '�N.. , '+ ,4. .t .js,.,/�j..^t '�'� N5 rA Y� 1 y+ /'' �a► ''' o t t it m a��-,� , Z 030, ... � �- LOCATION MAP - 'Q Ili" ,fin! `y= X. «. -,� e ., -..�'t " =y. �0 1#_ ? f '1� ?�,? 1 its—i�r 0•� cn KEMPS LAKE WATER QUALITY ge��dAof -, ., c `:�-d-+ r; ! ,. t � a.1 �. * RETROFIT PROJECT Project Area `� - �` "�� ► ' �4YNE R� } ' 'j r ., CIP: #100567 � .t ���, ' ` � t +� +A� !�' ��" : Feet City Property d'. s ,� °; � Q , ���_,, , 0 250 500 1,000 Prepared by P.W./Ena./Enq.Support Services Bureau 09/11/2023 X:\CADD\Projects\ARC Files\AGENDA MAP S\1467-63-5850\1467-63-5850 Aerial.mxc 4y' 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 (G PI N: 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 LENGTH 'L, N 22 38'48'E u.00 zEXHIBIT A L2 S 8T 21'12"E 15.03'L3 S 10.4536"E 10.12'L4 S 10'd535'E 18A5 UPTON DRIVE VARIABLE WIDTH R/W (M.B.302,P.56-57) (M.B.304,P.78-79)(D.B.2466,P.1258-1260) INSTR.#202107000121 N 3,446,415,953 N 3,446.796.981 E 12 213 858.550 E 12 214 017.520 PIN FOUND ST ORM PIN IN CONCRETE FOUND 2P CQG C XH BASM S 22°3T 06-W PIN(FOUND) 175.2T O TT OF IV TO 201 N 22'38'48•E I I 412.86 I �1. 20 PRIVATE UTILITY EASEMENT NOW OR FORMERLY g PLT_202107000217 � ly VICINITY MAP R=35.W me CITY OF VIRGINIA BEACH 1'=1000' I ARC=5410 l D.B.2466,P.1258 8 1259 I I I to y m m IN m_ 15'DOMINION ENERGY Q MPARCEL X2 I II i$�Z WRGINIA EASEMENT TO BE ACQUIRED S O+g 0�7pAN GPIN•2414 46 0549 I Z .< e :2 VARIABLEPUC DRAINAGE,ICCESS DTH AND OP`ti 0.P ,�Z I I I i NOW OR FORMERLY MAINTENANCE EASEMENT W NOW OR FORMERLY I INSTR.#202207000217 RED MILL OUTPARCELS,LLC 15'DOMINION ENERGY i I I I � HOSPICE HOUSE OF a INSTR. #20190528000426980 pp N19 W46' 122.95' N 6° 55•E 73.03' HAMPTON ROADS r0 F Q VIRGINIA EASEMENT ///777 /7 r ^ PARCEL H7 70 BE ACQUIRED 1T �/7 //� �O j/ m INSTR.#RCEL 001229 INSTR.#IN-2414460222•PLAT +`/� ,, `�L✓11 L/ -55.w � m 3 F ao GPIN-2414 46 0208 E I I S 19°50' W 120.44' S 26' PARCEL V �5✓`•W INSTR. 241447201217 GPIN•241d 672012 awiZ'aQ f cot`S H B 05 //// Sri 15 �i a&�-- 1 S 19°50 46•Y'/ 113 74' S 26'26'SSW 73.51' PIN(FOUND) Z>ais 5T S VARIABLE WIDTH PUBLIC IMPOUNDMENT,DRAINAGE.ACCESS �- AND MAINTENANCE EASEMENT_ 40� I INSTR.#202207000217 w dmm Y g Ip0°g'LmaOwWz LU W Zr �Zvmryi�ervZ -fgQ 9n mm '0p pJ}m vmZ Oae0 �gmo -anZow PI S+ 2<Z UOfZ a mW1 m34 20 07 9WO} d(FOUND) Z QZ J;QC � ~m4mg .60 n OUJ: yQu o a �Z o.2 Off' � o-i]V Q $z 0 it — 01% 0 92 uJ m g -P ma3Y Zm m�?e MONUMENT LEGENDm 3m as Z Mo � SS- 5 Qz> 2 z DUWz QW 0 PIN(F)-IRON ROD FOUN LLI 0 i NOTES H W Q 0 •PIN(P)-IRON ROD PLACED QL 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. PROPOSED PARCEL X 71.189 1.880 R/W PLAT: 25-23-0068 EASEMENT TO BE ACQUIRED 3. THE PROPERTY LINES AND AREAS SHOWN ON THIS PLAT ARE BASED UPON AN ACTUAL 15 DOMINION ENERGY WORK REQUEST: #10578741 FOR FIELD SURVEY BY TEAM FISHEL AND FROM PLATS AND DEEDS OF RECORD. VIRGINIA EASEMENT DOMINION ENERGY VIRGINIA TO BE ACQUIRED 8,798 0.202 GRID: N1112 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 ® VIRGINIA BEACH.WRGINIA DENOTES 15'DOMINION ENERGY VIRGINIA SCALE'1'=40- AUGUST 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 PUBLIC 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 PUBUC WORKS,CITY OF VIRGINIA BEACH CITY SURVEYOR,CITY OF VIRGINIA BEACH etreyndEsQleam6shd.com W.O.10578741 i 1i cp �/ / / ��NeRip W E NIMMD PW J / SITE PROPOSED 15' DOMINION EASEMENT ►Ny�TF �0 8 O I I 1 �� j DRAINAGE 1 1 1 EASEMENT 1 1 1 I 1 1 VARIABLE WIDTH 1 1 1 PUBL'IC IMPOUNDMENT, DRAINAGE�-ACCESS,AND 1 MAINTENANCE EASEMENT 1 1 1 1 1 VARIABLE WIDTH PROPOSED 15' 1 PUBLIC DRAINAGE, DOMINION EASEMENT 1 ACCESS,AND MAINTENANCE 1 EASEMENT 11/440 LOCATION MAP EXCESS CITY PROPERTY Legend 15' DOMINION EASEMENT 2414-46-0549 G P I N:2414-46-0549 City Property Feet 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 Viryinia Burch 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? © 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. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 P a F, e Disclosure Statement W City of Virginia Bcurh 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 broke r/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 M 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 ® NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement W City of Viryinia Bondi 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 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. 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. 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 connection with this application. Applicant Signature d fn N(Nf/SCA #a&r Print Name and Title Christina Schneider Customer Projects Designer Date 1/24/2023 Is the applicant also the owner of the subject property? ❑ Yes M NO • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 Disclosure Statement W City of Vilyinia Beach Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 1 P a g e Disclosure Statement W City of Virginia Beach 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 © No • If yes,what is the name of the official or employee and what is the nature of the interest? "'Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a ' Disclosure Statement W City oftiryinia Beuch 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 xU City of Vbyinia Bead 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 Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Reid, Carter M. Executive Vice President, Chief of Staff and Corporate Secretary Senior Vice President - Regulatory Affairs and Customer Arnett, Corynne S. 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 Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer 1 Locke, Robert H. Vice President - Distribution Operations i Purohit, Prabir Vice President - Finance i Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President - System Operations Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction 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 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council Approving the Issuance of Residential Care Facility Revenue Bonds (Westminster-Canterbury on Chesapeake Bay) MEETING DATE: November 14, 2023 r Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Westminster-Canterbury on Chesapeake Bay ("Westminster-Canterbury"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed$525,000,000(the"Bonds") in order to(1)finance and refinance the costs of demolition of existing structures and the acquisition, design, construction and equipping of an up to 22-story building containing approximately 226 independent living units; indoor and outdoor dining space; a movie theater; a rooftop deck with a pool and pickleball court; a five-level parking garage and other amenities to be located on or in close proximity to 3100 Shore Drive, Virginia Beach, Virginia 23451; (2) refinance the existing debt associated with the acquisition of the four-story senior living facilities commonly known as Opus Select, and located at and around 3317 Ocean Avenue, Virginia Beach, Virginia 23451; and (3) finance and refinance other capital projects at Westminster- Canterbury's existing community all within the existing structures or existing parking facilities located at the community (which is located in and around the addresses stated above) and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. r Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia,which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on October 17, 2023. The debt issued shall be non-recourse to the City or Authority and shall not constitute a debt of either body. Westminster-Canterbury is a not-for-profit assisted living facility providing residential care for the aged available to residents of the City. Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. Recommendation: Approval Attachments: Resolution Authority's Submittal Letter to Council w/attachments: - Certificate - Notice of Public Hearing - Summary of Statements at the Public Hearing - Authority's Resolution - Statement of Authority - Economic Impact Statement - Economic Development's Letter to Authority Location Map Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: hod, J ' I RESOLUTION OF CITY COUNCIL APPROVING THE 2 ISSUANCE OF RESIDENTIAL CARE FACILITY 3 REVENUE BONDS (WESTMINSTER-CANTERBURY 4 ON CHESAPEAKE BAY) 5 6 WHEREAS,the City of Virginia Beach Development Authority(the "Authority") has 7 approved the application of Westminster-Canterbury on Chesapeake Bay("Westminster- 8 Canterbury"), a Virginia nonstock corporation, whose primary business address is 3100 9 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting that the 10 Authority issue up to $525,000,000 of its revenue bonds in one or more series at one time 11 or from time to time (the "Bonds") and loan the proceeds of the Bonds to Westminster- 12 Canterbury in order: 13 14 (1) to finance and refinance the costs of demolition of existing structures and 15 the acquisition, design, construction and equipping of an up to 22-story building 16 containing approximately 226 independent living units; indoor and outdoor dining space; 17 a movie theater; a rooftop deck with a pool and pickleball court;a five-level parking garage 18 and other amenities to be located on or in close proximity to 3100 Shore Drive, Virginia 19 Beach, Virginia 23451; 20 21 (2) to refinance the existing debt associated with the acquisition of the four- ' 22 story senior living facilities commonly known as Opus Select, and located at and around 23 3317 Ocean Avenue, Virginia Beach, Virginia 23451; 24 25 (3) to finance and refinance other capital projects at Westminster-Canterbury's 26 existing community all within the existing structures or existing parking facilities located 27 at the community (which is located in and around the addresses stated above) and 28 amounts required for reserves, working capital, capitalized interest, costs of issuance and 29 other financing expenses related to the issuance of the Bonds. Items (1) and (2) are 30 collectively referred to as the "Plan of Finance"; 31 32 WHEREAS,the Authority held a public hearing on October 17, 2023, regarding the 33 Plan of Finance; 34 35 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 36 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 37 private activity bonds and over the area in which any facility financed with the proceeds 38 of private activity bonds is located must approve the issuance of the bonds and Section 39 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 40 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 41 approval; 42 43 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 44 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 45 the Bonds are located in the City and the City Council of the City of Virginia Beach, 46 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 47 WHEREAS, the Authority has recommended that the Council approve the Plan of 48 Finance and the issuance of the Bonds; and 49 50 WHEREAS, a copy of the Authority's inducement resolution approving the 51 issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the 52 public hearing have been filed with the Council. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56 57 1. The Council hereby approves the issuance of the Bonds, in an aggregate 58 principal amount up to $525,000,000, by the Authority for the benefit of Westminster- 59 Canterbury, solely to the extent required by Section 147(f)of the Code and Section 15.2- 60 4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. 61 62 2. The approval of the issuance of the Bonds does not constitute an 63 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan 64 of Finance or Westminster-Canterbury. In accordance with Chapter 643 of the Acts of 65 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or a 66 pledge of the faith and credit or taxing power of the Commonwealth of Virginia or any 67 political subdivision thereof, including the Authority and the City. 68 69 3. This resolution shall take effect immediately upon its adoption. 70 71 Adopted by the City Council of the City of Virginia Beach, Virginia, on 72 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Nvelop nt City Attorney CAI 6248 1\vbgov.com\dfs1\applicationslcitylaw\cycom32\wpdocs\d005\p042\00801932.docx R-1 October 23, 2023 2 r VIRGINIA BEACH ULVELOPMENT Au t HURli October 17,2023 The Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Revenue Bonds Dear Mayor Dyer and Members of Council: We submit the following in connection with the request of Westminster-Canterbury on Chesapeake Bay's application for the issuance of residential care facility revenue bonds in an amount not to exceed $525,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. 1. Certificate of the City of Virginia Beach Development Authority(the"Authority") with the following attachments: a) Evidence of publication of notice of hearing(Exhibit A). b) Summary of the statements made at the public hearing(Exhibit B). c) Authority's Resolution recommending Council's approval (Exhibit Q. 2. Statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above (Exhibit D). 3. Economic Impact Statement(Exhibit E). 4. Letter from Dept. of Economic Development to the Authority commenting on the project (Exhibit F). Very truly yours, JJA W. Ta or Franklin Vice Clair WTF/AWS/csk Enclosures 4525 Main Street,Suite 700,Virginia Beach,VA 23462 (757)385-6464 CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies as follows: 1. A meeting of the Authority was duly called and held on Tuesday,October 17,2023, at 8:30 a.m. before the Authority in the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public hearing on the application of Westminster-Canterbury on Chesapeake Bay,a Virginia nonstock corporation organized under the laws of the Commonwealth of Virginia, and that a notice of the hearing was published once in a newspaper having general circulation in the City of Virginia Beach, Virginia(the "Notice"), with the publication appearing not less than seven days prior to the hearing date. A copy of the Notice is attached and has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit_C is a true, correct and complete copy of the inducement resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed,revoked,rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, as of October 17, 2023. Secretary, City of Virginia 3each Development Authority [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C -Approving Resolutions EXHIBIT A NOTICE OF PUBLIC HEARING (See Attached) 4a M E D I A Sold To: McGuire Woods LLP-C000009970 800 E Canal St,16th Floor Richmond,VA 23219-3916 Bill To: McGuire Woods LLP-C000009970 800 E Canal St,16th Floor Richmond,VA 2321 9-3 91 6 Affidavit of Publication State of Illinois County of Cook Order Number:7511986 Purchase Order:7511986 WCCB 2023-Notice of This day,Jeremy Gates appeared before me and,after being duty sworn,made oath that: 1)He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Vkginian-Pilot Media Companies,LLC in the city of Norfolk,Portsmouth,Chesapeake,Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites clessifieds.pilotonfine.com and https://www.publicnotioevirginia.com Published on:Oct 10,2023. Kill Jeremy Gates Subscribed and sworn to before me in my city and state on the day and year aforesaid this 10 day or October,2023 My commission expires July 6,2025 1 Notary Signature AURIA JOE 0"al SW +rotary"ltn•sum at n[tnsk MY CWrtir4000 Grp M h 16.b2i Notary tamp Cuk VIRGINIA M E 0 1 A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE ISSUANCE OF UP TO $523,000,000 OF ITS REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY Notice Is hereby given that the Clay of Virginia Beach Development Author- ity(the 'Authority'),will hold a public hearing on the application of V&st- minsteroanterbury on Chesapeake Bay, a Virginia nonstock corporation ('Westminster-Canterbury'), whose address Is 3100 Shore Drive,Virginia Beach,Virginia 23451,requesting the Authority Issue up to $525,000,000 of Its tax-exempt revenue bonds (the 'Bonds"),In one or more series from time to time to finance the plan of tl- nance described below(the'Plan of Fi- nance').The Bonds are expected to be Issued as qualified 501(c)(3)bonds as deftned in Section 145 of the Internal Revenue Code of 1986,as amended. The Authority will loan the proceeds of the Bonds to WestminsterCanterbury: (1)to finance and refinance the costs of demolition of existing structures and the acquisttion,design,construc- tion and equipping of an up to 22-story building containing approximately 226 independent hying units; Indoor and outdoor dining space;a movie theater; a rooftop deck with a pool and pickle- ball court; a five-level parking garage and other amenities to be located on or In close proximity to 3100 Shore Drive, Virginia Beach,Virginia 23451 (the'New Money Project"); (2)to refinance the extstkrg debt asso- ciated with the acquisition of the four- story senior living facilities commonly known 83 Opus Select,and located at and around 3317 Ocean Averwe,Vir- glnla Beach,Virginia 23451(the'Refi- naming Project');and (3) to finance and refinance other capital projects at Westminster-Can- terburo existing community all within the existing structures or existing park- ing faciittles located at the community (which Is located In and around the addresses stated above)and amounts required for reserves,working capital, capitalized Interest,costs of issuance and other financing expenses related to the Issuance of the Bonds. The amount of Bonds expected to be issued for the New Money Proj- ect and the Refinancing Project Is $475,000,000 and $50,000,000,re- spectively. Westminster-Canterbury expects to own and operate all projects being fi- nanced as part of the Plan of Finance. THE ISSUANCE OF THE BONDS AS REQUESTED BY WESTMINSTER- CANTERBURY WILL NOT CON- STITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OTHER POLITICAL SUB- DPASION THEREOF INCLUDING THE AUTHORITY AN6 THE CITY OF VIRGINIA BEACH VIRGINIA AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE 4" VIRGINIA M E D 1 A LUMML)NTVML1r1 UP- VIKU1111A OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE CITY OF VIRGINIA BEACH VIRGINIA, WILL BE PLEDGED Tb THE PAY- MENT OF SUCH BONDS BUT WILL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM WESTMINSTER-CANTERBURY AND PLEDGED TO THE PAYMENT THEREOF The public hearing, wt1lch may be conthred or adjourned, will be held at 8:30 a.m.on Tuesday,October 17, 2023.before the Authority,in the Au- thorltys offices located at 4525 Main Street,Suite 700,Virginia Beach,Vir- ginia 23462.Arty person Interested In the Issuance of the Bonds may appear at the hearing and present his or her views.Information regarding Westmin- ster-Canterblsy's request is on file and is open for Inspection at the Authorltys office at 4525 Main Street,Suite 700, Virginia Beach,Virginia 23462 during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCTOBER 10,2023-7511986 EXHIBIT B SUMMARY OF STATEMENTS A representative of counsel for Westminster-Canterbury on Chesapeake Bay appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $525,000,000 FOR THE BENEFIT OF WESTIVIINSTER- CANTERBURY ON CHESAPEAKE BAY WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), a political subdivision of the Commonwealth of Virginia(the "Commonwealth"), is empowered by Chapter 643 of the Acts of Assembly of 1964,as amended(the"Act"),to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3)ofthe Internal Revenue Code of 1986,as amended(the"Code");and . WHEREAS, the Authority has received a request from Westrninster-Canterbury on Chesapeake Bay,a Virginia nonstock corporation("Westminster-Canterbury"), whose address is 3100 Shore Drive, Virginia Beach, Virginia 23451, requesting the Authority to issue and sell its revenue bonds(the"Bonds")from time to time and in one or more series, pursuant to the Act, to provide funds to Westminster-Canterbury: (1) to finance and refinance the costs of demolition of existing structures and the acquisition, design, construction and equipping of an up to 22-story building containing approximately 226 independent living units; indoor and outdoor dining space; a movie theater, a rooftop deck with a pool and pickleball court; a five-level parking garage and other amenities to be located on or in close proximity to 3100 Shore Drive,Virginia Beach,Virginia 23451; (2) to refinance the existing debt associated with the acquisition of the four-story senior living facilities commonly known as Opus Select, and located at and around 3317 Ocean Avenue, Virginia Beach,Virginia 23451;and (3) to finance and refinance other capital projects at Westminster-Canterbury's existing community all within the existing structures or existing parking facilities located at the community (which is located in and around the addresses stated above) and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. Items(1)and(2)are collectively referred to as the"Plan of Finance";and WHEREAS,on October 17,2023,an inducement resolution was adopted by the Authority and a public hearing was held as required by Section 147(o of the Code,and Section 15.24906 of the Code of Virginia of 1950,as amended(the "Virginia Code"); and WHEREAS, the Authority desires to authorize the issuance of the Bonds, and the documents evidencing and securing the Bonds, subject to the approval of the City Council of the City of Virginia Beach, Virginia (the "Council"), as required by Section 15.2-4906(C) of the Virginia Code; and WHEREAS,the Authority may issue one or more series of Bonds under one or more Bond Purchase and Loan Agreements (each a "Bond Purchase and Loan Agreement"), among the Authority, Westminster-Canterbury and a lender chosen by Westminster-Canterbury (each a 179423172.5 "Lender"), and the Lender will loan the proceeds of each series of Bonds to the Authority under the respective Bond Purchase and Loan Agreement. The Authority will loan the proceeds of the Bonds to Westminster-Canterbury under such Bond Purchase and Loan Agreements, and Westminster-Canterbury will apply the proceeds under the terms of such Bond Purchase and Loan Agreements to undertake the Plan of Finance;and WHEREAS, to evidence Westminster-Canterbury's obligations under the Bond Purchase and Loan Agreements, Westminster-Canterbury will execute and deliver one or more promissory notes to secure the applicable series of Bonds(each a"BPLA Note*);and WHEREAS,the Authority may also issue one or more series of Bonds under one or more Bond Trust Indentures(each a"Bond Indenture"),between the Authority and a bond trustee to be selected by Westminster-Canterbury(the"Bond Trustee"); and WHEREAS,the Authority will loan the proceeds of the Bonds to Westminster-Canterbury under one or more Loan Agreements (each a "Loan Agreement"), between the Authority and Westminster-Canterbury; and WHEREAS, to evidence Westminster-Canterbury's obligations -under the Loan Agreements, Westminster-Canterbury will execute and deliver one or more promissory notes to secure the applicable series of Bonds(each a "LA Note" and together with the BPLA Notes,the "Notes"); and WHEREAS,the Bonds issued under a Bond Indenture are expected to be offered for sale by B.C. Ziegler and Company ("Ziegler"), or a group of underwriters managed by such firm (collectively the "Underwriters"),under one or more Bond Purchase Agreements (each a "Bond Purchase Agreement") dated the date of its execution and delivery, among the Authority, Westminster-Canterbury and Ziegler on behalf of itself or as a representative for the Underwriters; and WHEREAS, the Bonds offered for sale by the Underwriters will be accompanied by a disclosure document in the form of an official statement in preliminary form to be dated the date of its delivery(the"Preliminary Official Statement"),prepared under the direction of Westminster- Canterbury in connection with the offering and sale of those series of Bonds;and WHEREAS,there have been presented to this meeting preliminary forms of the following instruments (the "Authority Documents") which the Authority, if a party thereto, proposes to execute or approve to carry out the transactions described above,copies of which instruments shall be filed with the records of the Authority; (a) a Bond Purchase and Loan Agreement,including the forms of the Bonds; (b) a BPLA Note,with the Authority's assignment thereof; (e) a Bond Indenture, including the forms of the Bonds; (d) a Loan Agreement; -2- (e) a LA Note,with the Authority's assignment thereof; (f) a Bond Purchase Agreement; and (g) a Preliminary Official Statement. NOW, THEREFORE,BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby finds and determines that the Plan of Finance will be in the public interest and will promote the commerce, safety,health,welfare, convenience or prosperity of the Commonwealth,and the City of Virginia Beach,Virginia(the"City")and their citizens and in particular will promote the provision of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The issuance of the Bonds in one or more series,to be styled the"City of Virginia Beach Development Authority, Residential Care Facility Revenue Bonds (Westminster- Canterbury on Chesapeake Bay)" (with an appropriate series designation) for the purpose of financing the costs associated with the Plan of Finance is hereby authorized and approved,subject to the approval of the Council, as required by Section 15.2-4906(C)of the Virginia Code, 3. The Bonds shall be issued in an aggregate principal amount not to exceed $525,000,000, shall have a maximum initial interest rate of not more than 8.00% (whether such bonds are fixed or variable rate bonds),shall mature no later than 40 years from their issuance,and shall be substantially in the form attached as an exhibit to the Bond Indenture or the Bond Purchase and Loan Agreement, as applicable, and shall be issued upon the terms set forth in the Bond Indenture or the Bond Purchase and Loan Agreement,as applicable. 4. The Bonds and the other Authority Documents are hereby approved in substantially the forms submitted to this meeting, with such changes as may be approved, with the advice of counsel to the Authority, by the Chair or Vice Chair of the Authority, whose approval shall be evidenced conclusively by the execution and delivery of the Authority Documents, 5. The execution, delivery and performance by the Authority of the Authority Documents are hereby authorized and approved The execution of the Bonds and delivery against payment therefor,the amount of such payment to be disbursed in accordance with the terns of the Bond Indenture or the Bond Purchase and Loan Agreement, as applicable,are authorized. 6. The Chair and the Vice Chair of the Authority, either of whom may act, are each authorized to execute, on behalf of the Authority, the Bonds and the other Authority Documents, and, if required, the Secretary and Assistant Secretary of the Authority, either of whom may act, are each authorized to affix the seal of the Authority to the Bonds and the other Authority Documents(as needed) and to attest such seal. 7. The use and distribution by the Underwriters of the Preliminary Official Statement in the farm on file with the Authority are in all respects authorized, ratified and approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission("Rule 15c2-12"),the Chair or Vice Chair of the Authority, either of whom may act, are authorized to deem the Preliminary -3- Official Statement relating to the Bonds final except for information permitted to be omitted under paragraph(b)(l) of such Rule. The Chair and Vice Chair of the Authority, either of whom may act,are authorized and directed to execute and deliver the Authority's approval of the final official statement (the "Official Statement") upon approval of its form, terms and conditions. Such officer's execution shall constitute conclusive evidence of his approval of such form, terms and conditions. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of Rule l 5c2-12. 8. The use and distribution by the Underwriters of the Official Statement are hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair, either of whom may act, and whose execution thereof shall constitute conclusive evidence of his or her approval of such form,terms and conditions. 9. The Chair and the Vice Chair of the Authority, either of whom may act, are authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, including but not limited to a tax compliance certificate and an Internal Revenue Service Form 8038, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing,previously done or performed by such officers of the Authority, are in all respects approved and confirmed. 10. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments,documents or certificates,and to do and perform such things and acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing,previously done or performed by such officers of the Authority, are in all respects approved,ratified and confirmed. 11. The Bonds and the other Authority Documents shall provide that neither the Commonwealth nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the obligations under the Bonds and the other Authority Documents except from the revenues,receipts and payments pledged therefor,and that neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City, is pledged to the payment of such obligations. All costs and expenses of the Authority in connection with the issuance of the Bonds and actions taken pursuant to this Resolution, including the fees and expenses of counsel to the Authority, will be paid by Westminster-Canterbury or paid from the proceeds of the Bonds. 12. The Authority determines that the issuance of the Bonds in accordance with the terms of the Bond Indenture or the Bond Purchase and Loan Agreement, as applicable, and all actions of the Authority contemplated thereunder will be in fiutberance of the purposes for which the Authority was organized. -4- 13. No Bonds may be issued pursuant to this Resolution until such time as the issuance of the Bonds has been approved by the Council. 14. Subject to paragraph 13, this Resolution shall take effect immediately upon its adoption. -5- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies that the foregoing is a true,correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on October 17,2023,in accordance with law,and that such resolution has not been repealed,revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature and seal of the Authority as of October 17,2023. Z�z V/� /1 Secretary, City of Virginia each Development Authority [SEAL] j PP )VED AS TO CONTENT: W� Honk Develop at APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT D 4 VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $525,000,000 RESIDENTIAL CARE FACILITY REVENUE BONDS WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY The City of Virginia Beach Development Authority(the"Authority")recommends approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist an existing life-care facility to remain current in meeting new market demands for its services,maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT E Economic Impact Statement l. Amount of Investment $525.000.000 2. Amount of industrial revenue bond financing sought s�5.0on.nnn, 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 279.94D _ 4. Estimated real property tax per year using the $1.147.482 (includes personal present tax rate property taxes) 5. Estimated personal property tax 6. Estimated impact statement demonstrating the overall return to the City: A. Number of new jobs __ F1 TEs) 53 B. Payroll generated $2,696,917 Avg Wage $ 25 05 With benefits $ 3,492,994 Avg Wage- 31.75 C. Number of jobs retained] (FTEs) 410 D. Payroll retained $ 30,180.466 _ Avg Wage S With benefits $ 35.274,229 Avg Wage$ 41.40 E. Estimate the value of goods and services purchased within the geographic boundary of Virginia Beach by type(Inventory, Machinery, Professional Services, Insurance, Motor Vehicles, etc.): Type—New Proiect Only Value Food supplies $ 1,489,280 Others_ upplies and services $^9 584 660 Utilities $ 1Tl3,9to Insurance $ 1.372,668 . All Other Total.$ 6.480.518 Tvpe—Total, to include existink:op s Value Food supplies $ 5.201.911 Other supl2lies and services $ 17,537,044 Utilities $ ; ? 'S . Insurance $_ 3.189.134. _ Other Professional Fees $ 001.580 Pagel of 2 *All information in the Economic Impact Statement,except Items 1 and 2,relate to the new Independent Living project. If additional information is required for Opus Select,please let us know. Economic Impact Statement Training,Travel,Recruitment $ _ All Other $ Total $ 29.756,919(includes salary, benefits,taxes) F. Estimated building permit fee and other municipal fees permit/fees $ Gross Receipt tax $ $486,_000 for permits G. Estimated construction payroll $ See Attachment_A for construction budget. Please let us know if additional information is required. H. Estimated value of construction material to be purchased within the City of Virginia Beach $ See Attachment A for construction budget.Please let us know i a- ti nal information is required 1. Estimated number of construction jobs 505 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. is the site currently zoned for the use being proposed for the industrial revenue bond financing? X Yes--No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy)_Yes_X_No. 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? X Yes No. l o. Location of project (attach location map) ._c__:See Auachmem B -- -- -- -- - - - - 11. Explanation of alternative financing that has been reviewed for the project_ N/A Page 2 of 2 Attachment A Westminster Canterbury on Chesapeake Bay Bay Tower Budget "'RL 9.22.23 �ountrl Budget Hard • 71 Construction Bay Tower and Garage $ 278,250,525.00 Mock-ups $ 150,000.00 Preconstruction $ 811,890.00 Site Prep and Sanitation $ 200,000.00 Landscaping $ 50.000.00 Hazardous Material Allowance $ 150,000.00 Unsuitable Soils Allowance $ 75,000.00 Post Substantial Completion Adjustments $ ��250,000�0.00 � Security $ 300,000.00 FFE $ 3,382,881.50 FFE-Appliances in Residential Units $ 3,335,000.00 FFE-Artwork $ 188,289.50 FFE-Hydroponic Center $ 250,000.00 FFE-Fitness Center $ 100,000.00 Moving $ 300,000.00 Signage/Graphics $ 450,000.00 AudioNisual $ 250,000.00 AN-Equipment $ 750,000.00 AN-Communications-Television $ 100,000.00 Comm-Wireless Tech $ 1,506,316.00 Comm-Data Equipment $ 1,250,000.00 Comm-Nurse Call $ 1,125,000.00 Comm-Computer/Copier $ 100,000.00 Comm-Paging $ 100,000.00 Food Service Equipment $ 1,500,000,00 Allowance-Additional FFE $ 600,000.00 Westminster Canterbury on Chesapeake Bay Bay Tower Budget JLL 9.22.23 Account Description Budget Architect-HKS 4,840,110.00 Arch-Design Reimbursables-HKS g 351,208.00 Design Additional Services-HKS 300,000.00 Arch-Interior Design-SS5 3 491,230.00 Arch-Interior Design Additional Services SS5 $ 280,000.00 Arch-Interior Design Reimbursables 75,000.00 Arch-Interior Design Unit Selection Trackings 60,000.00 Civil Engineer-KH a 237,500.00 Civil Engineer-Additional Services 150,000.00 Civil Engineer-Reimbursables g 25,000.00 Landscape Designer-WPL c 111,500.00 Consultant-Art Curator 20,000.00 Consultant-Acoustical 25,000.00 Consultant-AudioVisual 75,000.00 Consultant-Auditor S 80,000.00 Consultant-Third Party Lender Auditor 1 100,000.00 Consultant-Curtainwall/Encl 1 101,500.00 Consultant-Elevator C52,000.00 Consultant-Environmental 30,000.00 Consultant-Photography 85,000.00 Consultant-Fitness 25,000.00 Consultant-Geotechnical c 120,000.00 Consultant-Material Testing and Inspection 564,868.50 Consultant-Marketing-Renderings/Virtual Reality for Sales 300,000.00 Consultant-Other Marketing cost thru Design Development c 202,249.00 Marketing-Sales Team Commissions-Reservations ¢ 112,500.00 Marketing-Sales Team Commissions-Move in 112,500.00 Marketing-Sales Team Commissions -95%Move-in 100,000.00 Marketing-Sales Team Commissions-70%Target 100,000.00 Marketing-Sales Team Commissions - 100%Target 100,000.00 Marketing-Advertising/Events/Sales Consult S 489,350.00 Marketing-Advertising/Events/Sales Consult 489,350.00 Marketing-Advertising/Events/Sales Consult 350,000.00 Marketing-Advertising/Events/Sales Consult ? 350,000.00 Marketing-Advertising/Events/Sales Consult a 350,000.00 Consultant-Sales-Resident Selections 8 Customizations g 350,000.00 Capitalized Staff a 1,080,000.00 Consultant-Roofing s 527,210.60 Consultant-Signage/Graphics g 80,000.00 Consultant-Move planning and Coordination $ 350,000.00 Consultant-Commissioning $ 979,105.40 Project Management-JLL 7,061,293.00 Project Management Reimbursables-JLL c 282,451.72 Project Management Add Services-JLL 350,000.00 Consultant-Pre-Construction Cost Analysis-JLL 94,500.00 Consultant-Accounting 5 - Legal-Contracts c 250,000.00 Legal-Land Transaction 100,000.00 Westminster Canterbury on_Chesa eake Bay Bay Tower Budget JLL 9.22.23 I cc unt pelSdegon Bud$�et Legal-Zoning/Permits $ 150,000.00 Misc. (Meetings, Site Facility) $ 20,000.00 Permit-Other $ 250,000.00 Permits-VA Beach Demolition Fees $ 60,302.64 Permit-VA Beach Pool Permit $ 5,000.00 Permit-VA Beach Elevator Permit $ 500.00 Postage and shipping $ 5,000.00 Public Relations $ 50,000.00 Utility Fee-Usage During Construction $ 450,000.00 Utility Fee-New Vault/Transformer $ 450,000.00 Utility Fee-New Power Feed $ 250,000.00 Utility Fees-Sewer $ 244,532.00 Utility Fees-Water $ 358,662.00 Utility Fees-Water Meter $ 173,245.00 Utility Fee-Pump Station $ 145,000.00 Utility Fee- Detector Check $ 11,000.00 Utility Fees-Other(Shutdowns) $ 250,000.00 Utility Fees-Other(Shutdowns) $ 250,000.00 Insurance-Builder's Risk $ - Insurance-Builders Risk Deductible $ - Terminal Cleaning $ 376,579.00 Temporary Traffic Control $ 35,000.00 Reproduction Costs $ 15,000.00 Site Trips and Mock Ups $ 25,000.00 Special Events $ 90,000.00 Soft Costs-Allowance $ 300,000.00 Owner Contingency-Construction $ 23,055,436.12 Owner Contingency-Design $ 14,234,144.22 Allowance for additional scope $ 250,000.00 Loans and Contributions-CAP S 107436, �►� iQ -11 Real Estate Legal Fees $ 75,000.00 Rezoning Fees $ 1,000.00 Construction Loan-Interest $ 63,254,000.00 Construction Loan-Cost of Issuance $ 7,055,000.00 Construction Loan-Fees $ 36,701,000.00 Construction Loan-Financial Actuary $ 100,000.00 Construction Loan-Financial Advisor $ 250,000.00 Westminster Canterbury on Chesapeake Bay-Bay Tower with Financing S 467,225,729.20 Projected Finance Costs per CLA Finance Costs per 7/27/23 WCCB Board Meeting $ 106,335,000.00 Westminster-Canterbury on Chesapeake Bay -Google Maps Page 1 of I Attachment B Gol.-ale Maps Westminster-Canterbury on Chesapeake Bay L EL M.. V-5...... s ? 2G. 70- •• %.N 1- r J Cape Hers,Y - Post Lwary.Fort Story:--ii!;.., j of : 'j, 'j. 4 Westmtceer R.01 Ibm. w ches p!ea�e Y O'Say Lake aefiremm- 7 and Atii%ed L v F'. -j: ..jh. 4F... .4:J: q -OUNA, Silver.HNIM Great: A V .."T virt J: Nick xY -r-3, Apart"rns 9,OWN)natiGnApar"c6s r. Atria Vkvnia BeaCh!Q T.; *- ..,- -.'- , The Memory Center 9 41 0- g e Vlrginfia�B ­dr:..",­'1` n Commonwe*th-j* 0- t . Map data 02018 Google 1 rniL_ https://www.google.com/maps/place[Westminster-Canterbury+on+Chesa-peake+Bay/(a)36.8952407,-76.0574658,13z/data=!4m5!... 6/6/2018 F_:� VIRGINIA BEACH FCC)NOMIC I+ I VI- ! C) PMENT October 17,2023 W. Taylor Franklin,Vice-Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach,VA 23462 Re: Westminster-Canterbury on Chesapeake Bay Dear Mr.Franklin: The Department of Economic Development concurs with the issuance of residential care facility revenue bonds in an amount not to exceed$525,000,000 for Westminster-Canterbury on Chesapeake Bay(the `Bonds"). The issuance of the Bonds by the Authority will be in the public interest,will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety,health,welfare,convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. The fimds are(1)to finance and refinance the costs of demolition of existing structures and the acquisition,design,construction and equipping of an up to 22-story building containing approximately 226 independent living units; indoor and outdoor dining space;a movie theater; a rooftop deck with a pool and pickleball court;a five-level parking garage and other amenities to be located on or in close proximity to 3100 Shore Drive,Virginia Beach,Virginia 23451;(2)to refinance the existing debt associated with the acquisition of the four-story senior living facilities commonly known as Opus Select, and located at and around 3317 Ocean Avenue, Virginia Beach,Virginia 23451; and(3)to finance and refinance other capital projects at Westminster- Canterbury's existing community all within the existing structures or existing parking facilities located at the community(which is located in and around the addresses stated above)and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. If you have any questions,please do not hesitate to contact me. Thank you. Sincerely, ' aura Hays Chalk \ l ' Deputy Director LHC/AWS/csk 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 i Disclosure Statement .r.,.rV Planning & Community c'1O 111eilt 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 Westminster-Canterbury on Chesapeake Bay Does the applicant have a representative? 0 Yes ❑ No • If yes,list the name of the representative. J.Benjamin Unkle,Jr.,President and CEO 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) See Attachment A • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Westminster-Canterbury on Chesapeake Bay Foundation;Ballentine Home Corporation;Westminster-Canterbury at Home,LLC; Senior Options,LLC;S.O.Realty,LLC;Lynnhaven Fishing Pier Corporation;Senior Options Community Corporation '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership Interest in the other business entity,(11)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 X" Plal11rling & C'Omrnurlit t u 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-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. See list of tax-exempt debt herein and Attachment B for current financing team 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. See Attachment B 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?a Yes ❑ NO • If yes,identify the firm and individual providing the service. See Attachment B 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes lid No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement x ID 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 a If yes,identify the company and individual providing the service. See attachment 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. See attachment 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. A cant ignat e Print Name and Title J. Benjamin Unkle,Jr.,President and CEO Date October 11,2023 Is the applicant also the owner of the subject property? K Yes ❑ No • if yes,you do not need to fill out the owner disclosure statement. that pertains to the applications No changes as d D•te - - -- - Print Naree 311. . . Attachment A Wstmin= W*wy ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Lisa B. Smith, Chair John D. Cavanaugh,Vice Chair Bernie Boone III, Secretary Katherine Willis,Treasurer Staff J. Benjamin Unkle,Jr., President&CEO David B.Myers,Chief Financial Officer&Assistant Treasurer Dr. Victoria Crenshaw, Senior Vice President of Health and Innovation&Assistant Secretary Ashley Allman,Vice President of Marketing and Development Mark Borst, Vice President of Real Estate Development and General Services Board of Trustees Elwood B. "Bernie"Boone III Richard C. Burroughs The Rev. Albert G. Butzer, III John D. Cavanaugh,CPA George I. Compo Thomas C. "Clint"Damuth Ronald"Ron"C. Ripley Charles D. Robinson Lisa B. Smith,Esquire Robert"Bob"Taylor Dr. Terry Whibley Dr. Armistead Williams Katherine C.Willis Dr. George Wong Ex-Officio The Rt. Rev. Susan Haynes The Rev. Liza Hendricks, General Presbyter 3100 Shore Drive,Virginia Beach,VA 23451 Revised 10/3/2023 Attachment B WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY SERVICE PROVIDERS I. Accounting Services: ! Jeremy Hicks, CPA, Principal i CliftonlarsonAllen 227 West Trade Street, Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: Senior Managing Underwriter: Tad Melton Adam Garcia Ziegler Ziegler 5701 Patterson Avenue, Suite 200 5701 Patterson Avenue, Suite 200 Richmond,VA 23226 Richmond,VA 23226 804-793-8487 804-793-8487 3. Legal Services: Bond Counsel: General Counsel: Thomas William (TW) Bruno Hugh L Patterson Thomas Inglima McGuire Woods LLP Willcox &Savage, P.C. Willcox &Savage, P.C. 800 East Canal Street 440 Monticello Avenue 757-628-5505 Richmond, VA 23219 Suite 2200 804-775-1853 Norfolk,VA 23510 757-628-5557 Brian C. Purcell Willcox &Savage, P.C. 757-628-5688 Stephen W. Brewer Willcox & Savage, P.C. 757-628-5595 Underwriter's Counsel• Kevin White,Butler Snow,LLP 919 East Main Street,Suite 600 Richmond,Virginia 23219 804-762-6036 Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street,Suite 1850 Richmond,VA 23219 704-771-7934 2 F4. Construction Services General Contractor John Berotti The Whiting-Turner Contracting Company 1317 Executive Boulevard,Suite 120 Chesapeake,VA 23320 757-382-0002 S. Design Services Architect Keith Wilson HKS Inc. 350 N Sain Paul St,#100 Dallas, TX 75201 214-969-3379 3 r Nu u Rwr: •1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement to Join the Eastern Virginia Regional Industrial Facility Authority (EVRIFA) MEETING DATE: November 14, 2023 ■ Background: A regional industrial facility authority is a mechanism created by the Virginia Regional Industrial Facilities Act (the "Act") for localities in the same region to cooperate in the development of facilities and share in the revenue generated by such development projects. Pursuant to the Act, in 2018, the counties of Gloucester, James City and York, along with the cities of Hampton, Newport News, Poquoson and Williamsburg established the Eastern Virginia Regional Industrial Facility Authority ("EVRIFA"). Subsequently, the cities of Chesapeake and Franklin, along with Isle of Wight County, joined EVRIFA. As set forth in the agreement creating EVRIFA, other localities within the region (including Virginia Beach) may be admitted to EVRIFA after that locality adopts a resolution requesting admission and the board of EVRIFA approves the locality's admission. Each member locality of EVRIFA appoints two board members and two alternates. In 2022, the Hampton Roads Alliance (the "Alliance") took over as EVRIFA's managing entity, fiscal agent and support staff. Each member locality has the opportunity to agree to a revenue and economic growth sharing arrangement with respect to tax revenues and other income and revenues generated by any facility owned by the EVRIFA. Virginia Beach's participation in any project or development through EVRIFA would require the approval of City Council. The cost to participate and any revenues generated would only be shared by those localities that join in the participation agreement for that project, as agreed by the participants. ■ Considerations: The City would pay a one-time initial joining fee of $2,500 and annual operational dues in the amount of $4,000. There is no requirement to participate in any project and there are no penalties or adverse consequences if a locality chooses not to participate in a project. City Council would decide the level of Virginia Beach's participation in each project. Each locality would receive revenues generated by the project at the same percentage as its participation. Joining EVRIFA would allow the City to participate in projects outside of City limits and generate additional tax revenue. City staff recommends approval as the cost and risk associated with joining are limited and it sends a strong message that the City supports regional collaboration and economic development. ■ Public Information: A public briefing on this matter was conducted on October 3, 2023. This matter will also be advertised via the normal agenda process. e Attachment: Ordinance Recommended Action: Approval / Submitting Department/Agency: Economic Development v City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 TO JOIN THE EASTERN VIRGINIA REGIONAL 4 INDUSTRIAL FACILITY AUTHORITY 5 6 WHEREAS, a regional industrial facility authority is a mechanism created by the 7 Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, §15.2-6400, et seq., 8 Code of Virginia, 1950, as amended (the "Act") for localities in the same region to 9 cooperate in the development of facilities and share in the revenue generated by such 10 development projects; 11 12 WHEREAS, pursuant to the Act, in 2018, the counties of Gloucester, James City 13 and York, along with the cities of Hampton, Newport News, Poquoson and Williamsburg 14 established the Eastern Virginia Regional Industrial Facility Authority ("EVRIFA"); 15 16 WHEREAS, subsequently, the cities of Chesapeake and Franklin, along with Isle 17 of Wight County,joined EVRIFA; 18 19 WHEREAS, as set forth in the agreement creating EVRIFA, other localities within 20 the region, including the City of Virginia Beach (the "City") may be admitted to EVRIFA 21 after that locality adopts an Ordinance requesting admission and the board of EVRIFA 22 approves the locality's admission; 23 24 WHEREAS, the City's participation in any project or development through EVRIFA 25 would require the approval of City Council and there is no requirement to participate in 26 any project nor is there a penalty or adverse consequences if Council chooses not to 27 participate in a project; and 28 29 WHEREAS, City Council acknowledges that the purpose of a regional industrial 30 facility authority is to enhance the economic base for its member localities by developing, 31 owning and operating one or more facilities on a cooperative basis involving its member 32 localities. 33 34 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 35 VIRGINIA. 36 37 1. That the City of Virginia Beach hereby joins the EVRIFA, subject to the 38 approval of Virginia Beach's admission by the Board of EVRIFA. 39 40 2. The City of Virginia Beach finds that joining EVRIFA will promote the 41 economic growth and development of Virginia Beach; that the comfort, convenience and 42 welfare of its citizens require the development of facilities; and that joint action through 43 EVRIFA will facilitate the development of needed facilities. 44 45 3. The City Manager, or his designee, is hereby authorized to execute such 46 agreements as are necessary to effectuate the joinder of EVRIFA by the City of Virginia 47 Beach and establish the respective rights and obligations of the member localities with 48 respect to EVRIFA, so long as such agreement is consistent with the Act, and in a form 49 deemed acceptable by the City Manager and in a form deemed satisfactory by the City 50 Attorney. 51 52 4. The City Manager is authorized to use $6,500 of the Department of 53 Economic Development's Operating Budget to finalize joinder of EVRIFA. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 56 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. r EconW is Development City Attorney CA16253 %Wbguv.com\(ftiWppl!Wionstcftyb m32Wipd=%dG2SkpM1 00922307.doex R-1 November 8, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a 15' unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into a portion of a City-owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue MEETING DATE: November 14, 2023 ■ Background: Gian Petersen (the "Applicant") requests permission to construct and maintain a gravel driveway and a concrete City-standard driveway apron, (collectively, the "Temporary Encroachment") into portions of City-owned rights-of-way known as Ocean Shore Avenue and First Landing Lane, located at the front of 2592 Ocean Shore Avenue ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval, 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, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:4�1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF A 15' UNIMPROVED 6 CITY-OWNED RIGHT-OF-WAY KNOWN 7 AS OCEAN SHORE AVENUE AND TO 8 ENCROACH INTO A PORTION OF A 9 CITY-OWNED RIGHT-OF-WAY KNOWN 10 AS FIRST LANDING LANE, LOCATED AT 11 THE FRONT OF 2592 OCEAN SHORE 12 AVENUE 13 14 WHEREAS, Gian Petersen (the "Applicant") has requested permission to 15 construct and maintain a 9' wide gravel driveway, and a 7" thick concrete City standard 16 driveway apron (collectively, the "Temporary Encroachment") into a portion of a 15' 17 unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into 18 a portion of a City-owned public right-of-way known as First Landing Lane, located at the 19 front of 2592 Ocean Shore Avenue; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's rights-of-way subject to such terms and conditions as Council may prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gian Petersen, her heirs, 30 assigns and successors in title are authorized to construct and maintain a 9' wide gravel 31 driveway, and a 7" thick concrete City standard driveway apron into a portion of a 15' 32 unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into 33 a portion of a City-owned right-of-way known as First Landing Lane as shown on the map 34 entitled: "OCEAN SHORE DUPLEX OCEAN SHORE AVENUE, LOT 2, BILK 4 SECTION G, 35 CAPE HENRY FOR GIAN PETERSEN EXHIBIT"A"— ENCROACHMENT REQUEST FOR 36 A PROPOSED PRIVATE DRIVEWAY INTO A 15' UNIMPROVED ROW AND A 37 PROPOSED DRIVEWAY APRON INTO FIRST LANDING LANE," Scale: 1" = 20', dated 38 August 18, 2023, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and 39 on file in the Department of Public Works and to which reference is made for a more 40 particular description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is 43 expressly subject to those terms, conditions and criteria contained in the agreement 44 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 1 45 copy of which has been presented to the Council in its agenda, and will be recorded among 46 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as Gian Petersen and the City Manager or his authorized designee execute the 53 Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 20_. 57 58 59 60 CA16072 R-2 Prepared: 10/11/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: C P IC WOR-KS, REAL ESTATE R. H MEYER NIOR CITY ATTORNEY 2 j a ? 0 a O SANITARY SEWER 13 - WATER VALVE MANHOLE INSTALL CITY STANDARD DRIVEWAY I +/ �y o APRON. 3000 PSI CLASS A-3 CONCRETE. r, 7"THICK IN THE RIGHT-OF-WA Y(CITY 2 STANDARD DETAIL D-5) PIPS;'--4 NG 40 PUBLIC R/GyT NELU NOTES 1 (AMP Bp=k'PgGE J vUi 1. THIS EXHIBIT IS A RESULT OF FIELD �"f maw _ p TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION POWER POLE ,x OF DEEDS AND PLATS SHOWN Z o HEREON AND DOES NOT O �' CONSTITUTE A BOUNDARY SURVEY. pI j 3.00' p 2. THE CITY OF VIRGINIA BEACH IS NOT "' RESPONSIBLE FOR VERIFICATION OF ~ ' 3.G?0' - O RESTRICTIONS REQUIRED BY OTHER 3.00' Un I ASSOCIATIONS OR AGENCIES. \ LOT 1 TOTAL Z ENCROACHMENT U PROPOSED 9'WIDE GRA VEL DRIVEWA Y = 1,284 SF O (L EA VE EXIS TING SER VICABL E GR,4 VEL _EXISTING 6" C.I. _ DRIVE ALONG THE FRON TA GE OF L 0 T 1) I i WATER MAIN �^ r4 EXISTING 6" D.I.P. ! q POWER POLE SEWER MAIN �,, N LOT 5 S25'13'00"E EXISTING 0/H 160.00' SCO WIRES RIM 70. 7 INV. 8.20 C 20 Z W � W k ) `7o v o r forrrej QQ w ion ,peters ^ EN LT H O Z j 2w � oc���r, ;her �1t er�i� �1 F k C5 B O O LOT2 ;:�! b1c A 4, sec-t c r O , _ � V cc O - i r f i-emy O Z W914 P '�a ._62- �'65 c� Q d.b. 3 t_;3. 1340 BRAD MARTIN D O ^ U 12.00 Lic. No. 32999 08 / 18 / 2023 � ,A l` ° 7N25*13'00"W 153.34' LOTS date OCEAN SHORE DUPLEX 08 / 18 / 2023 OCEAN SHORE AVENUE, LOT 2, BLK 4 stole 1' = 20' SECTION G, CAPE HENRY proj. manager BRAD MARTIN FOR GIAN PETERSEN prof. no. 222-02S 1 Landscuae:1rcl i r.`ur Land Surveying 757-431_10al EXHIBIT "A" - Encroachment Request for a Proposed sheet no. Civil Engineering wolsite.cnrn Private Driveway into a 1 5' unimproved ROW and a 242 MUSTANG TRAIL, SUITE pro osed Drivewa EE-01 VIRGINIA BEACH VIRGINIA 23452 p p y Apron into First Landing Lane 222-0251 Ocean shore Ave 001.dwg a two ya INSTALL CITY STANDARD a DRIVEWA YAPRON. 3000 PSI w H 1;? CLASS A-3 CONCRETE. 7"THICK Cl) IN THE RIGHT-OF-WA Y(CITY o STANDARD DETAIL D-5) o TOTAL �# ENCROACHMENT U-1 )a IG 1,170 SF U- c ND//VG40'P/gLCAE U ai a) Q O (MAP80047 r-01 WAY 0 � r) o � M PROPOSED 9'WIDTH GRAVEL 0 0 o a,c�o o OR/VEWAY(LEAVEEX/STING ° SERV/CABLE GRAVEL DRIVEALONG o o p THEFRONTAGEOFL0T 1) now or formerly 0 LJj leslie e. christensen = o ° ° ' ' 2328 first landing lane Z Q 0 N �'Q Q lot 1, block 4, section g, cape henry z E N a °i E (m.b. 7, pg. 142) u i gpin: 1590-52-4146 0 a instrument #202000100345 Ln °o 0 160.00' o ry S 2 5°13'00"E r4 rV ja O gro , petersen Z ear, shore overue Olot 2, block 4, section q, cape W i j �, p9 14-- � 0 in: 1590-6<-4L 65 �� � � N25'13'00"W C� aQo � 15� W � �p O� LTH O ^ I V now or formerly ^ Calvert !lc �0 ,p 2590 ocean shore avenue lot 3, block 4, section g, cape henry p Z (m.b. 7, pg. 142) BRAD MARTI D gpin: 1590-62-5247 Lic. No. 32999 instrument #202 1 030888 1 3 A 08 / 18 / 2 3 0 30 ,p e S`S/ONAL E G date OCEAN SHORE DUPLEX 08 / 18 / 2023 scale OCEAN SHORE AVENUE, LOT 2 , BLK 4 1" = 30' SECTION G, CAPE HENRY proj. manage BRAD MARTIN FOR GIAN PETERSEN prof. no. 222-0251 Landscape Architecture Land Surveying EXHIBIT "A" - Encroachment Re eying ;;7_.4s1_1041 quest for a Proposed sheet no. Civil Engineering wplsite.corr Private Driveway into a 1 5' unimproved ROW and a EE-02 VIR MUSTANG TRAIL, SUITE B Proposed Driveway Apron into First Landing Lane VIRGINIA BEACH. VIRGINIA 23A52 p y p 222-0251 Ocean shore Ave 002.dwg 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 23 day of , 202,�, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GIAN PETERSEN, HER 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 "2", BLK "4", as shown on that certain plat entitled: "MAP OF SECTION G CAPE HENRY PRINCESS ANNE CO, VA.," Scale: 1" = 100', dated March 17, 1926, prepared by S.W. Armistead C.E., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 142, and being further designated, known, and described as 2592 Ocean Shore Avenue Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 9' wide gravel driveway, and a 7" thick concrete City standard driveway apron, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a 15' unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into a portion of a City- owned right-of-way known as First Landing Lane, collectively, the "Encroachment Area"; GPIN: 15' UNIMPROVED CITY RIGHT OF WAY KNOWN AS OCEAN SHORE AVENUE (NO GPIN) AND FIRST LANDING LANE (NO GPIN) 1590-62-4265 (2592 OCEAN SHORE AVENUE) 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: "OCEAN SHORE DUPLEX OCEAN SHORE AVENUE, LOT 2, BLK 4 SECTION G, CAPE HENRY FOR GIAN PETERSEN EXHIBIT "A" — ENCROACHMENT REQUEST FOR A PROPOSED PRIVATE DRIVEWAY INTO A 15 UNIMPROVED ROW AND A PROPOSED DRIVEWAY APRON INTO FIRST LANDING LANE," Scale: 1" = 20', dated August 18, 2023, and prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. 3 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 4 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, GIAN PETERSEN, 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. 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 202_, 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 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Gian Petersen STATE OF VIRGINIA CITY/COUNTY OF k �ea +� , to-wit: The foregoing instrument was acknowledged before me this 2 day of A,A C 202�S, by Gian Petersen. .i(Allv,A�/,),-1__- (SEAL) lq-0tt P bli Notary Registration Number: 8 D 32C1 L4 c My Commission Expires: 5131 2�'LLc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL NCY AND FORM P LI WORK /R AL ESTATE ZDA . HkARMEYEV SENIOR CITY ATTORNEY 7 a a o SANITARY SEWER 13 WATER VALVE o�ar °i MANHOLE `" c `' INSTALL CITY STANDARD DRIVEWAY +/ N�y C, APRON. 3000 PSI CLASS A-3 CONCRETE. g 7"THICK IN THE RIGHT-OF-WA Y(Cl TY FIRST STANDARD DETA/L D-5) '40'PUBL/C ND/yG44NE J (MAP B R/GyT pF y4 Y Li NOTES 11 O`K7 P4GE 142 ' U 1. THIS EXHIBIT IS A RESULT OF FIELD T `�� p waft waft TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION POWER POLE OF DEEDS AND PLATS SHOWN o HEREON AND DOES NOT IZ CONSTITUTE A BOUNDARY SURVEY. I 3.00' p 2. THE CITY OF VIRGINIA BEACH IS NOT = LU RESPONSIBLE FOR VERIFICATION OF ~ I 9. O RESTRICTIONS REQUIRED BY OTHER 3.00' � ASSOCIATIONS OR AGENCIES. LOT 1 Z TOTAL 1 ENCROACHMENT U PROPOSED 9'W/DE GRA VEL DR/VEWA Y = 1,284 SF O (LEA VE EXISTING SERV/CABLEGRAVEL I I EXISTING 6" C. _ DRIVEALONG THE FRONTAGE OFLOT 1) I I WATER MAIN � o EXISTING 6" D.LP. POWER POLE ^' SEWER MAIN N LOTS # S25'13'00"E ' EXISTING 0/ 1 so.00' SCO WIRES RIM 10. 7 INV, 8.20 o1717 I J � aO WW a now or formerly QQ Q Ligion pe- rsen p,LTH W Z a j 's 2592 ocean shorn avenue �� O,c (5 4" I o LOT2 lot 2, block 4, sectjotn g, �p� _ = h I ccoe her;rf C% Q m m O z (tn.b, ? rg. 142) gPin: ,590. 62 -426'5 O ? V Q d.b. ;3697 pg, 1340 BRAD MARTIN D O ^ U Z a4 Lic. No. 32999 t 08 / 16 / 2023 �SS��NAL ENG �N21 "W 153.34' LOTS date OCEAN SHORE DUPLEX 08 / 18 / 2023 OCEAN SHORE AVENUE, LOT 2, BLK 4 scale 1" = 20' SECTION G, CAPE HENRY proj. manager BRAD MARTIN FOR GIAN PETERSEN proj. no. 222-0251 Landscape Architecture Land Surveying 757_431..1041 EXHIBIT "A" - Encroachment Request for a Proposed sheet lh>. Civil Engineering wplsite.com Private Driveway into a 1 5' unimproved ROW and a 242 MUSTANG TRAIL, SUITE 3 Driveway 1 EE-01 VIRGINIA BEACH VIRGINIA 23452 proposed y Apron into First Landing Lane 222-0251 Ocean shore Ave 001.dwa a a o�a� INSTALL CITYSTANDARD O DRIVEWA YAPRON 3000 PSI CLASSA-3 CONCRETE, 7"THICK IN THE RIGHT-OF-WA Y(CITY STANDARD DETAIL D-5) o TOTAL ENCROACHMENT W = 1,170 SF u 4b o F/RSTLAI'V a -Z `LO � 40"PUB DIIVG LANE U '2? a� O (AfAPB00 R/GHT-O,c wA Y o O .. K7' PAGE 142) Xx O �O 0 �` W i � PROPOSED 9'WIDTH GRAVEL '� a oo (0if)O DRI VEWA Y(LEA VE EXISTING p a as SERVICABLE GRAVEL DRIVEALONG w a ^ o THE FRONTAGEOFL0T 1) now or formerly leslie e. christensen = 2328 first landing lane "' a \-:-• z I I lot 1, block 4, section g, cope henry Z nl a (m.b. 7, pg. 142) gpin: 1590-62-4146 O `d instrument #202000100345 u, r4 160.00' o S25'13'00"E N (V 0 now or formerly jQ F O I , o gron Petersen _3 C> 2,592 ocean shcre averue O Lu I 0. lot 2, block 4, sec€ion g, cope henry Q pg 142) ��� W 2 J LZin 7590-�2--4<65 60 � � � N25�� � � � � e � � 153.34' ��ALTH OP O ^ now or formerly culvert llc �O 2590 ocean shore avenue Z lot 3, block 4, section g, cape henry 0 Z m.b. 7,( pg. 142) BRAD MARTI D gpin: 1590-62-5247 Lic. No. 32999 instrument #202 1 030888 1 3 A 06 / 1 6 / 2 3 0 30 ,p �Q- SS/o NA L E G date OCEAN SHORE DUPLEX 08 / 18 / 2023 OCEAN SHORE AVENUE, LOT 2, BLK 4 scale1" = 30' SECTION G, CAPE HENRY prof. manager BRAD MARTIN FOR GIAN PETERSEN proj. no. 222-0251 Landscape Architec�ure Land Surveying 757-431_1041 EXHIBIT "A" - Encroachment Request for a Proposed sheet no. Civil Engineering wplsite.com Private Driveway into a 1 5' unimproved ROW and a 242 MUSTANG TRAIL, SUITE 8 Proposed Driveway EE-02 VIRGINIA BEACH. VIRGINIA 23452 p y Apron into First Landing Lane 222-0251 Ocean shore Ave 002.dwa N W E S + ` 1, ail gyp' � }7iv7 pall �0 r q t 3F } , 4 a, GG`k�t SNO :. LOCATION MAP LPN ENCROACHMENT REQUEST Al GG FOR Legend °r ��ar;%''. , OCEAN SHORE DUPLEX 1590-62-4265 �� A 15' UNIMPROVED RIGHT OF WAY <2 Feet City Property ' . 0 25 50 100 Prepared bV P.W./Enq./Enq.Support Services Bureau 06/28/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\1590-62-4265\1590-62-4265 Aerial.mxc N W E S o1``oQ` st 0 Z � PJ� GAP O OR LOCATION MAP OG�PNSN �u'�, ENCROACHMENT REQUEST FOR Legend 2p� OCEAN SHORE DUPLEX Q 1590-62-4265 2� 15' UNIMPROVED RIGHT OF WAY Feet City Property <2 0 25 50 100 Prepared by P.W./Enq./Enq.Support Services Bureau 06/28/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\1590-62-4265\1590-62-4265.mxc ;,, +ifs+-4 �. �, i�,� ,�,, + � C. a'' r" _ a3 s` �c -� r v ,�� +,�t r t • >a� 1 .y sue, '1 '�j�� � yaw„ �•-r - '+' �µ � ,ti`?3��s`.t$T1'}7. 3-s'S^'c•� '� � � :�'��%y r '3�'y'v,j • - � �. . w _ w :'�, .,' •,,,� _-�..*,�.• '-,roc. :c.� a`�' - - .�;� ,- _. - .a,.- - L .f- � �L : .. ��. ..• ....' .� �� �.�.e.�...Ate,-t4 � �. ,•... 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'=�� `�-=-o''�IL,��- — � .� �e �y� RIi+.^'. 4,�,� �/ �♦r`�`r,�t� aq� ei ' e, ��. sr �j:.• �� ._'r i-�' r� "°R"lr.� � a f lli,-. �~lr�,��c t- c i v vy�4; �.�4�s—���.��- *�.►�►f���i/. `���,��+u _-C�t$r;T��,��a- .` °^ r. �e"�1i� �'. i :� ��e..�, +l si:.� �;t. t � -�"►.!'� '� '� ,✓!.� S',: w.C►>r/!.(����JT.iri •..�ee4.��.� 1 �1 f �3'ar `�yrc �e •' R � a r: � +�,pit..,,'�•, �', - { w t _< f v 3 i _` �AdAA 7 °d• '�Ps �r f(� tits .i rfl' 'S�'wi � �l`i._ t f� \ ^ t���}y11, i' !� tr�'� CS'L�y^}� :, v4 �,-yt{� `Xr.' •'L''� `� � � �y✓e/,'ytt� ®" �� �' ' 3tta' n k}• }�i4'r�� r, j i�!R�jjr r i.4tj'!.^�. y�� � ✓ �� •'fE+ �rjll,? . � •, ti< '�?. J.i �,'t�d �rc..''� � t��.} � ���,t�ii�x ��} �2�T�-. �, fur ALA Flit 41 Ot 61, Ak �C]�r► ` (z^ �/err ru'�'��a ,Y��1,y<XYr1�,y�✓fit � ,. �. . 'C r ,�� ,�{ i , � •s tt y _ t y ! a a Disclosure Statement pmeat rr I. 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 �� 0.n� �C 5� V j�J �(.a�7�✓q�� — 4-w Does the applicant have a representative? `CJ Yes ❑ NO • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ NO • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity' relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement itY Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach ve an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes O • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in c ection with the subject of the application or any business operating or to be operated on the property? El Yes o • If yes,identify the financial institutions providing the service. 2. Does the applican ave a real estate broke r/agent/realtor for current and anticipated future sales of the subject property? ElYes o • 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 nection with the subject of the application or any business operating or to be operated on the property? El Yes ( O • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner 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 1.1.09.2020 2 1 P a g e Disclosure Statement ,s .... ... _ 11lannino m a 6. Does the applicant have a constructi contractor in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ NO r • If yes,identify the company and individual providing the service. �� k A V E G �- 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 -E NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in con ion with the subject of the application or any business operating or to be operated on the property? ❑ Yes O • If yes,identify the firm and individual providing the service. 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 b d or com ittee i connection with this application. cant Signatu,e l ,� Print Na a and itle 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/ that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.20.1'0 3 1 P a g e Disclosure Statement Plannim &Com. I Continue to Next Page for Owner Disclosure ............ ....... ............ __ . __ _ . ..... .... ... . .. ...11... .__........ ............ ... Revised 11.09.2020 4 1 P a g e Disclosure Statement n nning &Cice. . "d Owner Disclosure Owner Name Applicant Name �11 Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ddNO • 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 t�IVo • 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 S I P a g e Disclosure Statement Owner Services Disclosure 1. Does the Owner hav any existing financing(mortgage,deeds of trust,cross-col lateral ization,etc)or are they considering any financing in con ction with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes,identify the financial institutions providing the service. 2. Does the Owner e a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes o • 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 nection 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�i connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes LJ 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 tractor in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identifxth company and individual providin service. A)z � irJ) , 11 tjJ - r 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 ( P a g e Disclosure Statement Planning Communky \O�\V\� 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 P a g e �y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #100667, "Rudee Loop Park Development," and to Transfer$4,000,000 from the Tourism Investment Program Fund to Project #100667 MEETING DATE: November 14, 2023 ■ Background: In May of 2022, a Request for Information and Ideas (RFII) was issued for the various CityNBDA owned parcels at Rudee Loop. The solicitation sought responses that included an emphasis on open space that attracts residents and visitors and supports surfing, fishing, and outdoor recreation. Four responses were received, and the City Council requested that public engagement occur to allow residents and stakeholders an opportunity to review and provide comment on the proposals. The community engagement occurred during winter/spring 2023. On August 15th, the City Council was provided with an update on the community survey in which the results overwhelmingly showed a preference for open/green space, preservation, and expansion. In addition, survey results demonstrated a desire to preserve access to the southernmost point of Rudee Inlet and keep the viewshed open. Parking was desired within the project, but preference for a garage was mixed. At the conclusion of this update, the City Council requested that City staff recommend a solicitation process that would retain a consultant team with qualified national or international experience developing iconic park spaces. On October 17th, the City Council was provided with a recommended Request for Qualifications (RFQ) process that would hire a consultant team with this specialized expertise. In addition, a schedule with multiple phases/parts, along with an anticipated budget were provided. To hire the design team, $4,000,000 needs to be appropriated to move forward with the RFQ process and then to develop a contract with the selected team for Part 1 (concept planning, public engagement, other studies, final concept, etc.) of the project. Future funding needs for Part 2 (construction design documents, construction bid/award, construction administration, etc.), and for construction would go through the normal budget process. Following the October 17th briefing, the City Council requested this item be brought forward for a vote. ■ Considerations: The funding source for this project will be a transfer debt service previously appropriated within the Tourism Investment Program (TIP). Due to the delayed timing of a bond sale for the TIP fund, there is adequate funding to be transferred for this project. ■ Public Information: Normal Council agenda process. In addition, an extensive community engagement process was conducted during winter/spring 2023 and continuing engagement will be conducted throughout the project. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager:/U 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100667, "RUDEE LOOP PARK DEVELOPMENT," AND 3 TO TRANSFER $4,000,000 FROM THE TOURISM 4 INVESTMENT PROGRAM FUND TO PROJECT #100667 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 (1) Capital Project #100667, "Rudee Loop Park Development," is hereby 10 established as set forth in the attached capital project detail sheet for the 11 planning, design, and construction of the approximately 8-acre assemblage 12 of property located adjacent to Rudee Inlet into a park. 13 14 (2) $4,000,000 is hereby transferred from the Tourism Investment Program to 15 Capital Project #100667 as pay-as-you-go funding for the procurement of 16 design services. 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: r Budget and Management Services City orney's Office CA16351 R-1 October 24, 2023 City of Virginia Beach,Virginia Fiscal Years 2025 through 2030 Capital Improvement Program Project:100667 Title:Rudee Loop Park Development Status:Proposed Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type: New Development I District:5 Programmed Funding Programmed Funding Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future To Date FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Funding $4,000,000 4,000,000 Description This project will fund the planning,design,and construction of the approximately 8-acre assemblage of property located adjacent to Rudee Inlet into a vibrant and iconic park destination. In addition to the park space,a parking garage structure may be incorporated into the project and will be explored during the concept planning phase. Purpose and Need The City desires to transform Rudee Loop into a unique destination,providing an emphasis on open space that attracts residents and visitors in addition to supporting surfing,fishing and outdoor recreation.Through an extensive community engagement process,residents strongly support the transformation of Rudee Loop into a world class park space.The properties have been used as"ad hoc"space for many years and there is a strong desire to formalize the space into something special for residents of Virginia Beach. History and Current Status This CIP first appeared in the FY 2023-24 CIP as a new project.In May 2022,a Request for Information and Ideas was issued with four responses received.During winter/spring of 2023,an extensive community engagement process was conducted to gather feedback from the four proposals as well as determining which element would be most desired at Rudee Loop. In August of 2023,City Council directed Parks and Recreation to recommend a process for hiring a nationally known park design consultant team. In November 2023,City Council appropriated$4M to begin the RFQ process and to proceed with concept planning and public engagement. Operating Additional operating budget and/or the creation of a conservancy type model may be created to assist with operating and maintenance costs. Project Map Schedule of Activities Project Activities From-To Amount i Design 05/24-11/26 4,000,0( 0 y 9 NORPOLM AVC � a N Z 9 � 9 A Z 91 9 0L,AV t,PVGINIP PVC 1NP PV6 On (i V�a� GPpO� 9 9 9 Total Budgetary Cost Estimate: 4,000,000 iMeans of Financing • 100667 Funding Subclass Amount Local Funding 4,000,001 p0 CV q, 9 Z n P Q � V O v JO GROATAN RO O G t `Po° = n Total Funding: 4,000,000 �,81� 0 (� FT! u =S) 44.E t= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Out-of-Service Personal Property to the Police Departments of Wrightsville Beach, NC; New Bern, NC; Madison, AL; South Miami, FL; and Libby, MT MEETING DATE: November 14, 2023 ■ Background: The Virginia Beach Police Department (VBPD) would like to donate two handheld radars, two LIDARs, six used leather duty belts and attachments, six tourniquets and carriers, and six tire deflation systems to the Police Department of Libby, Montana. The City of Libby is standing up a small agency police force on an extremely limited budget. This gesture of good faith shows partnership and support for other cities and their law enforcement agencies. These items are either out-of-service, used, or no longer used by the VBPD. In addition, the VBPD would like to donate 120 tire deflation systems in the following quantities: 30 units to South Miami, Florida; 30 units to Wrightsville Beach, North Carolina; 30 units to New Bern, North Carolina; and 30 units to Madison, Alabama. These items are no longer used by the VBPD. These departments have limited budgetary capacities, and the VBPD no longer uses the equipment. ■ Considerations: The approximate value of the tire deflation systems is $25 each. The approximate value of the radar / LIDAR is $500 each. The approximate value of the tourniquets is $20 each. The approximate value of the leather belts is $10. The total value of all equipment is $5,330. The equipment will be provided in an "as is, where is" condition. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO DONATE OUT-OF-SERVICE 2 PERSONAL PROPERTY TO THE POLICE DEPARTMENTS 3 OF WRIGHTSVILLE BEACH, NC; NEW BERN, NC; 4 MADISON, AL; SOUTH MIAMI, FL; AND LIBBY, MT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby authorizes the donation of out-of-service police 10 equipment to the following police departments: 11 12 1 . Two handheld radars, two LIDARS, six used leather duty belts and attachments, 13 six tourniquets and carriers, and six tire deflation systems to Libby, Montana; 14 15 2. Thirty tire deflation systems to South Miami, Florida; 16 17 3. Thirty tire deflation systems to Wrightsville Beach, North Carolina; 18 19 4. Thirty tire deflation systems to New Bern, North Carolina; and 20 21 5. Thirty tire deflation systems to Madison, Alabama. 22 23 The equipment shall be provided in "as is, where is" condition. 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: r Budget and Management Services Attorney's Office CA16347 R-1 October 31, 2023 o : u - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,100,000 to Capital Project #100589, "Central Utility Plant Enhancements - ARPA" MEETING DATE: November 14, 2023 ■ Background: In November and December 2021 , the City Council voted to accept and appropriate $136.4 million in federal funding from the American Rescue Plan Act (ARPA). Funds provided through ARPA must be obligated prior to December 31, 2024, and fully spent by December 31 , 2026. When preparing the proposed ARPA spending plan, the City Manager's recommended allocation of funds took these deadlines into consideration. City staff is confident that the majority of funded projects will be completed within the established time frame. However, several projects have already experienced cost increases related to inflationary pressure on construction. Other projects, such as a City staff childcare facility pilot program, are no longer feasible or have extra capacity that may be redirected to other projects. On August 15, 2023, the City Council redirected $996,254 from Capital Project #100589, "Central Utility Plant Enhancements - ARPA" to Capital Project#100590, "Courts Building Direct Digital Control," to allow the Public Works Department to issue a requisition to identify a vendor to perform the work necessary at the Courthouse. As a result of this transfer, a portion of Capital Project #100589 was deferred. As a result of a recent bid that exceeds funds availability, however, Capital Project#100589 now needs $1.1 million to allow the City to award the contract. Capital Project #100589 addresses previously unfunded repairs to the Central Utility Plant at the Municipal Center and will improve air quality within 17 buildings. As part of the original acceptance and appropriation of the ARPA funding, the City Council approved a $15 million grant to be provided to the United Way of South Hampton Roads (the "United Way") for VBThrive. VBThrive is a program aimed to provide support to families in Virginia Beach who qualify as ALICE (Asset Limited, Income Constrained, Employed) in five key areas: mentoring, employment and education, financial management, well-being, and incentives. The United Way has recently notified the City that approximately $3 million of the available funding in the VBThrive program will not be spent within the timeline required by ARPA, which provides an opportunity to address increased construction costs in other ARPA projects. ■ Considerations: The attached ordinance transfers funds from the Consolidated Grant Fund to Capital Project #100589. According to the United Way, the proposed transfer will not negatively impact the VBThrive program. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Detail Sheet Capital Project #100589 Recommended Action: Approval. Submitting Department/Agency: Public Works City Manager. /k:) 1 AN ORDINANCE TO TRANSFER $1,100,000 TO 2 CAPITAL PROJECT #100589, "CENTRAL UTILITY 3 PLANT ENHANCEMENTS - ARPA" 4 5 WHEREAS, in 2021 the City Council accepted and appropriated federal funding from 6 the American Rescue Plan Act; 7 8 WHEREAS,funds provided through the American Rescue Plan Act must be obligated 9 prior to December 31, 2024, and fully spent by December 31, 2026; and 10 11 WHEREAS, funds previously allocated to the VBThrive program will not be fully spent 12 within the timeline required by the American Rescue Plan Act; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 $1.1 million is hereby transferred from the Consolidated Grant Fund to Capital 18 Project#100589, "Central Utility Plant Enhancements-ARPA"to allow the City to proceed 19 to construction on the project. 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: S B dget and Management Services aiyy ordey's Office CA16346 R-1 October 31, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100589 itle:Central Utility Plant Enhancements-ARPA tatus:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 4,646,254 4,646,254 Description This project will address previously unfunded repairs and renovations to the Central Utility Plant located at the Municipal Center. The Central Utility Plant generates hot and chilled water,which is then distributed to 17 Municipal Center buildings to provide heating and cooling of the air and in some facilities, domestic hot water.Specifically,this project will replace 60 ice tanks used to produce chilled water,add a redundant chilled water pump#3,replace boilers#1 and#2,and replace underground piping to MH#1 and MH#4. Purpose and Need The Public Works Department,Building Maintenance Division,provides maintenance,repair,and capital equipment replacement of HVAC equipment for the City's 382 City-owned buildings. Funding for capital equipment replacement is provided in the amount of$2.5 million each year in a Buildings& Assets CIP#100445,"Various Buildings HVAC Rehabilitation and Renovation IV."Although$2.5 million annually enabled Building Maintenance to address a significant portion of critical HVAC repairs,there is still a large,unfunded backlog of maintenance and repair issues across the City that must be addressed. This project addresses unfunded,unprogrammed HVAC repairs to improve air quality at 17 buildings at the Municipal Center. History and Current Status This project is funded by the American Rescue Plan Act and first appeared in the FY 2022-23 CIP document.On January 17,2023 City Council redirected a total of$1,453,746 from this project to projects PG100588"Recreation Centers HVAC Replacement"and PG100590"Courts Direct Digital Control"-Log 261. Operating This project will not impact the operating budget. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project .• Schedule of Project Activities From-To Amount Design 12/22-12/23 610,000 Construction 01/24-01/25 3,836,254 Contingencies 12/22-01/25 200,000 Total Budgetary Cost Estimate: 4,646,254 Means of NO MAP REQUIRED Funding Subclass Amount Local Funding 4,646,254 Total Funding: 4,646,254 FY 2023-24 to FY 2028-29 96 Capital Improvement Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for the January 9, 2024, Special Election MEETING DATE: November 14, 2023 ■ Background: A special election has been ordered for January 9, 2024, to fill the vacancy in the City Council District 1 seat following Councilmember Holcomb's resignation. Virginia law requires a locality to pay the cost of a special election. The operating budget for the Voter Registration & Election's Office does not include funding for a special election. Therefore, a transfer of funds is necessary. The source for this transfer is the General Fund Reserve for Contingencies. ■ Considerations: The total cost for the election is estimated to be $185,425. If approved, the balance of the reserve will be $1,224,009. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager:?P 1 AN ORDINANCE TO TRANSFER FUNDS FOR THE 2 JANUARY 9, 2024, SPECIAL ELECTION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $185,425 is hereby transferred from the General Fund Reserve for 8 Contingencies to the FY 2023-24 Operating Budget of Voter Registration and Elections 9 to fund the Special Election ordered for January 9, 2024. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services Ce Attorney's Office CA16349 R-1 October 24, 2023 s 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 and to Transfer $6,195,518 between Eastern Shore Drive Drainage Projects 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) $ 9,962,333 100153 ESDD Cape Henry Canal Phase II (Section 1 C) j $ 5,361,022 100150 ESDD Lynnhaven Drive Pump_Station (Section 1D) $ 7,514,158 100538 ESDD Elevate Lynnhaven Drive (Section 1 E) $ 2,306,501 Total $25,144,014 The $25.1 million in Federal funds provides capacity to redirect a portion of previously appropriated funding from the projects listed above to other projects in the Eastern Shore Drive. As a result, $6,195,518 is proposed to be transferred to other Eastern Shore Drive Drainage projects as shown below. The transfers provide additional funding to allow further progression of the projects. Transfer From: Project 100153 ESDD Cape Hen Canal Phase II Section 1 C $ 1,662 493 100150 ESDD Lynnhaven Drive Pump Station Section 1 D) $ (2,642,654) _1 100538 ESDD Elevate Lynnhaven Drive (Section 1 E) $ (1,890,371) Total $ (6,195,511_ Transfer To: • roject# Project Amount 100167 ESDD Lynnhaven Colony Park Pump Station (Section 1B) $ 4,305,147 100597 ESDD North Shore Drive Street Drainage Improvements $ 1,890,371 (Section 1 F) Total $ 6,195,518 ■ 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. This item will be advertised in the normal City Council policy. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Project Detail Sheets (5) Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: lt� 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 AND TO TRANSFER 5 $6,195,518 BETWEEN EASTERN SHORE DRIVE DRAINAGE 6 PROJECTS 7 8 WHEREAS, the City of Virginia Beach has been awarded funding from the Federal 9 Emergency Management Agency for a Building Resilient Infrastructure and Communities 10 grant; and 11 12 WHEREAS, funding for the local contribution is already appropriated in the Flood 13 Protection Program section of the Capital Improvement Program; 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA THAT: 16 1) $25,144,014 is hereby accepted from the Federal Emergency Management Agency 17 and appropriated, with federal revenues increased accordingly, to the following FY 18 2023-24 Capital Improvement Program projects in the following amounts: 19 A. $5,361,022 for Project #100167 "Eastern Shore Drive Lynnhaven Colony 20 Park Pump Station;" 21 B. $7,514,158 for Project #100153 "Eastern Shore Drive Cape Henry Canal 22 Phase Il;" 23 C. $9,962,333 for Project #100150 "Eastern Shore Drive Lynnhaven Drive 24 Pump Station;" and 25 D. $2,306,501 for Project #100538 "Eastern Shore Drive Elevate Lynnhaven 26 Drive." 27 28 2) A total of $6,195,518 is hereby transferred as follows: 29 A. $1,662,493 is transferred from Project #100153 to Project #100167-1 30 B. $2,642,654 is transferred from Project #100150 to Project #100167; and 31 C. $1 ,890,371 is transferred from Project#100538 to Project#100597, "Eastern 32 Shore Drive Drainage Improvements." 33 34 3) The City Manager is hereby authorized to execute on behalf of the City all 35 necessary project agreements from project development and construction for this 36 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 and Management Services C KyAfforney's ffice CA16336 R-2 November 2, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100153 tle: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 3,652,760 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 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 II 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 TotaIFTE Project Map Schedule of Activities Project Activities From-To Amount Site Acquisition 12/21-02/24 100,000 Construction 02/24-04/27 10,892,250 Contingencies 12/21-04/27 1,200,000 L . n Total Budgetary Cost Estimate: 12,192,250 f'mk Means •300153 of •+"" �..."•" Funding Subclass Amount RYYMRRN•V[N." 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: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 IlDistricte 8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 14,970,000 9.500,000 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 Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE :Project Project Activities From-To Amount a Site Acquisition 12/21-02/24 3,500,000 Construction 02/24-04/27 10,170,000 Means Contingencies 12/21-04/27 1,300,000 Financing E Total Budgetary Cost Estimate: 14,970,000 ., ....,... - •100150 s Funding Subclass Amount Local Funding 9,500,000 Total Funding: 9,500,000 FY 2023-24 to FY 2028-29 153 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100538 itle:Eastern Shore Drive-Elevate Lynnhaven Drive tat..:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 3,950,000 3,600.000 - 1 350,000 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 FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Project Activities From-To Amount x 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 ........-•_ • • �. •• ,. Total Budgetary Cost Estimate: 3,950,000 f fMo•.e 0100538 ■( iMeans of rj a'. 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 itle:Eastern Shore Drive Lynnhaven Colony Park Pump Station tatus:Approved Category:Flood Protection Department:Public Works ProjectProject Type . 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 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 FY 2023-24 to FY 2028-29 152 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100597 itle:Eastern Shore Drive North Shore Drive Street Drainage Improvements,IF tatus:Approved Category:Flood Protection Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:8 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 1,560,000 1,560,000 Description Scope This project is part of the Eastern Shore Drive Flood Protection Program Master Project.It includes design,property acquisition,and construction of drainage improvements within the Eastern Shore Drive area,roughly between Starfish Road to Ebb Tide Road on the north side of Shore Drive.The improvements include but are not limited to,storm drains,stormwater collection systems,outfall systems,and backflow prevention devices.This project will be designed and constructed with CIP 100598,Eastern Shore Drive-Cape Henry Drive Street Drainage Improvements,1G. Purpose The project area is increasingly affected by high tidal elevations and coastal storms.The improvements are needed to provide an adequate level of flood protection for the area.This project focuses on the north side of Shore Drive,improving the older drainage system,largely served by infiltration systems that have reached their design life expectancy,and connecting to the improved post-constructed Shore Drive Corridor Improvements Phase III project, CIP 100381.Drainage improvements will occur at 5 side streets and may include curb and gutter,valley gutters,rolled curb,storm piping/drainage inlets. History and Current Status This project first appeared in the FY 2022.23 CIP and was funded by the November 2021 Bond Referendum. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount Design 12/22-01/25 100,000 Site Acquisition 05/23-01/25 100,000 Construction 07/25-04/27 1,100,000 Contingencies 12/22-04/27 260,000 Total Budgetary Cost Estimate: 1,560,000 Means of Funding Subclass Amount Local Funding 1,560,000 f Total Funding: 1,560,000 FY 2023-24 to FY 2028-29 154 Capital Improvement Program 04 zLL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the State Compensation Board to the FY 2023-24 Operating Budget of the Office of the Commonwealth's Attorney MEETING DATE: November 14, 2023 ■ Background: The Commonwealth's Attorney is a Constitutional Office, and the State Compensation Board provides funding to the City for a portion of the salaries of the Commonwealth Attorney's positions. The Virginia General Assembly provided targeted salary increases in the FY 2023-24 Budget to assist with the retention of prosecutors in the Commonwealth. ■ Considerations: The Virginia Beach Commonwealth's Attorney's Office was provided $362,408 to increase salaries for prosecutors effective December 1, 2023. The Commonwealth aims to further recruitment and retention efforts for prosecutors by implementing this increase. These funds will be allocated across the board for all non- deputy attorneys and will be administered by the Office of the Commonwealth's Attorney Office for an effective salary increase of 9.53% for eligible positions. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commonwealth's Attorney City Manager:�v 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE STATE COMPENSATION BOARD TO THE FY 3 2023-24 OPERATING BUDGET OF THE OFFICE OF THE 4 COMMONWEALTH'S ATTORNEY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $362,408 is hereby accepted from the State Compensation Board and 10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget 11 of the Office of the Commonwealth's Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services Cit rney's Office CA16343 R-1 October 31, 2023 Ku eejc '4 u f•; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding for the Project for Assistance in Transitioning from Homelessness (PATH) Program in the Department of Human Services and to Authorize Two Positions MEETING DATE: November 14, 2023 ■ Background: The Virginia Department of Behavioral Health and Developmental Services Office of Community Housing provides passthrough federal funds to local Community Service Boards to provide services to clients experiencing homelessness who have a substance use disorder (SUD). The funding is targeted to enhance the existing services provided by the Department of Human Services Project for Assistance in Transitioning from Homelessness (PATH) Program by increasing outreach services to the SUD population. ■ Considerations: This is a one-time payment of $350,000 in federal passthrough funds for the PATH program. Services to be reimbursed by these funds include two new full-time SUD Outreach Behavioral Specialists, staff training, travel, equipment, and bus passes for client use. This grant does not require a local match and includes reimbursement of administrative overhead. This grant is for a two-year period from September 1, 2023, through August 31, 2025. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:(q) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR THE PROJECT FOR ASSISTANCE IN 3 TRANSITIONING FROM HOMELESSNESS (PATH) 4 PROGRAM IN THE DEPARTMENT OF HUMAN 5 SERVICES AND TO AUTHORIZE TWO POSITIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1 . $350,000 is hereby accepted from the Virginia Department of Behavioral Health 11 and Developmental Services and appropriated, with revenue increased 12 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 13 Services for the PATH Program. 14 15 2. Two full time positions are hereby authorized in the Department of Human 16 Services FY2023-24 Operating Budget for the PATH Program. Such positions 17 are conditioned upon continued funding from the Commonwealth. 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: Budget and Management Services C ityAlfbrn slofice CA16354 R-1 October 31, 2023 "i GNU 9Et�l �lv r•s* s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for the Public Safety Answering Points Staffing Recognition Grant MEETING DATE: November 14, 2023 ■ Background: The Virginia Public Safety Answering Point (PSAP) Staffing Recognition Grant is intended to help address the staffing crisis experienced by Virginia PSAPs. PSAP Staffing Recognition funding amounts are $2,500 per each eligible full- time employee. The purpose of the fund is to help PSAPs recognize and retain employees. On October 1, 2023, the Virginia Beach Emergency Communications and Citizen Services received notification of the approved grant award of $257,500 from the PSAP Grant Program for fiscal year 2024. Administration of this grant will be through the Emergency Communications and Citizen Services Administrative Office. These funds will be used to provide one-time recognition payments to eligible employees in December 2023 for identified positions that qualify and are filled. ■ Considerations: This grant does not require a local match. In addition, the remaining funds will be utilized towards performance bonuses for qualified new hires upon successful completion of Call Taker and/or Dispatch training for the FY 2023-24 award period. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Communications and Citizen Services City Manager: 4W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE PUBLIC SAFETY ANSWERING POINTS 3 STAFFING RECOGNITION GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $257,500 is hereby accepted from the 9-1-1 Services Board of the Virginia 9 Department of Emergency Management and appropriated, with estimated revenue from 10 the Commonwealth increased accordingly, to the FY 2023-24 Operating Budget of the 11 Department of Emergency Communications and Citizen Services for staff recognition and 12 retention efforts. 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: n B dget and Management Services 4ityyorn 's Office CA16342 R-1 October 31, 2023 VA'g � � tz> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate an Additional $162,547 from the Virginia Military Community Infrastructure Grant Program and Fund for Capital Project #100536, "Creeds Training Center Renovations" MEETING DATE: November 14, 2023 ■ Background: The Police Department has received a grant in the amount of $11,431,738 from the Department of Defense Community Investment Pilot Program (DCIP) for Creeds Training Center. This grant is designed to address deficiencies in community infrastructure, supportive of a military installation, to enhance military value, installation resilience, and military family quality of life. There is a 30% city match requirement of which the state, through the Virginia Military Community Infrastructure Grant Program (VMCIGP), is offsetting by $1,562,547, approximately 45%. On September 19, 2023, the City Council accepted and appropriated $8 million from the federal government and $1.4 million from the Commonwealth, and authorized a match of $2,031,738. Since that time, the City has received notification that the State's portion has increased by $162,547, from the Virginia Military Community Infrastructure Grant Program. This lowers the City's match to $1,866,974.40 from General Fund balance. ■ Considerations: The DCIP grant requires a 30% City match of total project costs, and the VMCIGP grant requires a dollar-for-dollar match up to the 30% DCIP requirement. With the VMICGP grant award of$1,562,547, $1,866,974.40 of the total is required from the City, a reduction of$162,547 from the September 19 ordinance. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:)M9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE AN 2 ADDITIONAL $162,547 FROM THE VIRGINIA MILITARY 3 COMMUNITY INFRASTRUCTURE GRANT PROGRAM AND 4 FUND FOR CAPITAL PROJECT #100536, "CREEDS 5 TRAINING CENTER RENOVATIONS" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $162,547 is hereby accepted from the Virginia Military Community 11 Infrastructure Grant Program and Fund and appropriated, with state revenue increased 12 accordingly, to the FY 2023-24 Operating Budget of the Police Department and 13 transferred as pay-as-you-go funding for Project # 100536, "Creeds Training Center 14 Renovations." 15 16 2. The previously appropriated local match from the fund balance of the 17 General Fund is hereby reduced by $162,547, and total appropriation-to-date for Project 18 #100536 is reduced in the same amount. 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: B ,dget and Management Services C tt ney's Office CA16348 R-1 October 31, 2023 i a, y =i '�Kyv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $150,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Recruiting MEETING DATE: November 14, 2023 ■ Background: The Police Department (VBPD) requests that the City Council approve the use of $150,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to fund a recruiting website and a measurable digital advertising strategy to support recruitment efforts. Proposals will be sought from qualified creative firms to provide website development, targeted and tracked recruitment strategies, and development of video and static display ads. This project will focus on marketing VBPD as a desirable place to work and the community as an attractive place to live. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission but cannot be used to supplant local funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action. As of October 2023, the unassigned fund balance is around $1.9 million. Ongoing costs for maintenance and updating would be minimal and would be covered by the Police Operating Budget. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO APPROPRIATE $150,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 RECRUITING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $150,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to 11 the FY 2023-24 Police Department Operating Budget for police recruitment. 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: c Budget and Management Services City ttorney's Office CA16350 R-1 October 24, 2023 M. PLANNING 1. WHITNEY W. ELLIOT, MATTHEW E. MANCOLL & ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992, for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55t' Street, Unit B DISTRICT 6 RECOMMENDATION: APPROVAL 2. WHITNEY W. ELLIOT, MATTHEW E. MANCOLL & ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992, for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 219 54a' Street DISTRICT 6 RECOMMENDATION: APPROVAL 3. EVERGREEN VIRGINIA, LLC for a Modification of Conditions re motor vehicles sales, rentals, and repairs at 240 & 248 North Lynnhaven Road and 2865 & 2893 Virginia Beach Boulevard DISTRICT 3 RECOMMENDATION: APPROVAL 4. BURNETTE BAUM DEVELOPMENT CORPORATION / RVB 3, LLC for a Modifications of Proffer and a Conditional Use Permit re car wash facility and at 5453 Wesleyan Drive DISTRICT 4 RECOMMENDATION: APPROVAL 5. EXCEL FITNESS VA 9, LLC DBA PLANET FITNESS / GENERAL BOOTH PROPERTIES OF VA BEACH, INC for a Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue DISTRICT 5 RECOMMENDATION: APPROVAL 6. ASHLEY GULLER for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit B DISTRICT 5 RECOMMENDATION: APPROVAL 7. THE FOUNTAIN, LLC for a Conditional Use Permit re short term rental at 307 34"' Street DISTRICT 6 RECOMMENDATION: APPROVAL 8. TRACI R. McGLYNN & MICHAEL L. McGLYNN for a Conditional Use Permit re short term rent at 523 22"d Street DISTRICT 6 RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, November 14,2023 at 6:00 p.m.In the Council Chamber at City Hall,2n°Floor at 2401 Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.virginiabeach.gov,broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: https,//vbi!ov.webex.com/weblink/­reg ster/r704598eb4866c85c8db8 0768f18c2b8e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 14,2023. The following requests are scheduled to be heard: Whitney W.Elliott,Matthew E.Mancoll&Robin A.Mancoll(Applicants)Whitney W. Elliott, Matthew E. Mancoll, Robin A. Mancoll, The Linda Eaton Golding Amended and Restated Revocable Trust u/a/d April 22,1992(Property Owners) Street Closure Address:50'by 15'portion of an unimproved alley between Lots 12&21,Block 11,Ubermeer Subdivision Adjacent GPIN(s):2418796899& 24197060520002 City Council:District 6 Evergreen Virginia,LLC(Applicant&Property Owner)Modification of Conditions (Motor Vehicle Sales,Rentals&Repairs)Addresses:240&248 N.Lynnhaven Road&2865&2893 Virginia Beach Boulevard Adjacent GPIN(s):1497358365, 1497357774,1497358684,&1497356822 City Council:District 3 Burnette Baum Development Corporation (Applicant) RVB 3, LLC (Property Owner) Conditional Use Permit (Car Wash Facility) Modification of Proffers Address:5453 Wesleyan Drive Adjacent GPIN(s):1468447741 City Council: District 4 Excel Fitness VA 9,LLC dba Planet Fitness(Applicant)General Booth Properties of VA Beach,Inc(Property Owner)Conditional Use Permit(Indoor Recreational Facility)Address:2336 Elson Green Avenue GPIN(s):2414245953 City Council: District 5 Ashley Guller(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:921 Pacific Avenue,Unit B GPIN(s):24272444111130 Clty Council:District 5 The Fountain,LLC(Applicant&Property Owner)Conditional Use Permits(Short Term Rentals)Addresses:307 34th Street GPIN(s):2418938232 City CounrA: District 6 Traci R.McGlynn&Michael L McGlynn(Applicant&Property Owner)Conditional Use Permit (Short Term Rental) Address: 523 22nd Street GPIN(s): 2417987516 City Council:District 6 Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.virginiat>each.gov/pc. For information call 757-385-4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing Impaired, you can contact Virginia Relay at 711 for TOO service.The meeting will be broadcast on cable TV,www.virginiabeach.gov and Facebook Live. Please check our website at httPs:Hclerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-OCTOBER 31,2023&NOVEMBER 7,2023-1 TIME EACH R"5 R(N E) Street__ RSR(NE) Stree �55th R5R(NEY R5R(NE)� R5,R(NE) p -- ,-- 54th S i R5R(N E-) N Site Property Polygons Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll W F. -7 zoning 50' by 15' portion of an unimproved alley between Lots 12 & 219 S Block 11 , Ubermeer Subdivision Building Feet 0 1020 40 60 80 100 120 W°er 6 `i• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Whitney W. Elliott for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 218 55th Street, Unit B MEETING DATE: November 14, 2023 ■ Background: Whitney W. Elliott (the "Applicant") requested the closure of approximately 375 Square feet of an unimproved, unnamed alley (the "Right-of-Way") adjacent to the rear of her property located at 218 55th Street, Unit B, for the purpose of incorporating the closed area into her adjoining property. The owner of 218 55th Street, Unit A, has provided a written statement that she has no interest in the Right-of-Way proposed for closure. The owners of 219 54th Street have joined the Applicant in the street closure application and have requested that the remaining 7.5 ft. x 50 ft. portion of the unimproved unnamed alley also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: Other street closure requests similar to this request have been approved in the Ubermeer neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On October 11, 2023, the Planning Commission passed a motion by a recorded vote of 11-0 to recommend approval of this request to City Council, with the following conditions: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must Whitney W. Elliott Page 2 of 2 be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicant shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of- way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,- Submitting Department/Agency: Planning Department City Manager: /;k) 1 ORDINANCE APPROVING APPLICATION OF 2 WHITNEY W. ELLIOTT FOR THE CLOSURE 3 OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE 5 REAR OF 218 55T" STREET, UNIT B 6 7 WHEREAS, Whitney W. Elliott (the "Applicant") applied to the Council of the City 8 of Virginia Beach, Virginia, to have the hereinafter described portion of an unimproved, 9 unnamed right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 21 Way") be discontinued, closed and vacated, subject to certain conditions being met on 22 or before one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "CLOSED ONE-HALF PORTION TO UNIT B, 27 LOT 12 (375 SQ. FT.)" and shown as the hatched area on 28 that certain street closure exhibit entitled: "STREET 29 CLOSURE EXHIBIT PORTION OF 15' ALLEY (A PUBLIC 30 R/W) TO BE CLOSED ADJACENT TO LOTS 12 AND 21, 31 BLOCK 11 UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, 32 VIRGINIA FOR MATTHEW E. MANCOLL AND ROBIN A. 33 MANCOLL (LOT 21 — GPIN 2418-79-6899) AND WHITNEY 34 W. ELLIOTT (LOT 12, UNIT B — GPIN 2419-70-6052-0002)", 35 Scale: 1" = 40', dated February 14, 2023, revised July 25, 36 2023, prepared by Rouse-Sirine Associates, Ltd., a copy of 37 which is attached hereto as 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 GPIN: 2419-70-6052-0002 46 1. The City Attorney's Office shall make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. Copies of the policy are 50 available in the Planning Department. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining lots. The resubdivision plat must be 54 submitted and approved for recordation prior to the final street closure approval. Said 55 plat shall include the dedication of a public drainage easement over the closed portion 56 of the street to the City of Virginia Beach, subject to the approval of the Department of 57 Public Works, and the City Attorney's Office, which easement shall include a right of 58 reasonable ingress and egress. 59 60 3. There are existing overhead facilities located within the Right-of-Way 61 proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia 62 shall be provided. Additionally, the Applicant shall verify that no other private utilities 63 exist within the Right-of-Way proposed for closure. If other private utilities do exist, an 64 easement satisfactory to the appropriate utility company must be provided. 65 66 4. Closure of the Right-of-Way shall be contingent upon compliance with the 67 above stated conditions within 365 days of approval by City Council. If the conditions 68 noted above are not accomplished and the final plat is not approved for recordation 69 within one year of the City Council vote to close the rights-of-way this approval shall be 70 considered null and void. 71 72 SECTION III 73 74 1. If the preceding conditions are not fulfilled on or before November 13, 75 2024, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before November 13, 2024, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 89 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH (as "Grantor") and WHITNEY W. ELLIOTT (as "Grantee"). 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of . 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16082 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p043\00922255.doc R-1 October 30, 2023 NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310063G, DATED JANUARY 16,2015. 4. TOTAL AREA OF PROPOSED STREET Cl OSURF=750 SQ.FT./0.017 ACRES.GW (MERIDIAN S � UP ABANDONED'I OURCE M,B.7,p 150)Q W ou) UP#H 34 W Z LOT 20 LOT LI wco �a GPIN: 2419-70-7004 0 a Oz BLOCK 11 GPIN: 2418-79-7940 CIO R r BLOCK 11 00 o � BLOCK 11 Uao UBERMEER o wo = _w S 08° UBERMEER in w 56 00 E (M.B. 7, P. 150) Ex"„i m (M.B. 7, P. 150) co > 15.00' oz S 08°56'00" E 127.50' STA E o STAKES) S 08°56'00" E 127.50' 1 w UNIT A z 7.5'W w LOT 21 1 LOT IZ z aW Oz ono GPIN: 2418-79-6899 0 00 UNIT B oo wwl U- �`- o o PROPERTY OF o0 o GPIN:2419-70-6052 pro o c� to— C :;T PLAT OF 218 55TH STREET �� LL 0o MATTHEW E. MANCOLL AND (D o 00 A CONDOMINIUM WOODEN z ROBIN A. MANCOLL 00 Z (INST.#20170503000366140) 7.5' DECK (INST. #20201009000956230) to } 1 UP#HE4 X4 METAL FENCE 1 Q N 08°56'00"W 127.50' UP ABANDONED PIN(F) 42"METAL FENCE 127.50' 1 W 3 STAKES) PROPERTY OF N 08°56'00"W m I 1, N 08056'00"W o WHITNEY W. ELLIOTT =LO (INST. #202103027263) LOT I315.00 w .0 z QFS�O LOT 22 � o w z WOODEN DECK GPIN: 2418-79-6848 H GPIN: LOCK70-6001 �w w FRAME SHED CONDOMINIUM PLAT OF m LL 221 A& B 54TH STREET o =_,� LEGEND UBERMEER �0 42"CHAIN o m (M.B. 7, P. 150) W`" LINK FENCE (M.B. 222, P. 1) H� PIN(F) PIN FOUND oo d'Q ❑ STAKE(S) STAKE SET z a a PIN(F) b - GW GUY WIRE LOT 14 w I�t- t0 -O UP UTILITY POLE o 0 FRAME XR * FENCE GPIN: 2419-70-5050 oz oo SHED GPIN: 8�9-6817 —/— OVERHEAD WIRES BLOCK 11 0 O. ELEC. ELECTRIC UBERMEER `� '~ o. , CONDOMINIUM PLAT OF ® CLOSED ONE-HALF PORTION M B 7 P. 150 x-x 9 o Z W 223 &225 54TH STREET TO LOT 21(375 SQ.FT.) ( ) x w o> (INST. #200502230028929) ® CLOSED ONE-HALF PORTION m c�- TO UNIT B,LOT 12(375 SQ.FT.) o 0 1 STREET CLOSURE EXHIBIT HOLLY AVENUE PORTION OF 15 ALLEY (A PUBLIC R/W) (40'PUBLIC RIGHT-OF-WAY) 50) TO BE CLOSED ADJACENT TO M.B.7, R (UNIMPROVEED ROAD) LOTS 12 AND 21, BLOCK 11 UBERMEER (M.B.7,P. 150) VIRGINIA BEACH, VIRGINIA FOR �NLTH Op MATTHEW E. MANCOLL AND ROBIN A. MANCOLL (LOT 21 - GPIN 2418-79-6899) AND 07-25-2023 �Gy WHITNEY W. ELLIOTT (LOT 12, UNIT B - GPIN 2419-70-6052-0002) 0 02-14-2023 H SCALE: 1"=40' FEBRUARY 14,2023 JEFFREY D. WILLIAMS REVISED JULY 25,2023 ROUSE-SIRINE ASSOCIATES, LTD. Lic. No. 2�0� LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D" Eff2t 1 D, 4J I t LIA www.rouse-sirinexom 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD 0 VIRGINIA BEACH,VIRGDRA 23462 SUITE 103 D S U Rv� TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 20 40 80 120. FEET J.O.#13800-23-069 ACAD:13800-23-069 UBERMEER, LOTS 12&21, BLOCK 11.dwg GRAPHIC SCALE F.B.872,P.26 Applicants • Item - Property Owners Whitney W. Elliott, Matthew E. Mancoll, Robin A. Mancoll,The Linda Eaton Golding Amended and Restated Revocable Trust • April C,'o/ Planning CommissionPublic Hearing October 1 Virginia Beach City Council Request Street Closure (50'x 15' Unimproved Alley) Staff Recommendation 6+ Approval Staff Planner 04 53 ESN 51 Hoa N. Dao / 5" 94HSS Location Or��ZNs SNO 50'x 15' portion of an unimproved alley o j"5 between Lots 12& 21, Block 11, Ubermeer NEIZNst Subdivision Adjacent GPINs s 2418796899, 24197060520002 ''� 00 � sT Site Size J S+ HPX� ym =� 750 square feet m (',5+sl j„s� . AICUZr:,,, AIN 65-70 dB DNL; Sub-Area 3 Y LLEY t� Watershed m P �SNS LL�r"1 PILLE� P Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling, duplex/R-5R Residential (North End Overlay) Surrounding Land Uses and Zoning Districts North 55th Street Single-family dwelling,duplexes/ R-5R Residential (North End Overlay) � . South 54th Street +c,,�". - *•r94r Single-family dwelling, duplexes/R-5R • y ,rh,� Residential (North End Overlay) 14 East Single-family dwelling, duplexes/R-5R Residential (North End Overlay) ' . West �.•+ Single-family dwelling, duplexes/R-5R Residential (North End Overlay) Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 1 Background & Summary of • . • • The applicants are seeking to close a portion of the alley between their properties.As shown on the submitted street closure exhibit,the proposal includes closure of a 750 square foot portion of the unimproved 15 foot alley way. • The owner of Lot 12, Unit A, has provided a written statement that she does not have an interest in this portion of the alley way.The closure area will be divided between the property owners of Lot 21 and Lot 12, Unit B.These property owners seek the additional land for future expansion of their residences and/or the installation of other improvements such as a pool or shed. O �,l SIR ft5R(NE) r':5S1s NE) �SRYNEI RSR(NE) No Zoning History Available _R5R(4E) 5 4 , SOSH h , Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation • • • A Viewers' meeting was held on August 25, 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 this application.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore,the proposed closure is deemed acceptable. Similar requests have been reviewed and approved by the City Council for the closure of alleys within the Ubermeer neighborhood. Consistent with many of those approvals,Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley in the event that the property is required in the future for drainage of public water. Based on these considerations, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the right-of-way proposed for closure;therefore, an easement satisfactory to Dominion Virginia Power shall be provided.Additionally,the Applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist,an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Natural : Cultural Resources The site is located in the Atlantic Ocean watershed.There do not appear to be significant natural or cultural resources associated with the site. PublicOutreach Information Planning Commission • 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. Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 3 • 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,October 31,2023 and November 7, 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 30, 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 November 10, 2023. Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 4 Proposed Street ClosureExhibit NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY, 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0 2%ANNUAL CHANCE FLOODPLAIN)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA.MAP NUMBER 5155310063G, DATED JANUARY 16,2015. 4 TOTAL AREA OF PROPOSED STREET CLOSURE=750 SO.FTJ 0.017 ACRES. (MERIDtgN SO Q UP ABANDONED' URCE M.g 7,p,750) w LL UP 34 1?� LOT 2(1 w LX w a o BLOCK 11 z LOT w o� GPIN:2418-79 7940 E..�a GPIN:2419-7070-7004 0 a oz BLOCK 11 BLOCK 11 0"T Q <LL UBERMEER Urn UBERMEER of w w �� M.B.7,P. 150 `r' _ �Vi m S 08°56'00"E (M.B 7,R 150) E.,m ( ) oo �'— 15.00, W a S 08°56'00"E 127.50' z S K STAKES) S 08°56'00"E 127,50' t w UNIT A UNIT B z5 z W o LOT 21 I LOT 12 z GPIN:2419-70- w i 3 Z.o v GPIN:2418-79 6899 0 v o GPIN:2419-70 6052 6052-0002 go LL�'_ PROPERTY OF o 00 c o LL o MATTHEW E.MANCOLL AND 00 0 PLAT OF 218 55TH STREET n Ln° co ao WOODEN z ROBIN A.MANCOLL 00 A CONDOMINIUM cn Z ,DECK (INST.#20201009000956230 to ' (INST.#20170503000366140) UP#HE4 4 METAL FENCE ) }^ N 08°56'00"W 127.50' UP ABANDONED PIN(F) 42•METAL FENCE 127.50' I F' STAKE(S) X N 08°56'00"W .i-�-- PROPERTY OF N 08°56'00"W m ' *� ;,;o WHITNEY W.ELLIOTT 15.00' z z RFs LOT 22 fY=� (INST.#202103027263) LOT 13 W Z WOODEN DECK GPIN:2418-79 6848 0 GPIN:2419-70 6001z ' FRAME SHED CONDOMINIUM PLAT OF IY r co BLOCK 11UBERMEER 3 r1' 221 A&B 54TH STREET ►�" LEGEND 0 42•CHAIN M.B.222,P. 1 00 E-m (M.B.7,P. 150) W� LINK FENCE ( ) • PIN(F) PIN FOUND . 0 4 a 0 GW�(S) STAKEGUY SE w W a PIN(F) o 1P UTILITY POLE LOT 14 §Z dm o�sH o LOT 23 1F--it—iE FENCE GPIN:2419-70-5050 z o —�— OVERHEAD WIRES BLOCK 11 ��a— GPIN:2418-79-6817 ELEC. ELECTRICUBERMEER CONDOMINIUM PLAT OF ® CLOSED ONE PORTION (M.B.7,P. 150) rt x �m v3 223&225 54TH STREET TO LOT 21(375 SO.FT.) Z1 z ® CLOSED ONE+HALFPORTION Nm �cc (INST #200502230028929) TO UNIT B.LOT 12(375 S0.FT) o . 0 1 STREET CLOSURE EXHIBIT HOLLY AVENUE PORTION OF 15'ALLEY(A PUBLIC R/W) (ao PUBLIC M.B.7,RIGHT-OF-WAY) 150)-wAY) TO BE CLOSED ADJACENT TO (UNIMPROVED ROAD) LOTS 12 AND 21, BLOCK 11 UBERMEER (M.B.7,P.150) VIRGINIA BEACH,VIRGINIA FOR �l I11 O MATTHEW E. MANCOLL AND �1� F ROBIN A. MANCOLL(LOT 21 -GPIN 2418-79-6899) p� Lt AND �" 09-20-2023 �C, WHITNEY W. ELLIOTT(LOT 12, UNIT B-GPIN 2419-70-6052-0002) C 02-14-2023 SCALE:1"=40' FEBRUARY 14,2023 t} JEFFREY D. WILLIAMS a REVISED SEPTEMBER 20,2023 ROUSE-SIRINE ASSOCIATES, LTD. Uc. No. 20 LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUMM LEVELS-B-D" E f•key D.W'LLl 4 www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD q�r 'ti0 VIRGINIA BEACH,VIRGINIA 23462 SUn1 103 U S 11 Rv4 TFL(757)490.2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 20 40 80 120 FEET J.O.#13800-23-069 ACAD:13800-23-069 UBERMEER,LOTS 12&21,BLOCK l l.dwg GRAPHIC SCALE F.B.872,P.26 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 5 fr � - Site Photos f Ki y low T �_ c a M 4f - N `^ ry_ Y. Y r. I N Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 6 I �Site Photos ^4' s r :5 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 7 Disclosure Disclosure Statement iL 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 Whitney W.Elliott Does the applicant have a representative? 0 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) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. 11 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 8 Disclosure Disclosure Statement X 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-coliateralixation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. MERS,Inc. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 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 M NO • If yes,identify the purchaser and purchaser's service providers. 21 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 9 Disclosure Disclosure Statement r.r M r.P+►s# Planning&Corcl►nunhy Development 6 Does the applicant have a construction contractor in connection with the sublect of the application or any business operating rx to be operated on the property'❑Yes N 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. Jeffrey D.Williams,Rouse-Sinn Associates,Ltd. 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 R I evy,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 committge in connection with this application. Applicant sign.atur Whitney W.Elliott Print�anTitle 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 Folt CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council ns ling i that perijains to the applications 2023.1Il24 Hoa N Dao Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 10 Disclosure Disclosure Statement VID Planning&Communit\ VOW Development Owner Disclosure Owner Name The Linda Eaton Golding Amended and Restated Revocable Trust u/a/d April 22,1992 Applicant Name Whitney W.Elliott Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?K,Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Linda Eaton Golding,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® 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. 5I Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 11 Disclosure Disclosure Statement VJU 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/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 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 of the application or any business operating or to be operated on the property?❑Yes 8 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 0 No If yes,identify the firm and individual providing the service. 61 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 12 Disclosure Disclosure Statement 110 Planning&Community ' [)evelopment 8. Is the Owner receiving legal services in connectiun with the subject of the application or any business operating of to b� operated on the property?❑Yes N 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. The Linda Eaton Golding Amended and Restated Revocable Trust u/a/d April 22,1992 Owner Signature Linda Eaton Golding,Trustee — - Print Name and Ptle 1 1 i Date Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 13 Disclosure Disclosure Statement X . 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 Matthew E.Mancoll&Robin A.Mancoll Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 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 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 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 14 Disclosure Disclosure Statement 113 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach nave an interest in the subject land or any proposed development contingent on the subject public action?❑Yes K 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 O No . If yes,identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc.(Tidewater Home Funding,LLQ;The Old Point National Bank of Phoebus 2. Does the applicant have a real estate broker/agent/reaRor 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 III 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 N No • If yes,identify the purchaser and purchaser's service providers. Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 15 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?0 Yes ■ No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?E Yes ❑No • If yes,identify the firm and individual providing the service Jeffrey D.Williams,Rouse-Sirine Associates,Ltd. 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 Sipnature 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& �Zz'l 4 _. A plicant Signature Matthew E.Mancoll Robin A.Mancoll Print Name a d 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. © No changes as of Date 2023 10.24 Sf�ture ,a//J Print Kam Hoa N Dao 31 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 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. Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 17 Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 1 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Macoll RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Good afternoon. The first item on our consent agenda is item number one. The Whitney W. Elliott, Matthew Mancoll, and Robin Mancoll, the applicant representative is Mr. Bourdon. Mr. Bourdon: Thank you, Mr. Chairman, I represent the applicants on item number one and all the four conditions as recommended by staff are acceptable to the applicants. Mr. Horsley: Thank you, Mr. Bourdon. Is there any opposition to this item? Seeing none, I would ask Mr. Plumlee if he would read this in the record. Mr. Plumlee: Yes, this is a request to close a small parcel, an old street between these two residential properties. Both sides of the alleyway have made this request. There's been no objection and the commission deemed it appropriate for consent. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the right-of-way proposed for closure; therefore, an easement satisfactory to Dominion Virginia Power shall be provided. Additionally, the Applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. 'fit` R( V E) -. '"". R5R(N E) c5 ` .- 5501 Stree __ R5R(NE) of � v �. ao R5R(N-E) RS;R(N 5th S R5R(N E,) N m Site W E o Property Polygons LOCATION MAP W s o` Zoning Building Feet 0 1020 40 60 80 100 120 R5R(N E) ` eet R5.R(N E` � th Str � 55 5th Street R5R(NE)v 0 � OPO 00 0 _ . _ R5,R(N E) �(NE) Street R5R(NE) N site Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll W � E Property Polygons Zoning 50' by 15' portion of an unimproved alley between Lots 12 & 21 , S Building Block 11 , Ubermeer Subdivision Feet 0 1020 40 60 80 100 120 t'! 4 '! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Matthew E. Mancoll and Robin A. Mancoll for the Closure of One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 219 54th Street MEETING DATE: November 14, 2023 ■ Background: Matthew E. Mancoll and Robin A. Mancoll (the "Applicants") requested the closure of approximately 375 Square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 219 54th Street, for the purpose of incorporating the closed area into their adjoining property. The owner of 218 55th Street, Unit B, has joined the Applicants in the street closure application and has requested that the remaining 7.5 ft. x 50 ft. portion of the unimproved unnamed alley also be closed. A separate Ordinance will be presented to City Council for consideration of that request. ■ Considerations: Other street closure requests similar to this request have been approved in the Ubermeer neighborhood. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in any public inconvenience. There is no known opposition to this request. ■ Recommendation: On October 11, 2023, the Planning Commission passed a motion by a recorded vote of 11-0 to recommend approval of this request to City Council, with the following conditions: 1 . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must Whitney W. Elliott Page 2 of 2 be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided. Additionally, the Applicants shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of- way this approval shall be considered null and void. ® Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 MATTHEW E. MANCOLL AND ROBIN A. 3 MANCOLL FOR THE CLOSURE OF ONE- 4 HALF OF AN UNIMPROVED, UNNAMED 5 ALLEY ADJACENT TO THE REAR OF 219 6 54T" STREET 7 8 WHEREAS, Matthew E. Mancoll and Robin A. Mancoll (the "Applicants") applied 9 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed right-of-way discontinued, 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 THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "CLOSED ONE-HALF PORTION TO LOT 21 28 (375 SQ. FT.)" and shown as the hatched area on that 29 certain street closure exhibit entitled: "STREET CLOSURE 30 EXHIBIT PORTION OF 15' ALLEY (A PUBLIC R/W) TO BE 31 CLOSED ADJACENT TO LOTS 12 AND 21, BLOCK 11 32 UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA 33 FOR MATTHEW E. MANCOLL AND ROBIN A. MANCOLL 34 (LOT 21 — GPIN 2418-79-6899) AND WHITNEY W. 35 ELLIOTT (LOT 12, UNIT B — GPIN 2419-70-6052-0002)", 36 Scale: 1" = 40', dated February 14, 2023, revised July 25, 37 2023, prepared by Rouse-Sirine Associates, Ltd., a copy of 38 which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2418-79-6899 47 1. The City Attorney's Office shall make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City shall be 49 determined according to the "Policy Regarding Purchase of City's Interest in Streets 50 Pursuant to Street Closures," approved by City Council. Copies of the policy are 51 available in the Planning Department. 52 53 2. The Applicants shall resubdivide the property and vacate internal lot lines 54 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 55 submitted and approved for recordation prior to the final street closure approval. Said 56 plat shall include the dedication of a public drainage easement over the closed portion 57 of the street to the City of Virginia Beach, subject to the approval of the Department of 58 Public Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. There are existing overhead facilities located within the Right-of-Way 62 proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia 63 shall be provided. Additionally, the Applicants shall verify that no other private utilities 64 exist within the Right-of-Way proposed for closure. If other private utilities do exist, an 65 easement satisfactory to the appropriate utility company must be provided. 66 67 4. Closure of the Right-of-Way shall be contingent upon compliance with the 68 above stated conditions within 365 days of approval by City Council. If the conditions 69 noted above are not accomplished and the final plat is not approved for recordation 70 within one year of the City Council vote to close the rights-of-way this approval shall be 71 considered null and void. 72 73 SECTION III 74 75 1 . If the preceding conditions are not fulfilled on or before November 13, 76 2024, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before November 13, 2024, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the underlying 83 fee, the City Manager or his designee is authorized to execute whatever documents, if 84 any, that may be requested to convey such interest, provided said documents are 85 approved by the City Attorney's Office. 86 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 90 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 91 VIRGINIA BEACH (as "Grantor") and MATTHEW E. MANCOLL and ROBIN A. 92 MANCOLL (as "Grantee"). 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 94 of . 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16081 \\vbg ov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p043\00922255.doc R-1 October 30, 2023 NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310063G, DATED JANUARY 16,2015. 4. TOTAL AREA OF PROPOSED STREET CLOSURE=750 SQ.FT./G,017 ACRES. (A"RIDIAN SO Q UP ABANDOIN D URCE M B 7 P. 150) W u- UP#H 34 >I LOT 953 LOT 11 LU w a S 11w BLOCK GPIN: 8-�9-7940 [� a GPIN: 2419-70-7004 0 0 o a 3 w BLOCK 11 BLOCK 11 UBERMEER _j "'UBERMEER o o �W °° S 08°56'00"E (M.B. 7, P. 150) m (M.B. 7, P. 150) - in 15.00' o ' S 08056'00" E 127.50' z s LL E STAKES) S 08-56-00" E 127.50' co UNIT A z 7.5'w w LOT 21 >w J w0 OW - p > o z m w o z o_ GPIN: 2418-79-6899 LOT IZ Z UNIT B op ow LLc �U- Pb PROPERTY OF GPIN:2419-70-6052 vo o'' LO° o- o Lo PLAT OF 218 55TH STREET oC>�� o MATTHEW E. MANCOLL AND C)o °O A CONDOMINIUM U, WOODEN Z ROBIN A. MANCOLL w Z (INST.#20170503000366140) 7.5' .DECK (INST. #20201009000956230 v� UP#HE4 48_M�TAL FENCE ) } N 08°56'00"W 127.50' UP ABANDONED PIN(F) 42•METAL FENCE 127.50' 3 STAKE(S) W u-^ PROPERTY OF N 08°56'00"W xo O`F N 08056'00"W p o WHITNEY W. ELLIOTT 15.00, w z /Rs�D LOT 22 (INST. #202103027263) LOT 13 w z WOODEN DECK a $U ,,, GPIN: 2418-79-6848 E"I V' GPIN: 2419-70-6001 o z FRAME SHED BLOCK 11 w CONDOMINIUM PLAT OF Um UBERMEER �LL �0 42•CHAIN 221 A& B 54TH STREET o LEGEND (M.B. 7, P. 150) W� LINK FENCE (M.B. 222, P. 1) o [-am., • PIN(F) PIN FOUND o vt a O STAKE(S) STAKE SET z a s PIN(F) �i b >- GW GUY WIRE E LOT 14 w n �1 -7' UP UTILITY POLE o Z Q+6 pJ SHED LOT 23 ;<---x x FENCE GPIN: 2419-70-5050 3 z o GPIN: 2418-79-6817 —/— OVERHEAD WIRES BLOCK 11 o O. ELEC. ELECTRIC UBERMEER ~ Cl.r CONDOMINIUM PLAT OF ® CLOSED ONE-HALF PORTION M.B. 7, P. 150 m v 223 & 225 54TH STREET TO LOT 21(375 SQ.FT.) ( ) 5i= o> (INST. #200502230028929) ® CLOSED ONE-HALF PORTION m TO UNIT B,LOT 12(375 SO.FT.) `) 0 1 STREET CLOSURE EXHIBIT - HOLLY AVENUE PORTION OF 15' ALLEY (A PUBLIC R/W) (40'PUBLIC RIGHT-OF-WAY) 50) TO BE CLOSED ADJACENT TO M.B. 7, R (UNIMPROVEED ROAD) LOTS 12 AND 21, BLOCK 11 UBERMEER (M.B.7,P.150) VIRGINIA BEACH, VIRGINIA FOR MATTHEW E. MANCOLL AND ROBIN A. MANCOLL (LOT 21 - GPIN 2418-79-6899) 0 Lr AND 07-25-2023 WHITNEY W. ELLIOTT (LOT 12, UNIT B - GPIN 2419-70-6052-0002) 02-14-2023 H SCALE: 1"=40' FEBRUARY 14,2023 JEFFREY D. WILLIAMS Y REVISED JULY 25,2023 ROUSE-SIRINE ASSOCIATES, LTD. Lic, No. 200 � LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS-B-D" E 2Ey D, A I LUA www.l.ouse-sii,ine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD O �`9� �( 4 VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 D s u F"4 TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL.(757)903-4695 0 20 40 80 120 FEET J.O.#13800-23-069 ACAD:13800-23-069 UBERMEER, LOTS 12&21, BLOCK 11.dwg GRAPHIC SCALE F.B.872,P.26 A•• •. Item Property Owners Whitney W. Elliott, Matthew E. Mancoll, Robin A. Mancoll,The Linda Eaton Golding Amended and Restated Revocable Trust V,,I • • • ' • • .. 1 Virginia Beach City Council Request Street Closure (50'x 15' Unimproved Alley) Staff Recommendation 6+11 Approval gp1H Staff Planner � ygtH gz50%119 .St Hoa N. Dao Location �, k �t"54 sS 50'x 15' portion of an unimproved alley " of between Lots 12&21, Block 11, Ubermeer f` 0 5►ZHs. Subdivision a AUEv Adjacent GPINs sz 2418796899, 24197060520002 < �NOss Site Size H���S` 750 square feet m 5+sotHst D` AICUZ ZHS, 65-70 dB DNL; Sub-Area 3 �yEv t Watershed o P ASlaw 9 Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling, duplex/R-5R Residential (North End Overlay) 's Surrounding Land Uses and Zoning Districts North 55`h Street Single-family dwelling, duplexes/ R-5R Residential (North End Overlay) South 541h Street Single-family dwelling,duplexes/R-SR Residential (North End Overlay) East Ar. Single-family dwelling, duplexes/R-5R ?a Residential (North End Overlay) t% West - Single-family dwelling, duplexes/ R-511 Residential (North End Overlay) U& Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 1 Background SummaryofProposal • The applicants are seeking to close a portion of the alley between their properties. As shown on the submitted street closure exhibit,the proposal includes closure of a 750 square foot portion of the unimproved 15 foot alley way. • The owner of Lot 12, Unit A, has provided a written statement that she does not have an interest in this portion of the alley way.The closure area will be divided between the property owners of Lot 21 and Lot 12, Unit B. These property owners seek the additional land for future expansion of their residences and/or the installation of other improvements such as a pool or shed. i f j,R517( 1 ,R5R(�)t) , ` No Zoning History Available �R517fNE) F�SR(NE) R�R(W) SR(NE) R M Application Types CUP—Conditional Use Permit MCC—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 • • • A Viewers' meeting was held on August 25, 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 this application. The Viewers determined that the proposed closure will not result in any public inconvenience;therefore,the proposed closure is deemed acceptable. Similar requests have been reviewed and approved by the City Council for the closure of alleys within the Ubermeer neighborhood. Consistent with many of those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley in the event that the property is required in the future for drainage of public water. Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the right-of-way proposed for closure;therefore, an easement satisfactory to Dominion Virginia Power shall be provided. Additionally,the Applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed.There do not appear to be significant natural or cultural resources associated with the site. PublicOutreach Information Planning Commission • 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. Whitney W. Elliott, Matthew E. Mancoll &Robin A. Mancoll Agenda Item 1 Page 3 • 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31, 2023 and November 7, 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 30, 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 November 10, 2023. Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 4 Proposed Street ClosureExhibit NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2 A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 02%ANNUAL CHANCE FLOODPLAIN)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310063G, DATED JANUARY 16,2015. 4 TOTAL AREA OF PROPOSED STREET CLOSURE=750 SO.FT]0.W17 ACRES (MERIDIAN SOURC QUP ABAND�ED E MB.7.P.150) W 3 UP#H 34 >- 0LOT 20 LOT 11 w w w ow ® GPIN:24 8 79-7940 (D GPIN:2419-70-7004 0 3 oz BLOCK 11 (/]it BLOCK 11 o v <Q 3 BLOCK 11 LL UBERMEER Jm UBERMEER LO S 08'56'00"E (M.B 7, P. 150) E,j (M.B.7, P. 150) oo � o.. 15.00' a S 08°56'00"E 127.50' Z STAKE(S) S 08-56-00"E 127.50' 1 1 UNIT A z 7 5'w - LOT 21 w F UNIT B �w oz oo GPIN:2418-79-6899 00 o LOT 12 z GPIN:2419-70- w x W o v o So W LL N a LL o P PROPERTY OF o 0 o GPIN:2419 70�052 0 6052-0002 vo z LO° O v 8 PLAT OF 218 55TH STREET o�3 ao MATTHEW E.MANCOLL AND o 00 ACONDOMINIUM WOODEN z ROBIN A.MANCOLL Z (INST.#20170503000366140) 7.5' (INST.#20201009000956230) cn } 1 UP#HE4 a8'METAL FENCE ' N 08°56'00"W 127.50' UP ABANDONED PIN(F) 42•METALFENCE 127,50' 1 F STAKE(S) 0 W U^ PROPERTY OF x N 08°56'00"W o N 08°56'00"W �y/Ry cc��o,n WHITNEY W. ELLIOTT 15.00' Z = RFS�o LOT 22 C>~ (INST.#202103027263) LOT 13 W - WOODEN DECK GPIN:2418-79-6848 E Oa GPIN:2419-7D-6001 z FRAME SHED CONDOMINIUM PLAT OF W)W BLOCK 11 LEGEND UBERMEER 42 crwN 221 A&B 54TH STREET o n� (M.B.7,P.150) W� LINK FENCE (M.B.222,P. 1) o vco • PIN(F) PIN FOUND d O STAKE(S) STAKE SET a PIN(F) o >- GW GUY WIRE UTILITY POLE LOT 14 QW w '4� FRAME mil--UX N ENE G P IN:241 EI-70-5050 3LL Q�o� SHED GPIN: 8LOT�9�817 —/— OVERHEAD WIRES BLOCK 11 0- ELEC. ELECTRIC UBERMEER CONDOMINIUM PLAT OF ® CLOSED ONE-HALF PORTION - 3 223 8,225 54TH STREET TO LOT 21(375 SD.FT.) (M.B.7,P. 150) m CLOSED ONE-HALF PORTION m� o> (INST.#200502230028929) ® TO UNIT B,LOT 12(375 SO.FT) STREET CLOSURE EXHIBIT HOLLY AVENUE PORTION OF 15'ALLEY(A PUBLIC RAN) ( M ao'PUBLIC R 7,,P P.150) WAY) TO BE CLOSED ADJACENT TO P. R (UNIMPROVED OVED ROAD) LOTS 12 AND 21, BLOCK 11 UBERMEER (M.B.7,P.150) VIRGINIA BEACH,VIRGINIA FOR MATTHEW E. MANCOLL AND .Z1 ROBIN A. MANCOLL(LOT 21 -GPIN 2418-79-6899) 0 AND 09-20-2023 C;� WHITNEY W. ELLIOTT(LOT 12, UNIT B-GPIN 2419-70-6052-0002) 02-14-2023 SCALE:1"=40' FEBRUARY 14,2023 JEFFREY D. WILLIAMS REVISED SEPTEMBER 20,2023 ROUSE-SIRINE ASSOCIATES, LTD. Lic. No. 2.0� LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS-B-D' E Rey D.W I LLIA www.rouse-sirine.coni 4 333 OFFICE SQUARE VIRGIN1 B EACH,VIRGINIA 23462 LANE SUI1311 JAMESTOWNTE AD 9�U 103 S U V01 TEL.(757)190-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL,(757)903.4695 0 20 40 80 120 FEET J.O.#13800-23-069 ACAD:13800-23-069 UBERMEER,LOTS 12&21,BLOCK 11.dw9 GRAPHIC SCALE F.B.872,P.26 Whitney W. Elliott, Matthew E. Mancoll&Robin A. Mancoll Agenda Item I Page 5 Site Photos alp: r A w i 't' frU : ... �` ��•�i+��! 1� �u it '' - "' =�`�+�: - 5.' p l —Y� x _ f Site Photos g x� Agenda Item 1 Disclosure Disclosure Statement Planning&Community l elopment 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 Whitney W.Elliott Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business 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 , Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 8 Disclosure Disclosure Statement Planning&Commun' 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. MERS,Inc. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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. S. 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 Whitney W. Elliott, Matthew E. Mancoll &Robin A. Mancoll Agenda Item 1 Page 9 Disclosure Disclosure Statement VB c•r Nrm�•a.m FrUnning&Common" ikevclopmrnt 6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating of to be operated on the propetty�❑Yes 0 No • If yes,identity the company and individual providing the service 7 Does the applicant have an engineer/surveyor/agent m c onnechon with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identity the firm and individual providing the service. Jeffrey D.Williams,Rouse-Some Aswidates,Ltd. 8 Is the applicant recerving legal services in connection with the subject of the application or any business operating or to be operated on the property?N Yes ❑No • It 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,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,,ommicifee in connection with this application. Applican�1,g..Iur Whitney W.Elliott Print Name an Title Date Is the applicant also the owner of the subject property? N Yes ❑No • if yes,you do not need to fill out the owner disclosure statement msrr...ro,� ✓ _ e""r"•"• Hoa N Dac Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 10 Disclosure Disclosure Statement VID llrgcJ r�,�.Warn Planning&Community Development Owner Disclosure Owner Name The Linda Eaton Golding Amended and Restated Revocable Trust u/a/d April 22, 1992 Applicant Name Whitney W.Elliott 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) Linda Eaton Golding,Trustee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?13 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 entitles." see State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 5I Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 11 Disclosure Disclosure Statement 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 • i'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 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 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 E No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the company and individual providing the service. 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 M No • If yes,identify the firm and individual providing the service. Revised 11 09.2020 6 1 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 12 Disclosure Disclosure Statement 10 Punning&Community a DeviAmumt 8. Is the Owner receiving legal services in connection with the subject of the application or any business operatrng or to be operated on the property?❑Yes 0 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. The Linda Eaton Golding Amended and Restated Revocable I rust u/a/d April 22,l"2 Owner Signature Linda Eaton Golding,Trustee — Print Name artid le 1 1 j Date I Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 13 Disclosure Disclosure Statement Cay"f 1'vy,mn 14ad: Planning&Communih, Development 8VI .., 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 Matthew E.Mancoll&Robin A.Mancoll Does the applicant have a representative? 0 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 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 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 1I Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 Page 14 Disclosure Disclosure Statement t'uv of r'w�Wod 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 N 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. Mortgage Electronic Registration Systems,Inc.(Tidewater Home Funding,LLC);The Old Point National Bank of Phoebus 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?Cl 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 N No • If yes,identify the purchaser and purchaser's service providers. 21 Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 15 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 N 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?N Yes ❑No • If yes,identify the firm and individual providing the service. Jeffrey D.Williams,Rouse-Sirine Associates,Ltd. 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. //!��zlfex ll'*r -- )e4 �4? A plicant Signature Matthew E.Mancoll Robin A.Mancoll Print Name a d Title _ Date Is the applicant also the owner of the subject property? ®Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications ® No changes as of Date 2023.10,24 Slgnatwe ✓ _ Print Name Hoa N Dao 31 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Mancoll Agenda Item 1 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. Whitney W. Elliott, Matthew E. Mancoll& Robin A. Mancoll Agenda Item 1 Page 17 Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 1 Whitney W. Elliott, Matthew E. Mancoll & Robin A. Macoll RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Good afternoon. The first item on our consent agenda is item number one. The Whitney W. Elliott, Matthew Mancoll, and Robin Mancoll, the applicant representative is Mr. Bourdon. Mr. Bourdon: Thank you, Mr. Chairman, I represent the applicants on item number one and all the four conditions as recommended by staff are acceptable to the applicants. Mr. Horsley: Thank you, Mr. Bourdon. Is there any opposition to this item? Seeing none, I would ask Mr. Plumlee if he would read this in the record. Mr. Plumlee: Yes, this is a request to close a small parcel, an old street between these two residential properties. Both sides of the alleyway have made this request. There's been no objection and the commission deemed it appropriate for consent. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the right-of-way proposed for closure; therefore, an easement satisfactory to Dominion Virginia Power shall be provided. Additionally, the Applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the rights-of-way this approval shall be considered null and void. R5R(N E) R5R(NE), th 55th Street R5 R(N E) o 0 R5R(N�E) R5;R(N E) 540 Street R5R(NE,) N Site W E Property Polygons LOCATION MAP S Zoning Building Feet 01020 40 60 80 100 120 82 a e�ac B2 0 10 J o B2 B 1 A Q 0 o ,J Q R10 o B2 R10 Q 6TIO o0 R-10 N ® Site Evergreen Virginia, LLC W E Property Polygons 240 & 248 N. Lynnhaven Road & 2865 & Zoning s Building 2893 Virginia Beach Boulevard Feet 0 3060 120 180 240 300 360 AIA ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVERGREEN VIRGINIA, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Motor Vehicle Sales, Rentals, & Repairs) for the property located at 240 & 248 N. Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (GPINs 1497358365, 1497357774, 1497358684, & 1497356822). COUNCIL DISTRICT 3 MEETING DATE: November 14, 2023 ■ Background: The applicant is requesting to modify conditions associated with a Modification of Conditions application approved by the City Council in 2018. The 2018 approval replaced all the conditions associated with previous Conditional Use Permits for Motor Vehicle Sales, Rentals, & Repair approved in 1971 , 1987, 1989, & 1997. The site is zoned B-2 Community Business and is located in the Lynnhaven Strategic Growth Area (SGA). The proposed modifications to the conceptual site plan, landscape plan, and building elevations include: • demolition of the existing showroom and all the buildings on the western portion of the property, • construction of a new 31 ,490 sf showroom, • relocating the second entrance on Yorktown Avenue to the south. The existing entrance will be closed and replaced with additional landscaping, • addition of electrical vehicle charging stations around the property, • supplementing the existing landscape buffers, and • incorporating plazas at the corners of the site along Virginia Beach Boulevard where it intersects N. Lynnhaven Road and Yorktown Avenue. The proposed elevations depict an exterior fagade constructed with aluminum- coated steel and glass. The maximum height of the proposed building is 30 feet. A 12-foot-tall freestanding monument-style sign, designed to match the building, is proposed along Virginia Beach Boulevard. Parking is met on site, exceeding the minimum requirement by 18 spaces. ■ Considerations: In Staff's opinion, and the Planning Commission concurred, the proposal is acceptable. The proposal will contribute to the quality of the surrounding area by reducing a heavily developed site consisting of four buildings and other associated Evergreen Virginia, LLC Page 2of4 structures with a new showroom building that reflects the architectural recommendations of the Lynnhaven Strategic Growth Area (SGA) and the Special Area Development Guidelines for Urban Areas. More specifically, the proposed building design is more urban in nature, promotes a human-scale design, and provides transparency visible from the public rights-of-way. The overall vision for this area is to establish a pedestrian-friendly, walkable district that provides access to businesses from streets, bus stops, and sidewalks. Although the setbacks and building location do not fully align with the design guidelines for the SGA, the applicant has incorporated some of the recommendations, including pulling the building 13 feet closer to Virginia Beach Boulevard and 8 feet closer to Yorktown Avenue than what currently exists today, as well as additional landscaping and pedestrian elements along Virginia Beach Boulevard, including plazas and benches. The proposed building location coupled with the additional landscaping proposed along Virginia Beach Boulevard and Yorktown Avenue will result in a reduction in pavement width of 21 feet between the building and the Virginia Beach Boulevard right-of-way and 16 feet between the building and the Yorktown Avenue right-of-way. Overall, while the building placement does not align with the recommendations for the Lynnhaven SGA, the proposed placement is an improvement from what exists today. Furthermore, the design of the site incorporates other features of the SGA development guidelines, by ensuring a pedestrian-friendly environment with the addition of corner plazas with bench seating, crosswalks, and enhanced landscaping. 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 October 11, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 11 to 0. 1. The conditions of the 2018 Modification of Conditions for Motor Vehicle Sales, Rentals, and Repairs will be deleted and replaced with the conditions below. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT — CONCEPT PLAN", prepared by Kimley-Horn, dated September 18, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the conceptual landscape plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT — CONCEPT PLAN — Conceptual Landscape Plan", prepared by Kimley-Horn, dated September 18, 2023, which has been exhibited to the Virginia Beach City Evergreen Virginia, LLC Page 3 of 4 Council and is on file in the Department of Planning & Community Development. 4. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "NEW BUILDING FOR CHECKERED FLAG PORSCHE — 2865 VIRGINIA BEACH BOULEVARD —VIRGINIA BEACH, VA 23462, prepared by COVINGTON HENDRIX ANDERSON, dated August 16, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signage. 6. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of the service bays. 7. All automotive repair work shall be conducted inside the building. 8. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 9. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 10.No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11.No loud speakers, outdoor paging system, outdoor speaker system, or outdoor sound amplification system shall be permitted on site. 12.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13.Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. Evergreen Virginia, LLC Page 4 of 4 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 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager/. 4v 1 Applicant & Property Owner Evergreen Virginia, LLC Agenda Item Planning Commission PublicOctober1 CouncilCity City of Virginia Beach Request Modification of Conditions (Motor Vehicle Sales, Rentals& Repairs) Staff Recommendation �� -- Approval Staff Planner Marchelle Coleman Location -- f 240&248 N. Lynnhaven Road, 2865&2893 Virginia Beach Boulevard " GPINs '+ 1497358365, 1497357774, 1497358684,& 1497356822 W Site Size � � w W 2.96 acres DEAN DR AICUZ 'CNSOL LNO9�YP. 70-75 dB DNL �\ Watershed Chesapeake Bay Existing Land Use and Zoning District _ Motor Vehicle Sales/B-2 Community Business �;_, •,,,, ,� �, P- 1� Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard 1•1 „ y L rµw., 1 Shopping Center/B-2 Community Business South 2Z • Jew N. Lynnhaven Road Single-family dwellings/R-10 Residential ,.� *+" @ pb' ' •' ,f East Yorktown Avenue Shopping Center/B-2 Community Business West 'r'"+''�''0 c �1P N. Lynnhaven Road •' ' � '�F ��` +';: � � , 4, Auto Sales&Service,shopping center, single- �` oo ,ti �'= �,•w family dwellings/ B-2 Community Business, B- { ^; . , it �..•i.�Y✓.� 1 .► A 1 I.t. lA Limited Community Business, R-10 Residential Evergreen Virginia, LLC Agenda Item 7 Page 1 Background SummaryofProposal • The applicant seeks to amend conditions associated with a Modification of Conditions application approved by the City Council on April 17,2018.The modified conditions from the 2018 approval replaced all the conditions associated with the Conditional Use Permits granted in 1971, 1987, 1989, & 1997 for Motor Vehicle Sales, Rentals & Repair on these B-2 Community Business zoned parcels. • The 2.96-acre site,consisting of four parcels, is located in the Lynnhaven Strategic Growth Area (SGA)and is currently developed with four buildings and other structures. • The applicant is seeking to redevelop the site by modifying the conceptual site plan, landscape plan, and building elevations to: o demolish the existing showroom and all the buildings on the western portion of the property, o construct a new 31,490sf showroom, o shift the second entrance on Yorktown Avenue to the south. The existing entrance will be closed and replaced with additional landscaping, o add electrical vehicle charging stations around the property, o supplement the vegetative buffers already existing on the property, and o incorporate plazas at the corners of the site along Virginia Beach Boulevard where it intersects N. Lynnhaven Road and Yorktown Avenue. • The proposed building elevations depict an exterior facade to be constructed with aluminum-coated steel and glass. At the tallest point,the building will be 30 feet in height. • The conceptual site plan depicts a total of 119 parking spaces,of which 53 are designated for customer and employee parking and 66 are designated for display area spaces.As proposed,the parking provided on-site exceeds the requirements of the Zoning Ordinance by 18 spaces. • A 12-foot-tall freestanding monument sign is proposed along Virginia Beach Boulevard,thereby meeting the sign height requirements in the B-2 Community Business District. • The proposed hours of operation for Sales are 9:00 a.m.to 8:00 p.m., Monday through Friday, and 9:00 a.m.to 7:00 p.m. on Saturdays.Service and Parts hours of operations are 7:00 a.m.to 6:00 p.m., Monday through Friday. Evergreen Virginia, LLC Agenda Item 7 Page 2 Zoning History # Request 'sa ez 1 MDC Approved 04/17/2018 — s17 R CUP(Car Wash Facility)Approved 04/17/2018 CUP(Motor Vehicle Sales)Approved 07/09/1997 ---- ���� CUP(Motor Vehicles Sales)Approved 09/18/1989 _ CUP(Motor Vehicle Sales and Rental)Approved z s 12/14/1987 _ ---- REZ(CL-1 Limited Commercial to CG-1 General G?�oG7 �o fl Commercial)Approved 12/20/1971 1A ° CUP(Motor Vehicle Sales and Service)Approved O fo a` 12/20/1971 2 CUP(Automobile Repair Garage)Approved 05/16/2017 3 CRZ(B-2&R-10 to Conditional 13-1A)Approved 4 CUP(Church)Approved 06/23/1998 U Q' 5 CUP(Automobile Repair Establishment)Approved 10/14/1997 6 CUP(Fuel Station&Car Wash Facility)Approved 05/29/1990 7RE — ConditionaIUsePerm it Mof Conditions STC—Street Closure SVR—SubdivisionVariance Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation : Recommendation This request for a Modification of Conditions for Motor Vehicle Sales, Rentals& Repairs is, in Staffs opinion,acceptable. The proposal will contribute to the quality of the surrounding area by reducing a heavily developed site consisting of four buildings and other associated structures with a new showroom building that reflects the recommendations of the Lynnhaven Strategic Growth Area (SGA)and the Special Area Development Guidelines for Urban Area, adopted by reference, as part of the Comprehensive Plan's Reference Handbook. While the Lynnhaven SGA Master Plans calls for non-residential mixed-use,the site has been operating as an automobile dealership since the early 1970s and automobile related uses are deemed compatible with the surrounding area along this section of Virginia Beach Boulevard. The overall vision for this area is to establish a pedestrian friendly,walkable district that provides easy access to businesses from streets, bus stops,sidewalks,and adjacent structures. Given that the property is located along highly visible intersections,the elements of building design,site layout, pedestrian orientation, and landscaping were discussed at great length with the applicant. While the site layout does not align with all recommendations of the Lynnhaven SGA and the Special Area Development Guidelines for Urban Areas,the applicant worked with Staff to provide a layout that incorporates some of the recommendations of the SGA guidelines.The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks and building location, access and circulation, parking areas, landscaping, natural features,stormwater management as landscaping features, lighting,signs, and outdoor art. A summary of how the proposal addresses each Guideline is provided below. Setbacks and Building Location—This Guideline recommends buildings be located close to the street and if at a street intersection be placed at the corner with parking, loading, and service areas located away from the intersection. The site should be organized so that the building's frame reinforces pedestrian circulation, as pedestrians should be able to walk along building fronts rather than along or across parking lots and driveways. Evergreen Virginia, LLC Agenda Item 7 Page 3 Per Section 283 of the Zoning Ordinance, properties located within a Strategic Growth Area (SGA)can utilize reduced setbacks that allow for a front yard setback of 10 feet and a side yard setback of five feet.As depicted on the Conceptual Site Plan,the applicant did not utilize reduced setbacks. Due to operational constraints associated with the redevelopment of the property, namely that the applicant intends to operate out of one of the existing building's during construction,the applicant was limited in their ability to pull the building closer to the street. Although the proposed building placement does not align with the recommendations of the SGA guidelines,the applicant has pulled the proposed building approximately 13 feet closer to Virginia Beach Boulevard and eight feet closer to Yorktown Avenue compared to the existing buildings on the property today. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. Pedestrian pathways from the street to parking areas between buildings should ensure reasonably safe and uninterrupted access. Provide a visible crosswalk where pedestrian pathways cross an internal driveway or curb cut. The proposed site layout is designed to allow easy flow of pedestrian traffic to and from the site by means of sidewalks and crosswalks.To incorporate recommendations of the development guidelines,the applicant has added two corner plazas with landscaping and bench seating for pedestrians at both intersections along Virginia Beach Boulevard.A crosswalk from Virginia Beach Boulevard through the display area to the building has also been provided. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of a site. Off- street parking areas should be located behind buildings and should create an internal circulation network that minimizes or eliminates curb cuts. Landscaping for the parking areas should be strategically located to provide visual relief,shading of the lot, green areas, and screening while ensuring that sight lines are maintained. Since this is a car dealership, it is typical for display areas to be visible from the public right-of-way,which does not align with the recommendations of the SGA development guidelines.The applicant has provided customer and employee parking on the side and in the rear of the building. While display areas are visible from the public right-of-way, landscaping will provide some visual relief and shading.There is no elimination of curb cuts proposed on this site. Landscaping—This Guideline emphasizes the importance of quality landscaping on the built urban environment. The corners of significant street intersections, gateways, or site entries should be enhanced by special landscape treatments. The required street frontage, building foundation,and interior parking lot plantings on site are met,as required by the Zoning Ordinance.Section 5A.4 of the Site Plan Ordinance requires a minimum of 12 percent of the display area to be planted,which is also provided for the proposed development. Consistent with this guideline, special landscape treatments will be provided within the proposed corner plazas at both intersections along Virginia Beach Boulevard. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since the site is entirely impervious,there are no known natural features on this site that are proposed to be protected. Stormwater Management as Landscaping Features—This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities. Evergreen Virginia, LLC Agenda Item 7 Page 4 A stormwater management facility is not proposed on this site. Underground storage is proposed to address water quality and quantity on site. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare. Lighting for pedestrians should be provided from storefronts using either indirect illumination from the building or direct illumination under canopies or awnings. The proposed site is deemed to be consistent with the lighting Guidelines, as the lighting design is proposed to reduce glare and trespass on the property.All lighting will be deflected,shaded,and focused away from adjacent properties, as recommended in Condition 13. Signs—As indicated in this Guideline,signs should primarily serve to identify the name, street number and nature of a business. The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. All proposed signage appears to meet the intent of this Guideline with regard to color,theme and content. Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. At this time,the proposed Conceptual Layout Plan does not indicate any outdoor art for this site. In sum,while the setbacks and building location do not align with the recommendations of the Lynnhaven SGA or the Special Area Development Guidelines,the applicant has incorporated some of the recommendations by pulling the building closer to Virginia Beach Boulevard and Yorktown Avenue than what currently exists today.The proposed building location coupled with the additional landscaping proposed along Virginia Beach Boulevard and Yorktown Avenue will result in 21 feet of less pavement between the building and the right-of-way on Virginia Beach Boulevard and 16 feet of less pavement between the building and right-of-way on Yorktown Avenue.As mentioned previously, while all the recommendations have not been met,the applicant has incorporated features that provide a more pedestrian-friendly environment with the addition of corner plazas,crosswalks, and benches.Also, it is important to note that the building design meets the requirements of the SGA Guidelines, as it is more urban, promotes a human- scale design,and provides transparency visible from the public rights-of-way. As this site is located in the Chesapeake Bay Watershed, a preliminary stormwater analysis is not required prior to this item being reviewed by the Planning Commission and the City Council.According to the applicant, underground storage is proposed to address water quality and quantity on site. An in-depth review of the stormwater management strategy to ensure that it complies with all stormwater regulations and that no negative impacts will occur upstream and downstream as a result of this development will take place during the site plan review process. Based on these considerations,Staff recommends approval of this request with conditions noted below. Recommended Conditions 1. The conditions of the 2018 Modification of Conditions for a Motor Vehicle Sales, Rentals, and Repairs will be deleted and replaced with the conditions below. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT—CONCEPT PLAN", prepared by Kimley-Horn,dated September 18,2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. Evergreen Virginia, LLC Agenda Item 7 Page 5 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the conceptual landscape plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT—CONCEPT PLAN— Conceptual Landscape Plan", prepared by Kimley-Horn, dated September 18, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. The exterior of the building shall be in substantial conformance with the appearance,size,color,and materials shown on the submitted elevations entitled "NEW BUILDING FOR CHECKERED FLAG PORSCHE—2865 VIRGINIA BEACH BOULEVARD—VIRGINIA BEACH,VA 23462, prepared by COVINGTON HENDRIX ANDERSON,dated August 16, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 5. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signage. 6. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of the service bays. 7. All automotive repair work shall be conducted inside the building. 8. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 9. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 10. No vehicles shall be displayed on raised platforms,earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11. No loud speakers, outdoor paging system,outdoor speaker system or outdoor sound amplification system shall be permitted on site. 12. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners,strings of light bulbs,or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs,or electronic display signs on the site.There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 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. Evergreen Virginia, LLC Agenda Item 7 Page 6 Previous Conditions from 2018 MOD The conditions of the 1971, 1987, 1989, 1997 Conditional Use Permits for Motor Vehicle Sales and Repair will be deleted and replaced with the conditions below. 1. The development and landscape of the site shall substantially conform to the submitted layout entitled "Conceptual Site Plan Checkered Flag Building/Parking Lot Expansion 2865 Virginia Beach Blvd.Virginia Beach,Virginia" prepared by VHB, dated 12/22/2017 as depicted on page 6 of this report. Said site plan has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the"Prep Building Addition for Checkered Flag 2865 Virginia Beach Boulevard,Virginia Beach,VA 23452" prepared by Covington Hendrix Anderson, dated 01/02/2018 as depicted on page 7 of this report.Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. Vehicles shall not be displayed on platforms or in any method that elevates them above the parking lot surface. 4. All motor vehicle repairs and painting shall take place inside the building. 5. No outside storage of vehicles in a state of obvious disrepair, equipment, parts,or materials shall be permitted. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. No outside paging or amplified music system shall be permitted. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected,shaded, and focused away from nearby residential property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet.A photometric plan shall be submitted and approved prior to the approval of the site plan. 9. There shall be no decorative pennants, strings of light bulbs,spinners,feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 10. Use of the car wash facility by the general public shall not be permitted. ComprehensiveRecommendations The site is located within the non-residential mixed-use development area of the Lynnhaven Strategic Growth Area (SGA).The vision for this area is a range of non-residential uses consisting of office and supporting retail that includes existing uses, which over time can be better organized to support the urban character goals of the City's SGAs. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay watershed and outside of the Chesapeake Bay Resource Protection Area. There does not appear to be any significant cultural resources associated with the site. Evergreen Virginia, LLC Agenda Item 7 Page 7 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 32,900 ADT' 74,400 ADT 1(LOS 4"D") N. Lynnhaven Road 9,900 ADT' 12,600 ADT 1(LOS 4"D") Existing Land Use 2—651 ADT Proposed Land Use 3—877 ADT Yorktown Avenue 1,060 ADT1 9,900 ADT 1(LOS 4"W) 'Average Daily Trips Z as defined by a 23,400 square 3 as defined by a 31,490 square 4 LOS=Level of Service foot motor vehicle sales, foot motor vehicle sales,rentals rentals,and repair business and repair business Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this application, is considered an eight-lane divided major urban arterial. The existing infrastructure currently resides in a 155-foot right-of-way. The MTP proposes an eight-lane facility within a 190- foot right-of-way. N. Lynnhaven Road is a two-lane major collector roadway and Yorktown Avenue is a two-lane local commercial street. There are currently no roadway CIP projects programmed for this segment of Virginia Beach Boulevard, N. Lynnhaven Road or Yorktown Ave. ImpactsPublic Utility Water&Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31, 2023 and November 7, 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 30,2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.pov/city-council on November 10, 2023. Evergreen Virginia, LLC Agenda Item 7 Page 8 PORSCHE DEALERSHIP : S,.r„WE,,,L, r, REDEVELOPMENT - `"WDM I" `"° CONCEPT PLAN PREPARED FOR Snorrs �� :� CHECKERED FLAG • ,� 0 0 0 0 0 0 0 0 0 0 '�• VIRGINIA BEACH.VIRGINIA � r o0000000 ' 00 � 1 1 _ �• K >t2A1¢ O M O OO O ODIIM w cl / c :a.a ol ®m m. a oswe�truJ 'c u ouaa nwmw Muu "•, .. . o , O K o /� O 0000 ^O K 'r meMla r ° 0 I t I rulffftOM[ rnr�•n.z.nv.r.,,�s,.rir n O O WINO MDIIG� p ��[WR \ O w,M � � +W IMa./lmM1�,y Rnw�.Wu.W,fr I IIYIMIM�[gCq�M. / K r rwaaMo""Mo x ra2ana rtrwa r o WAR No PNM u.' m DATE r) 09/18/2023 IN FEET Kimley>»Horn AMC AY9J T&MG �• � Ne YWI SIIQT,Yff 1000,MROMA BEACH,VA 23.2 Q 1 ,OU' WWAX ]B1-IrYlE00 �• � rllp4[Y-HORN Cp/ ` a. .... y ;.s.aNe MxM, ...nr Mmn.r w..r.n n.m.t-nii....�•.MrM'... � rD 3 r r LD -�I n PORSCHE DEALERSHIP main „mrutw„w AN REDEVELOPMENT— man"VmN 11wnf ua r +" '" ��"' CONCEPT PLAN 0151" 'r PREPARED FOR TnVL,W.�PLAZA AMA �I, Z° CHECKERED FLAG • x.P=�� „� VIRGINIA BEACH,VIRGINIA j !— ®• g CONCEPTUAL LANDSCAPE ` PLAN A �e fool"W"M"' • y 1OlMlld OOMI 71mi / /1 _ _. ; ..n.-...,, ., ' EOSOIO•RIM• MO PM2s AIM Dif1M � �11M LllaE� c gym+ .21M M ORAP 5 t10 4C IN FEET ,e ♦ \ ..,i D T3 100 m DALE < (D D9/1E/2023 00 D fD Kimley>>)Horn DQ � (D < W.11WLY�I�N AN �ss'aDARS W. = — aW MNI SI .R IM v A EAa.VA]JMz Q OU Hole 757-2'>SW ■�Ri•xcr�anr.cow o -1i n Proposed Building Elevations n C9'KZ VA'HOV39 Vft4O41A'0MVA31nOB HOV38 VNIOSA 99OZ 9H::)SNOd DVIJ (39N:J Z)9HZ) ?. a0!`JH1011M M3N t. 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Dealer Name:Routed Face Incised&ln/illed In Porsche Crest with 3/16"Thick White Acrylic#2447 281/4°x 361/4'(both sides) .•. with Perforated Black Virty13M 3635-222 Applied to First Surface , 4m m MSX Black ACM RAI 9011(End Panels) '-ttt9 725--t2 4mm MSX Silver Metalic ACM Base Cover(RAL 9006) 2$to U-W a 310' Bocklighting with LED in a light cartridge,Color of fight 5000 K R 75'.222am1 26'chid Ly ".a.n.d: Qty. 1 � a k � e 7� Other w q T= Ykeini"Eweh .btbtlrae— MII.tnlabtW.dith Yutlq YOupe•Nca.btW b4«tle1d..Y.a MM fe bpwtl.luaaN•aiiquad. Application: Y ryta a_..e.rhan•ok w i..b.s.•rnVd.ra Fo dealerships,located In front of ar•uYM painn cur dealership near main roadway,perpendicular to traffic flow.ruse as amain ID for P01A h.emnsrdby_+b.an uml e.aiaoea.d bales« bpn+ao¢_IDtaPmdeba Specifications: pftdb. nebhp. Fabricated aluminum sign cabinet with Internal support.Dealer- Scale:3/9"=1'-0" Side View m ship name is stencil cut and backed with'black&white'acrylic Paradie < Porsche crest&dealership name are iilumi nated with LED 5. F.1 Yuji.,,.6aadi 5 Virginia Beach Bled Ororo ', Vk6ola Beach,VA, ra USA,23452 00 `D �, Pattison Sign Group 537wSu taill,Sute7ozina.aleT",37aa7 n;i � �: Ifdl Freel lafi6b�.11711ffeQ 1BAa59d.1I6 a :'•..ve...n�+rgp._�esiere. ro < Powering Your Brand sues pao So r pprp_7u wr7ws a.. Mpwe..pmNe•mhM.rN•.eruaw sa mm SG2 oci 1L M �• rD r N � r A V C1 03 Plamrq Rood; s Waste Collection Station Parts Return Structure (Quarantine Space) e r 4.r . I, Y F 11, ff�r11 � Ponet at t -Pmt?y 4r rC oxfr wart,.i•=,mrrR,t-r. .• !c-ctH:orrr<:-r.•f�tr!-x'px•i•polrprr A PIN IN�r.. Plenrinq Criteria f7 fAi" t 41;r:dwk,.10"J'C 1:43 Lsa:k.:wsa:s+o;yra tm:7orl a Liisa.b aee�lb'LrDw digai'Yde b.Fb'nq > f>t'rRi 7:.N.^,w tl hLe('rtMT_tC11 s•rtr"Mi. P,^�rOC MI'flf;DYF:re,rdeT ntflT DmJMI (7N.'1I77i ::ardat-r.o-q�:rr lD.SM crem:rc'n:^tla It S.II.ok"t.M MLY rarc ee c!.Mrc:x'sw44oii.ules DntN..o'..u�.�e u:^':1 ad Ndli n ao^.1.ercc -fire^Mp trr o:u:.kMrn ulr.Aalw tvlt r lmw Kl.hme.nlfa r<u lri rimtelc nN" fl tte lb.taC derDa-mu fn..ldseY lG C'�f 4s'rtt aP'nvasa a4tY:eIC1'qv. Pgacto aga'ltwjwI:1 W■fb NOl.CJ1-MAC dl' .� rG_ryrr:•,aMl:yrt'r TYII a'nn _.':r•t11ptC!r 9-dMro're t.:berp^f:.f,>I f.:T-MfJTI ar 14:ep m Farm•ed o N h cmd III,=wtil rodeo enc mur.craro•ce•.dIbS Nre tia Yr.;.r re-d.Mt.v,r r:;!si.3s9tlm;:n-f, -Yid1MMtln,^rs;�p.nr.MDaarr c �rf f�obe'ma,olas e..IT:rri pfR rir.10 a 1, I,seesm Aj.It'Amta me sllWuea efrnNJe M tbrWe f�,3-80 Cn MetwealI ® ryaem,i.w swm F saa!M.rari't:..r:n.rcry!nrwR+-a:•r Stu 3mel i�p_Mia's�eqy:rq a„.r.•aev^'9 M39..alenl+t,li r •as;earycror Punrnt et:. „errca,r� ��a�man, m WrrtP (fa Pllftle,1'Y UWO bemnm) < xMara -(L.,a;.crsI..f4z ad N ytY-le b•ilalarcm—I,A.:- +.rrar ((D ® ler M71j ikr a a:Y ID ses txMi-d f10 r m:t'krt h'CL'9 1 fD D (M fD < I I 1 1 Lz f7o (D LL• 106 M N � r- 1--a � r— Ln v n t� _tip Site Photos i - rt ,ENESIS ` i y t Evergreen Virginia, LLC Agenda Item 7 Page 16 Site Photos a ills °Rs - w :-a Y CPiiCKKttr■ �±aeCatK L i Evergreen Virginia, LLC Agenda Item 7 Page 17 Disclosure Disclosure Statement ni g&Commun' elo men 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 EVERGREEN VIRGINIA,LLC Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. KYLE D.KORTE&BILLY GARRINGTON 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) WINNER'S PROPERTIES,LLC,MEMBER OF EVERGREEN VIRGINIA,LLC MEMBERS OF WINNERS PROPERTIES,LLC:STEPHEN M.SNYDER,BENJAMIN M.SNYDER,WILLIAM E.SNYDER • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) SEE ATTACHED EXHIBIT"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§2.2-3101. Revised 11.09.2020 11 P a g e Evergreen Virginia, LLC Agenda Item 7 Page 18 Disclosure Disclosure Statement ID VID 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? N/A 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. TOWNEBANK 2. Does the applicant have areal estate broker/agent/reahor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. N/A 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes i No • If yes,identify the firm and individual providing the service. N/A 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. COVINGTON HENDRIX,JERRY SMITH S. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No a If yes,identify the purchaser and purchaser's service providers. N/A Revised 11.09.2020 2 1 P a g e Evergreen Virginia, LLC Agenda Item 7 Page 19 Disclosure Disclosure StatemMIL j'lcitinln� �Ui111iltRilt Dec e3vpmel �- 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property? I Yes ®No • If yes,identify the company and individual providing the service. Nlva 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?N Yes ❑ No • If yes,identify the firm and individual providing the service. CIVIL ENGINEERING AND CONSTRUCTION SERVICES,ROBERT SAWYER;KIMLEY-HORN,DAVID DALLMAN 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?M Yes ❑No • If yes,identify the firm and individual providing the service. WOLCOTT RIVERS P.C.,KYLE D.KORTE 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 S�•P70�i!./� �h y�.er Print Name and Title '7-2$-So23 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 CITY USE ONLY/All that pertains to the applications ® NeWq®od °"° 10/24/2023 sa°oeur. .l�iG.•�- '""t"""° Marchelle L. Coleman Revised 11,09.2020 3 1 P Evergreen Virginia, LLC Agenda Item 7 Page 20 Disclosure Statement Exhibit A List of Winner's Properties,LLC Affiliated Entities • CHECKERED FLAG MOTOR CAR COMPANY,INC. • CHECKERED FLAG STORE#1,L.L.C. • CHECKERED FLAG STORE#2,L.L.C. • CHECKERED FLAG STORE#3,L.L.C. • CHECKERED FLAG STORE#4,L.L.C. • CHECKERED FLAG STORE#5,L.L.C. • CHECKERED FLAG STORE#6,L.L.C. • CHECKERED FLAG STORE#8,L.L.C. • CHECKERED FLAG STORE#9,L.L.C. • CHECKERED FLAG STORE#10,L.L.C. • CHECKERED FLAG STORE#11,L.L.C. • CHECKERED FLAG STORE#12,L.L.C. • EVERGREEN VIRGINIA,LLC • CHECK LEASE,LLC • CAVALIER PROPERTY,LLC • PATRICK HENRY PROPERTY,LLC • CENTRAL DRIVE PROPERTY,LLC • 1801 VB BLVD,LLC • 2697 DEAN DRIVE,LLC • 4525 SOUTH BLVD,LLC • 4560 SOUTH BOULEVARD,LLC As of 0411912023 Evergreen Virginia, LLC Agenda Item 7 Page 21 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Evergreen Virginia, LLC Agenda Item 7 Page 22 Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 7 Evergreen Virginia, LLC RECOMMENDED FOR APPROVAL Madam Clerk: Item number seven is Evergreen Virginia, LLC. It's an application for modification of conditions at 240 and 248 North Lynnhaven Road and 2865 and 2893 Virginia Beach Boulevard in District three. Mr. Alcaraz: All four against please come forward. Mr. Garrington: Thank you, Mr. Chairman, ladies and gentlemen of the Planning Commission. For the record, Billy Garrington here on behalf of the applicant. Applicant in this case is Evergreen Virginia property known as 240, 248 North Lynnhaven Road. It's most of you all know if you've been out to the site, Evergreen Virginia is checkered flag motor company, you know, their stores, you know, their locations in Virginia Beach, the one that we have in front of you today. Now is the one that has been developed as a car lot since back in the early seventies that's many years before there was ever a Lynnhaven strategic growth area overlay. This property has been operating with three car dealerships upon it. Thanks to some of your hard work. Two of those car dealerships are now going away. Jaguar went down to Virginia Beach Boulevard and North Kings Grant Road. Audi, which is still there now, is going to Virginia Beach Boulevard and Nelms Lane, both of which that you helped us get approved. So, the request that you have in front of you today is to take this lot and redevelop it for only the Porsche dealership. So, the Porsche will have their own location. They won't be sharing it with Jaguar and Audi any longer. In the staff write up that you have in front of you, we have worked significantly with Marchelle and Marchelle has been a pleasure to work with. There are 13 conditions that are in the staff write up and I wish we could tell you that we were in agreement with all of those and we could just go home, but we can't. But we are in total agreement with her conditions and we thank her for working with us on this. But when we got here this morning and heard some of the talk in the informal session, there are some of the board members who have some concerns about the way the plan is laid out. This isn't just something that we willy-nilly came together and presented to you. There's been a lot of people and a lot of eyeballs that have been on this plan from the people at Kimley-Horn, the engineer working on it from the people at Covington Hendricks, the architects who are designing the building for us. The people from Porsche Motor Company in Germany have had significant input as to how the building is laid out. And then lastly, but not least, is Steve Snyder. Mr. Snyder has been in the car business for 50 some years. They know when it comes to laying out a car lot, what works and what doesn't work as far as traffic flows. Customers, display area, getting people in and getting people out of the building and especially when it comes to service department because that's where your daily traffic comes from on a car dealership like this every day. So, that plan that you have in front of you that several people have looked at that and this is what they want to try and come up with. We feel that this plan is much better than the plan that's there now post construction because you're going to have significant landscaping on the property interior and around the perimeter that you don't have now and as part of the Lynnhaven strategic growth area to make it pedestrian friendly, you've got those two pedestrian areas that are going to be put out on the outer edges of the property with landscaping benches, sidewalks and all that that run up and down Virginia Beach Boulevard. So, we have tried the best we can to come up with a plan that your staff could come up with and recommend for approval, which they have and that you could recommend and submit to the City Council for approval also. And we think we have that, but I don't think everybody is in agreement with that because there are 13 additional parking spaces on this site over and above the very minimum that you have to have. But again, you never know, you could have 200 extra cars come in one month and the next month you could have none come in. So only being 13 over the maximum, the minimum number of car of parking spaces that are required seems pretty reasonable to me. And lastly, Ms. Byler, we spoke with you this morning about those 18 spaces in front of the dealership, my point is this that area is going to be used for customer parking and employee parking, especially when it comes to customer parking, especially when we're talking about handicapped spaces. If you put those handicapped spaces beside the building or around where the service entrances, now you're compelling people in a wheelchair to have to circumnavigate around the building to get into the front of the building where the showroom is. So, the way it's played out, we would like to have it approved like that, but that's just our wish. You have the final say on that. But again, we think that is a good layout for this property and that's why we're bringing it forward to you today. Mr. Alcaraz: Ms. Byler, you got the final say. Ms. Byler: No, definitely not. I'm merely one vote here. First off, thank you and I certainly applaud the Snyder family for everything they do for Hampton Roads. I've bought more cars than I can count from them and not just cars, but they're wonderful members of the community and their locations are always first class. But when we put in place, when the city put in place the Lynnhaven SGA, I get it. It's an aspiration, but how do we ever get there if we don't take steps? So, the recommendations of the staff are to not require that checkered flag or evergreen. I'm sorry, whatever it is. Move the building up, which is huge. I mean, it's a huge concession on behalf of the city's recommendation. My problem is that that area up front should be green space or beautification or something which is the spirit of the SGA requirement. That between the building and the road, there should not be parking. I mean, if it's easier for you, just move the building up, then we don't have to have this discussion and you can put those extra parking places in the back, but putting those parking places up front, just screams car dealer instead of. This is a nice area to walk, why don't you walk by here, and we're creating a sense of community, which I think is what the SGA is trying to do. I don't know where the entrances to the showrooms are, but in most of your other locations, the entrances are on the side, they're not in the front. So, when you say you need those to be handicapped, I don't know that those up front are the closest to the actual entrance anyway. But I feel sure that there is room for handicapped spots near an entrance without having it up front. So, it's just my two cents. Thank you. Mr. Garrington: I'm not arguing with you. We've been just agreeing to disagree with you and if this was a vacant site that we were just coming forward with, I would agree with you 100%. But this is redevelopment for something that's been there for almost 53 years. So again, we can just agree to disagree. You got anything. Mr. Alcaraz: Hold on. Mr. Plumlee, you said you might want to have from the informal. Mr. Plumlee: Yeah, I wanted to give an applicant to have a chance to address exactly what Ms. Byler was bringing up at the informal that we were, you know, rushing to make decisions without hearing this. I mean, I certainly take into consideration the SGA but as property rights of property rights, these are pre-existing. I'm not sure how you'd sell the cars if you don't have them parked out front or display, which makes the SGA somewhat in conflict with this existing use and I take it, Mr. Garrington, you're saying you've made all the concessions that the applicant is able to make with the direction from the corporate out of Porsche and Germany and other input that this is what, this is as much compromise that can be made. Is that what is that? Mr. Garrington: It's correct. And again, with the additional landscaping, we think we're going to have a much better product post construction than you've got there now, not to mention the economic impact of it, which economics never gets mentioned in this process. But economics plays a big part of it. You're looking at about a 6.5 to 7 million dollar investment in a piece of property that they've been operating since the 1970s. That's huge. Mr. Alcaraz: Thank you. All right. Thanks. Anybody else? Mr Coston. Mr. Garrington: I thank you for your time and I know you all have had a tough day today. Mr. Coston: Yeah. Well, I appreciate that you've already moved the building 13 feet and I think I can live with where you are. There's not a whole bunch of traffic or homely feel on Virginia Beach Boulevard, where it's 45 miles an hour. I've responded to calls in that area for years and just the few people I see walking because they have to walk. Mr. Garrington: Thank you very much. Mr. Alcaraz: Thank you. Any other questions? All right, we'll close it. Any discussions? Any motions? Mr. Coston, go ahead. Mr. Coston: I move that we approve this agenda. Mr. Alcaraz: All right, I have a motion from Mr. Coston to approve, and seconded by Mr. Horsley. Madam Clerk: The vote is now open. By a vote of 11 to 0, item number seven has been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The conditions of the 2018 Modification of Conditions for a Motor Vehicle Sales, Rentals, and Repairs will be deleted and replaced with the conditions below. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT—CONCEPT PLAN", prepared by Kimley-Horn, dated September 18, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the conceptual landscape plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT—CONCEPT PLAN — Conceptual Landscape Plan", prepared by Kimley-Horn, dated September 18, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "NEW BUILDING FOR CHECKERED FLAG PORSCHE —2865 VIRGINIA BEACH BOULEVARD—VIRGINIA BEACH, VA 23462, prepared by COVINGTON HENDRIX ANDERSON, dated August 16, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signage. 6. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of the service bays. 7. All automotive repair work shall be conducted inside the building. 8. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 9. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 10. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11. No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound amplification system shall be permitted on site. 12. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 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. `32 _ _Al2 .Wesley ~-� Y_an rive Par Al2 e p � soma 1 o B2 A-1:2 �cn r � a QQQQQQ P 1 - ----P 1 A18 PD/H2(Al2) A36 Al=2 A�1►2 QQ R<10Al2 Al2 N ® Site - , Burnette Baum Development Corporation W li Property Polygons 5453 Wesleyan Drive S Zoning Building Feet 037.575 150 225 300 375 450 (u 4�. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BURNETTE BAUM DEVELOPMENT CORPORATION [Applicant] RVB 3, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning and Conditional Use Permit (Car Wash Facility) for the property located at 5453 Wesleyan Drive (GPIN 1468447741). COUNCIL DISTRICT 4 MEETING DATE: November 14, 2023 ■ Background: The applicant is requesting a Modification of Proffers and a Conditional Use Permit to redevelop an outparcel of the Wesleyan Commons Shopping Center with a new 2,200 square-foot Car Wash Facility. The outparcel is zoned Conditional B-2 Community Business and was most recently the location of a Sonic restaurant. The 1998 proffer agreement has 12 proffers that relate to the development of the shopping center and its outparcels. The current request will modify the following original proffers specifically as they relate to the development of Parcel A-2. Parcel 4(b) prohibits car wash facilities in the shopping center. This proffer and three others related to the design and development of lots in the shopping center are proposed to be modified for this redevelopment project. The proposed Car Wash Facility will be a single-bay automated facility with two pay lanes located on the east side of the building. The building will have a simple rectangular footprint with a rectangular tower element on the primary elevation. The building will be clad with red brick to match the material palette of the established shopping center. ■ Considerations: The Comprehensive Plan identifies this area of the city as being in the Suburban Area, for which it recommends the development of non-residential uses that are compatible with and supportive of residential development. Increasingly, Car Wash Facilities and Automobile Service Stations are being located in anchor neighborhood shopping centers. This trend suggests that these are desirable uses for residents and are of the type of compatible non-residential uses recommended for the Suburban Area. The proposed building and site layout, which are proffered as part of the requested modification, are consistent and compatible with the overall design of the Wesleyan Commons Shopping Center, including materials and color palette. The planned vehicular flow through the site and car wash tunnel will not divert customer Burnette Baum Development Corporation Page 2 of 4 traffic into the residential area; traffic will flow around the existing building and back out onto Wesleyan Drive. 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 October 11, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffer 1: Proffer numbered 1 in the 1998 Proffers is hereby amended to reflect that Parcel A-2 as depicted on the "Site Plan" as therein referenced was subdivided into Parcel A-2A and Parcel A-213 by a subdivision plat recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070510000638170 and development of Parcel A-2A shall be permitted independently of Parcel A-213. Proffer 2: Proffered Subsection (b) of proffer numbered 4 in the 1998 Proffers is hereby deleted and replaced with the following: b. The uses permitted on Parcel A-2A shall be limited to medical/office, office, financial institutions, freestanding restaurants, with or without a drive through, retail, or an automated car wash. Proffer 3: Proffers numbered 5 and 8 in the 1998 Proffers are deleted with respect to the Property (i.e. Parcel A-2A) and replaced with the following: The architectural design, exterior building materials and colors of the principal structure and vacuum sets on Parcel A-2A shall be substantially as depicted on the three (3) page exhibit entitled "RENDERINGS OF COOL WAVE CAR WASH AT WESLEYAN COMMONS FOR BURNETTE/BAUM" dated August 25, 2023, prepared by Bobby Willis, which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development of the City of Virginia Beach (the "Renderings"). P roffe r 4: Proffer number 7 in the 1998 Proffers is deleted solely with respect to the Property. Proffer 5: The 2022 Proffers are hereby deleted in their entirety and superseded by the proffered conditions contained herein. Proffer 6: Burnette Baum Development Corporation Page 3 of 4 Except as modified or deleted herein, the remaining unchanged proffered covenants, restrictions and conditions applicable to Parcel A-2A, as set forth in the 1998 Proffers, are hereby ratified and affirmed. Recommended Conditions: 1. The site shall be developed in substantial conformance with the submitted site plan entitled "5453 Wesleyan Drive Car Wash—Virginia Beach, VA Conceptual Development Plan," dated July 25, 2023, prepared by Timmons Group, and "5453 Wesleyan Drive Car Wash —Virginia Beach, VA Conceptual Landscape Plan," dated July 25, 2023, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The car wash building shall be constructed in substantial conformance with the elevations "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-Y dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 3. Vacuum units and shrouds shall be silver in color as depicted in the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-Y dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. The units and shrouds shall, in total, not exceed six feet in height. 4. Vacuums shall be single turbine, not central turbine. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. Burnette Baum Development Corporation Page 4 of 4 8. Pay station signage shall be constructed in substantial conformance with the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023 and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11.Prior to final site plan approval, a Landscaping Plan shall be approved by the Department of Planning and Community Development. 12.All outdoor lights shall have static lighting and shall be natural hues (e.g., white light). 13.The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 8.00 p.m., daily between May and September and shall be 7:30 a.m. to 7:30 p.m. daily between November and April. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning Department City Manager:A0 Applicant Items BurnetteBaumDevelopment Corporation Agenda Planning CommissionPublic Hearing October c,w o// City Council District 4 Virginia Beach Requests #9- Modification of Proffers #10- Conditional Use Permit (Car Wash Facility) b l Staff Recommendation Approval a Staff Planner A Elizabeth Nowak Location • ,ter„ —L 5453 Wesleyan Drive ` GPIN 1468447741 �cr+n►u�A Site Size 25,205 square feet AICUZ + Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District z Vacant commercial building/B-2 Community s Business Surrounding Land Uses and Zoning Districts North Shopping center,townhomes/B-2 Community # c - . ftsut N Business,A-12 Apartment � ` We , °R t �r South Y Shopping center,senior housing/ B-2 Community Business,A-36 Apartment 1 ►; East c Undeveloped lot /B-2 Community Business West 3 • Shopping center/ B-2 Community Business P•',„ - ' ', . ", �.• '� Burnette Baum Development Corporation Agenda Items 9& 10 Page 1 Background & Summary of • • • • The applicant is requesting a Modification of Proffers and a Conditional Use Permit to redevelop an outparcel of the Wesleyan Commons Shopping Center with a new 2,200 square-foot Car Wash Facility.The outparcel is zoned Conditional B-2 Community Business and was most recently the location of a Sonic restaurant. • This outparcel is subject to proffers from a 1998 Conditional Rezoning associated with the initial development of the Wesleyan Commons Shopping Center and a 2022 Modification of Proffers that accompanied a proposal to redevelop this site into a Little Caesar's restaurant.At present,the applicant is requesting to modify the proffers related to the conceptual site layout and landscaping plan for 5453 Wesleyan Drive (identified in the proffer agreement as Parcel A-2),as well as those relating to permitted uses and architectural design of development on Parcel A-2,to allow the applicant to redevelop this site with a Car Wash Facility. • The 1998 proffer agreement has 12 proffers that relate to the development of the shopping center and its outparcels.The current request will modify the following original proffers specifically as they relate to development of Parcel A-2. o Proffer 1: update to reflect a new site layout for Parcel A-2 o Proffer 2: update to depict a new landscape plan for Parcel A-2 o Proffer 4(b): revision to the list of proffered uses to include car wash facilities o Proffers 7 and 8: revision to the previously proffered architectural design of buildings associated with development on Parcel A-2 to now be in substantial conformance with exhibited elevations for the Cool Wave Car Wash and to remove language that required a triangular roof feature on the principal structure on Parcel A(i.e.,the Food Lion building) • The proposed Car Wash Facility will be a single-bay automated facility with two pay lanes located on the east side of the building.The car wash tunnel entrance will be oriented towards Wesleyan Drive. Customers will enter the site from the interior of Wesleyan Commons Shopping Center and will move around to the north elevation of the facility before exiting out the rear of the building back into the shopping center. • The building will have a simple rectangular footprint with a rectangular tower element on the primary elevation.The building will be clad with red brick to match the material palette of the established shopping center. White Dryvit Modulite panels will be used to accent the building's design, in keeping with the shopping center's red brick and neutral palette. • The building will have two wall signs, as shown in the renderings on pages 13 and 14 below. Additionally,the applicant will reuse the location and brick base of a former monument style sign, as indicated on the concept landscape plan. • 8 vacuum stations will be provided on site.The vacuum stations will be no taller than six feet in height and have hoses that extend directly from the fixture rather than from overhead canopies.The vacuum unit is shielded by a metal shroud that encircles the mechanics. Pay stations and trash receptacles will be located adjacent to each vacuum unit. While vacuum use will be included with the purchase of a car wash,other use of the vacuums will be paid, not offered as free use.Three parking spaces, per Section 228.1,are provided on site. • A dumpster will be located near the southeast corner of the car wash facility and will be screened with the required landscape plantings and minimum six-foot tall opaque fence. • The proposed hours of operation will be typically from 7:30 a.m.to 7:00 p.m. daily;the hours are proposed to be longer during the summer months to coincide with sunset and will be from 7:30 a.m. until 8:00 p.m..The business will employ five full-time employees with two to three employees working per shift. Burnette Baum Development Corporation Agenda Items 9& 10 Page 2 z Zoning History o _ # Request 1 MDP Approved 05/17/2022 2 CUP(Senior Housing)Approved 02/28/2006 3 CRZ(B-2 to A-36)Approved 02/28/2006 CUP(Senior Housing)Approved 02/28/2006 -,_ CRZ(R-10 to Conditional B-2)Approved 02/26/1999 CUP(Assisted Living Facility)Approved 01/26/1999 'T 4 CRZ(R-10 to Conditional B-2)Approved 02/26/1999 5 REZ(B-2 to Conditional A-12)Approved 06/27/1995 a SVR 06/27/1995 6 CUP(Automobile Service Station)Approved 04/24/1994 A36 A3e Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental EvaluationRecommendation In Staff's opinion,this dual request for a Conditional Use Permit and a Modification of Proffers to develop a Car Wash Facility at the Wesleyan Commons Shopping Center is acceptable.The Comprehensive Plan identifies this area of the city as being in the Suburban Area,for which it recommends the development of non-residential uses that are compatible with and supportive of residential development. Increasingly,Car Wash Facilities and Automobile Service Stations are being located in anchor neighborhood shopping centers.This trend suggests that these are desirable uses for residents and, in Staff's opinion, are of the type of compatible non-residential uses recommended for the Suburban Area. In this instance,the Wesleyan Commons Shopping Center is near well-established residential neighborhoods and is located on a well-traveled and busy thoroughfare,essentially a commercial edge, and is an appropriate location for an auto-centric use like a car wash. One of the primary goals of the original 1998 proffers was to ensure that the shopping center would be developed with a consistent design intent.The proposed building and site layout—which are proffered as part of the requested modification—are consistent and compatible with the overall design of the Wesleyan Commons Shopping Center, including materials and color palette. In Staff's opinion,the deletion of the proffer requiring roofs on outparcels to incorporate a gable element is acceptable as it enables contemporary design to be brought to the shopping center without detracting from the primary building.The layout of the site has symmetry with the parking lot area on the opposite side of the entrance/exit aisle to the site and the selected vacuum stations have a relatively low profile and will be softened by the proposed plantings along the west edge of the parking area. Staff does note that a senior living community and apartments are located behind the Wesleyan Shopping Center and are accessed by an easement through the shopping center.The planned vehicular flow through the site and car wash tunnel will not divert customer traffic into the residential area;traffic will flow around the existing building and back out onto Wesleyan Drive. For these reasons,Staff recommends approval of these requests subject to the conditions, proffers, and exhibits below: Burnette Baum Development Corporation Agenda Items 9& 10 Page 3 Recommended Conditions for the Conditional Use Permit 1. The site shall be developed in substantial conformance with the submitted site plan entitled "5453 Wesleyan Drive Car Wash—Virginia Beach,VA Conceptual Development Plan," dated July 25, 2023, prepared by Timmons Group, and "5453 Wesleyan Drive Car Wash—Virginia Beach,VA Conceptual Landscape Plan,"dated July 25, 2023, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The car wash building shall be constructed in substantial conformance with the elevations"Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning& Community Development. 3. Vacuum units and shrouds shall be silver in color as depicted in the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning& Community Development.The units and shrouds shall, in total, not exceed six feet in height. 4. Vacuums shall be single turbine, not central turbine. 5. No window or outdoor advertising banners, pennants,streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance.Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material.There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees,or fences,or in an unauthorized manner to walls or other signs. 8. Pay station signage shall be constructed in substantial conformance with the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023 and prepared by Bobby Willis,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning& Community Development. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Prior to final site plan approval,a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended,shall be approved by the Department of Planning and Community Development. 11. Prior to final site plan approval,a Landscaping Plan shall be approved by the Department of Planning and Community Development. 12. All outdoor lights shall have static lighting and shall be natural hues (e.g.,white light). 13. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m.to 8:00 p.m., daily between May and September and shall be 7:30 a.m. to 7:30 p.m. daily between November and April. Burnette Baum Development Corporation Agenda Items 9& 10 Page 4 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. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 1 in the 1998 Proffers is hereby amended to reflect that Parcel A-2 as depicted on the "Site Plan" as therein referenced was subdivided into Parcel A-2A and Parcel A-213 by a subdivision plat recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20070510000638170 and development of Parcel A-2A shall be permitted independently of Parcel A-213. Proffer 2: Proffered Subsection (b) of proffer numbered 4 in the 1998 Proffers is hereby deleted and replaced with the following: b. The uses permitted on Parcel A-2A shall be limited to medical/office, office,financial institutions,freestanding restaurants,with or without a drive through, retail,or an automated car wash. Proffer 3: Proffers numbered S and 8 in the 1998 Proffers are deleted with respect to the Property (i.e. Parcel A-2A) and replaced with the following: The architectural design, exterior building materials and colors of the principal structure and vacuum sets on Parcel A-2A shall be substantially as depicted on the three (3) page exhibit entitled "RENDERINGS OF COOL WAVE CAR WASH AT WESLEYAN COMMONS FOR BURNETTE/BAUM" dated August 25,2023, prepared by Bobby Willis,which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development of the City of Virginia Beach (the"Renderings"). Proffer 4: Proffer number 7 in the 1998 Proffers is deleted solely with respect to the Property. Proffer 5: The 2022 Proffers are hereby deleted in their entirety and superseded by the proffered conditions contained herein. Proffer 6: Except as modified or deleted herein,the remaining unchanged proffered covenants, restrictions and conditions applicable to Parcel A-2A,as set forth in the 1998 Proffers, are hereby ratified and affirmed. Burnette Baum Development Corporation Agenda Items 9& 10 Page 5 2022 Proffers Proffer 1: The property shall be developed substantially in accordance with that certain site plan entitled "Proposed Drive-Thru Exhibit" dated March 10, 2022, prepared by Hayden Frye Associates, Inc., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the"Site Plan"). Proffer 2: Landscaping shall be installed on the Property substantially as shown on that certain exhibit entitled "Landscape Plan" dated March 7, 2022, prepared by William D.Almond,WPL, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the"Landscape Plan"). Proffer 3: The uses permitted on the Property shall be restricted to medical/office,office,financial institutions, and freestanding restaurants with or without drive-through facilities, and retail. Proffer 4: The principal structure located on the Property shall be constructed primarily of brick with architectural masonry complements in a color that matches the color of the exterior brick materials used in the construction of the primary structure on Parcel A. Proffer 5: The roofs and architectural design of the principal structure located on the Property shall be constructed in conformity with the elevations prepared by Little Caesar Enterprises, Inc. dated February 24, 2022, a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the"Elevations"). The visible exterior roof materials of the principal structure on these three parcels shall be either shingles or the same materials used in the principal structure on Parcel A and such roof materials shall be color coordinated with the other roof materials used on the property. Any exterior mechanical equipment located on the roof of the buildings on the property shall be screened by the roof treatment or parapet walls from view from the public right of way to or nearest to each parcel. Proffer 6: The primary structures located on the Property shall be located as close to the building setback line on Wesleyan Drive taking into account the necessary design features to serve these parcels. In addition,the area directly between the northernmost elevation of the principal structure on such parcel and Wesleyan Drive shall be restricted such that no parking spaces may be constructed or maintained within such area. . . . Proffers Proffer 1: The Property shall be developed substantially in accordance with that certain site plan entitled "Conceptual Site Layout Plan of Wesleyan Commons, Food Lion Centre,"dated November 23, 1998, prepared by MSA P.C., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia beach (the "Site Plan"). Proffer 2: Landscaping and fencing shall be installed on the Property substantially as shown on that certain exhibit entitled "Conceptual Landscape Plan of Wesleyan Commons, Food Lion Centre,"dated November 23, 1998, prepared by MSA Burnette Baum Development Corporation Agenda Items 9& 10 Page 6 P.C., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the"Landscape Plan"). Proffer 3: The architectural design of the principal structure on the portion of the Property identified as "Parcel A" and the architectural design of the principal structure on the portion of the Property identified as "Wesleyan Parcel A-4"shall be substantially as shown on the certain exhibit consisting of two drawings, each entitled "Wesleyan Commons, Food Lio Centre," prepared by L. Hou and dated 1998, copies of which have been exhibited to the City Council of the City Council of Virginia Beach and are on file in the Planning Department of the City of Virginia Beach (the"Renderings"). In addition, the exterior building materials and colors of the principal structure on Parcel A and of the principal structure on Wesleyan Parcel A-4 shall be substantially as shown on the Rendering. Proffer 4: The uses permitted on Wesleyan Parcel A-1,Wesleyan Parcel A-2 and Wesleyan Parcel A-3 shall be as follows: a) The uses permitted on Wesleyan Parcel A-1 shall be restricted to medical/office, office,financial institutions, and freestanding restaurants without drive-through facilities. b) The uses permitted on Wesleyan Parcel A-2 shall be restricted to medical/office, office,financial institutions,and freestanding restaurants without drive-through facilities, and retail. c) The uses permitted on Wesleyan Parcel A-3 shall be restricted to medical/office, office,financial institutions,and freestanding restaurants without drive-through facilities, and retail. Proffer 5: The primary structure located on Wesleyan Parcels A-1,A-2 and A-4 shall be constructed primarily of brick with architectural masonry complements in a color that matches the color of the exterior brick materials used in the construction of the primary structure on Parcel A. Proffer 6: The primary structure located on Wesleyan Parcel A-3 shall be constructed of brick on the north, east, and west exterior portions of the building and of brick siding or architectural block on the southern exterior portion of the structure.The color of the brick materials used on this parcel shall be of the same color used on the primary structure on Parcel A. If siding or architectural block are used on the southern portion of the structure on this parcel,the color shall be compatible with the north,east and west exterior walls of the primary structure on Wesleyan Parcel A-3. Proffer 7: The roofs on the principal structures located on Wesleyan Parcels A-1,A-2 and A-3 shall incorporate the triangular roof feature highlighted in the principal structure on Parcel A.The visible exterior roof materials of the principal structure on these three parcels shall be either shingles or the same materials used in the principal structure on Parcel A and such roof materials shall be color-coordinated with the roof materials used on the Property.Any exterior mechanical equipment located on the roofs of the buildings on the Property shall be screen by the roof treatment or parapet walls from view from the public right-of-way to or nearest to each parcel. Proffer 8: The architectural design of the principal structures located on Wesleyan Parcels A-1,A-2 and A-3 shall be compatible and complementary to the architecture of principal structures located elsewhere on the Property and Parcel B, and such design compatibility together with compatibility of the colors of the building and roof materials referred to in paragraphs 5,6 and 7 of this Agreement shall be determined by the Planning Director.The buildings depicted in the Renderings on Wesleyan Parcels A-1,A-2 and A-3 shall reflect the quality of materials and design by which the Planning Director shall be guided. Burnette Baum Development Corporation Agenda Items 9& 10 Page 7 Proffer 9: The primary structures located on Wesleyan Parcels A-1 and A-2 shall be located as close as possible to the building setback line on Wesleyan Drive taking into account the necessary design features to serve these parcels and buffering along Wesleyan Drive as depicted on the Site Plan. In addition, on Wesleyan Parcels A-1 and A-2,the area directly between the northernmost elevation of the principal structure on such parcel and Wesleyan Drive shall be restricted such that no parking spaces may be constructed or maintained within such area. Proffer 10: Grantor shall install and maintain the pedestrian connection substantially as shown on the site plan and should utilize brick pavers or similar architectural simulated paving materials where the pedestrian walkways intersect with interior rive aisles substantially as shown on the site plan. Proffer 11: Freestanding monument signs erected on the Property shall not exceed a height of eight feet. No portion of the signage of each sign shall protrude beyond the sign face area and the sign face area shall be the same width as the monument base of the sign.Any freestanding sign constructed on any parcel shall be of substantially the same exterior building materials and colors as the principal structure on the parcel. Proffer 12: Grantors shall install and maintain a picket fence not to exceed four feet in height and landscaping substantially as shown on the site plan along the property line dividing Parcel A from the existing cemetery on the property to the west of Parcel A. Comprehensive Plan Recommendations According to the Comprehensive Plan,the property is within the Suburban Area.The vegetated buffers around the property,the ingress/egress on a secondary street, parking along the public street as opposed to the adjacent property, and appropriate screening for the dumpster adhere to the design recommendations set in the Comprehensive Plan.The Suburban Area seeks to blend a mix of residential and supportive non-residential uses,such as Car Wash Facilities. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed.There are no known natural resources associated with this site as it is fully developed with a vacant restaurant building and parking lot within a shopping center. This project will affect no cultural or historical resources. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2— 483 ADT Wesleyan Drive 17,700 ADT' 32,700 ADT 1(LOS5-D-) Existing Proffered Land Use 3—657 ADT Proposed Land Use°—500 ADT 1 Average Daily Trips 2 as defined by a 1,400 SF 3 as defined by a 1,400 SF 4 as defined by an s LOS=Level of Service restaurant without drive-thru restaurant with drive-thru automatic,single-tunnel car wash Burnette Baum Development Corporation Agenda Items 9& 10 Page 8 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wesleyan Drive, in the vicinity of this application, is considered a four-lane divided minor urban arterial. No CIP projects are slated for this area. ImpactsPublic Utility Water&Sewer The site connects 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 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31, 2023 and November 7, 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 30,2023 • 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 November 10, 2023. Burnette Baum Development Corporation Agenda Items 9& 10 Page 9 SITE DATA: """" •RECORDED IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 280,PAGE 75-77 l/U © a Q Q • " DQ 0 •SITE ADDRESS:5453 WESLEYAN DRIVE EXISTING ZONING:B-2 -..,.,. .......,...,�. a.k,.F�..::.. . ....-,� .n.a, .. , •SITE AREA:25,205+/-SF(0.57+/-ACRES) •EXISTING USE:VACANT LAND r.." •PROPOSED USE:AUTOMATIC CAR WASH(CONDITIONAL USE) - -- MINIMUM LOT AREA: 20,000 SF MINIMUM LOT WIDTH: 100 LF MINIMUM FRONT YARD SETBACK: 35 FT ,46 MINIMUM SIDE YARD SETBACK: 0 FT x "---------------j— MI NI MUM REAR YARD SETBACK: 0FT PARKING REQUIRED: ONE SPACE PER EMPLOYEE PARKING PROVIDED: THREE(3)STANDARD PARKING SPACES I p NcpwcRIO/Iw1 m fll YI�/rI11C01/i01ig0� I ,.1BiAEB� >34Y`. •° ���III�^; M�iAtlM�i/1� I �iM - o G^1G1E I dmse� PAMf014 I 141 > a — --t— „ MAC. (D 5453 WESLEYAN DRIVE CAR WASH -VIRGINIA BEACH, VA a CONCEPTUAL DEVELOPMENT PLAN-July 25,2023 \yJ TIMMONS GROUP fD 3 a (D n 3 o O Uq ID 2- �h F 1-- o CD O = '-- - - CONCEPT PLANT SCHEDULE .7 •N .iFCJF • n�f M. �iR W I1n tNw n.n E II 1S ILIA({aef ENIM1CK FtIk� F'NL.ILa ANNNAIA,mANZN, CtlC fLNYCNN4 t�1�M . 50FEENNGVIANfINC A1GCF .ES .:,- ., • I ranonrloN »R w,.ca mNf acF I &"�e � E GNNIpF nu OOtle — - LNI ER SJw�YFF RroERWM� . :M&'3t:iT#AtY®:7 I urt 5i,ccsTiF 'Fnrn•r _�.. � a• RW,lf4fF0 NRYYRI --—-_————— �— ••r -I.WIA:Mwmn.wNNn N41 Tv VIRGINIA BEACH LANDSCAPE REQUIREMNTS tjr.nR r.,n.r.*frooa cuuxA,ta+R aivwwrcn,wu ocunwNvk+crnccnca.lwrn P7lYmQAI rI I I-, T„un�n^nn rnrrawm.r n.n.mm >*nrw nRY n i � r rv,MwoLm mef MYNTfV MNNnfT u.R are... , srE9e� J . _.� w - 0 fn1 4 Q G3 G'1 L•.1 d Q OO GJD -'` �r o _ ,b m 5453 WESLEYAN DRIVE CAR WASH -VIRGINIA BEACH, VA m -0 CONCEPTUAL PLANTING PLAN-July 25,2023 � TIMMONS GROUP 3 (o aL � n 3 o o � Sp NI� o � o � CONCEPTUAL LIGHTING PLAN LEGEND POLE MOUNTED FIXTURE POLE MOUNTED FIXTURE WITH SPILL CONTROL FO WALL MOUNTED FIXTURE Qfl I I I I 07 C 7 tD � .,_. W (D 5453 WESLEYAN DRIVE CAR WASH - VIRGINIA BEACH, VA 0 CONCEPTUAL LIGHTING PLAN-July 25,2023 TIMMONS GROUP CD 3 o 3 O UQ (D SN r I� F o N O 7 N,—Building Owkknq 5y Sled Frame Buikkng System � Belden Brick C—M -1 �,\ I i Ught aModulite Vanek Colaty Blend Brick Veneer � tight Tan�He.Cobr F6F3E7 t r i — of sit W I+ r+ (D 03 ly c Renderings of Cool Wave Car Wash at Wesleyan Commons for ono CAR WASH Burnette / Baum. August 25, 2023. Prepared by Bobby Willis 3 m n 3 o to a I'D o m o' w o � (�Col ry Skt i c r.*V ti nucor Bull"N Systems '! COVony OIerM Brick Veneer j Cnq U,4 Steel Frame _ r—DrW -MOCulltc Panels inmpertvl(;Uss Panels Buildlnq System Llgnt Tan-Fkhr COlnr E6E3E7 I 1 2V , S' W C fD rn (D IA fl) C UPRenderings of Cool Wave Car Wash at Wesleyan Commons for -0 CAR WASH Burnette / Baum. August 25, 2023. Prepared by Bobby Willis (D Q � ,v o 3 0 A 0 7 Beam fMck Company I • DryVK-Moduhte Panda Colony Blend Bnck Veneer Light Tan-nev Coln,W3E7 Nuror di Systems—� —16'� Engineeree Std 5tcei Frame Bwlding System ` y _10, 16— —Ternmedf�lass Pans 7B• 00000000 rD 3 0 D 0- 3 ` Renderings of Cool Wave Car Wash at Wesleyan Commons for �. CAR WASH Ri irnPttP / Rai im Ai ini iqt ?5 7n7.,i PrPnarPri by Rnhhv Willis 3 o 0 ID l� N o' cn 0 = Proposed Vacuum Stations M r N n i f W x 3 Burnette Baum Development Corporation Agenda Items 9 & 10 Page 16 Site Photos Oil11 CO. P will" Tw Burnette Baum i n Development Corporation Agenda Site Photos t _ + fir.".i� a j• �,, )`�t. • ' . �. Iry sm - - M 7k Disclosure Disclosure Statement X 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 ofthis 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 Burnette Baum Development Corporation Does the applicant have a representative? N Yes ❑No If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. 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) William Bumette,Jr.and Nicholas Baum,Directors • 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,III)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§22-3101. Revised 11.09.2020 1 P a g e Burnette Baum Development Corporation Agenda Items 9 & 10 Page 19 Disclosure Disclosure Statement Planning&Community — Development. Kno wn Interest by Public Official _ I or Emaloyee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes i No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralixation,etc)or are they considering anyfinancing 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/reaftor 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 arid/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?M Yes ❑No • If yes,identify the firm and individual providing the service. Timmons Engineering /D a vid T a ylor S. 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 Burnette Baum Development Corporation Agenda Items 9& 10 Page 20 Disclosure Disclosure Statement X tt'Y of i ayes Seot. 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?M Yes ❑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?I®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 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 CourKil,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 174 - - - APJ lVmnt SWnaWre if William Burnette,Jr.,Member Print Name and Title SNAP* 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. • • that pertains to the applications K_—_ No u,anges ism I °i1t j 10/24/2023 Signature ( Cc.(7'2 /l/BGUG�i rnm Eli eth Nowak Revised 11.09.1010 3 1 P a g e Burnette Baum Development Corporation Agenda Items 9& 10 Page 21 Disclosure Disclosure Statement "y"rvv o And.. Planning&Community . � � Development Owner Disclosure Owner Name RVB3,LLC,a Virginia limited liability company Applicant Name Burnette Baum Development Corporation,a Virginia corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary) Ronald V.Berscak,Jr.,Member&Vivian M.Berscak,Member • If yes,list the businesses that have a pa rent-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. 51 Burnette Baum Development Corporation Agenda Items 9 & 10 Page 22 Disclosure Disclosure Statement Planning 8;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 ary business operating or to be operated on the property' M Yes ❑No • If yes,identify the financial institutions providing the service Towne Bank 2. Does the Ownef have a real estate broker/agent/reaftor for current and anticipated future sales of the subject property? 6!Yes ��,I • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax re�tu(y�s provided in connection with the subject of the application or any business operating or to be operated on the property?IYJ yes IIIII(No • If yes,identifythe firm and individual providing the service.0A,r a,, kb C C Uvr.�� - �C� (Awle- Ale, L/y /q 1-1 (q /Helen Miller 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. 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 con strudion 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 R No • If yes,identifythe firm and individual providing the service. Revised 11.09.2020 6 1 Burnette Baum Development Corporation Agenda Items 9& 10 Page 23 Disclosure Disclosure Statement Planning&Community awelopmeilt 8. Is the Owner receiving legal,services in connection with the subject of the application or any business operating or to be ru 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. 0-t',� Owner Signature Ronald'4'."Berscak,Jr.fvfi Uember Print lVa — � Date Revised 11.09.2020 7 I t Burnette Baum Development Corporation Agenda Items 9& 10 Page 24 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Burnette Baum Development Corporation Agenda Items 9& 10 Page 25 4 CITY OF VIRGINIA BEACH * INTER-OFFICE CORRESPONDENCE 9 ? C \ r S OF OUR NPI"3 In Reply Refer To Our File No. DF-11045 DATE: November 2, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 90 DEPT: City Attorney RE: Conditional Zoning Application; Burnette Baum Development Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 14, 2023. 1 have reviewed the subject proffer agreement, dated August 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BURNETTE BAUM DEVELOPMENT CORPORATION,a Virginia corporation RVB3,LLC,a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 28th day of August,2023,by and between BURNETTE BAUM DEVELOPMENT CORPORATION,a Virginia corporation,party of the first part,Grantor; RVB3,LLC, a Virginia limited liability company, party of the second part, Grantor;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,party of the third part,Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that 0.579 acre parcel of property located in the City of Virginia Beach, Virginia, as described in Exhibit "A" attached hereto and incorporated herein by reference,which is referred to herein as the"Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered "AGREEMENT" dated August 31, 1998 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4023, at Page 1775 (hereinafter "1998 Proffers") and the first amendment to the "1998 Proffers" as contained in that "PROFFER AGREEMENT"dated May 22,2022,as recorded in the afore referenced Clerk's Office as Instrument Number 202203029905.001 (hereinafter the "2022 Proffers") , to reflect amendments applicable to the land use plan on the Property; and GPIN: 1468-44-7741-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Rnad Suite 500 Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantors that, except as expressly modified herein, the remaining unchanged, proffered covenants, restrictions and conditions as set forth in the 1998 Proffers be hereby affirmed;and WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall supersede in its entirety those covenants, restrictions and conditions set forth in the 2022 Proffers which are hereby replaced in their entirety;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, 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 or-quid pro Quo for zoning,rezoning,site plan,building permit, or subdivision approval,hereby makes the following amendment to the Covenants,Conditions and Restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer numbered 1 in the 1998 Proffers is hereby amended to reflect that Parcel A- 2 as depicted on the "Site Plan" as therein referenced was subdivided into Parcel A-2A and Parcel A-213 by a subdivision plat recorded in the Office of the Clerk of the Circuit Court of the City of 2 Virginia Beach, Virginia as Instrument Number 20070510000638170 and development of Parcel A-2A shall be permitted independently of Parcel A-213. 2. Proffered Subsection (b) of proffer numbered 4 in the 1998 Proffers is hereby deleted solely with respect to the Property(i.e. Parcel A-2A)and replaced with the following: (b) The uses permitted on Parcel A-2A shall be limited to medical/office, office, financial institutions, freestanding restaurants, with or without a drive through,retail or an automated car wash. 3. Proffers numbered 5 and 8 in the 1998 Proffers are deleted solely with respect to the Property and replaced with the following: The architectural design, exterior building materials and colors of the principal structure and vacuum sets on Parcel A-2A shall be substantially as depicted on the three (3)page exhibit entitled"RENDERINGS OF COOL WAVE CAR WASH AT WESLEYAN COMMONS FOR BURNETTE/BAUM" dated August 25, 2023, prepared by Bobby Willis,which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development of the City of Virginia Beach (the"Renderings"). 4. Proffer number 7 in the 1998 Proffers is deleted solely with respect to the Property. 5. The 2022 Proffers are hereby deleted in their entirety and superseded by the proffered conditions contained herein. 6. Except as modified or deleted herein,the remaining unchanged proffered covenants, restrictions and conditions applicable to Parcel A-2A,as set forth in the 1998 Proffers,are hereby ratified and affirmed. The above conditions, having been proffered, ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a 3 resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: BURNETTE BAUM DEVELOPMENT CORPORATION, a Virginia corporation k.,A By. 4 (SEAL) William Burnette r.,Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2-5 day of 2023, by William Burnette, Jr., Director of Burnette Baum Development Corporation, a Virginia corporation,Grantor. Notary Public , Karen Ann Darden My Commission Expires: 0 q" �i' �Q 2t� ! Commonwealth of Virginia Notary Registration Number: 'ItD OV410 4, 1 `' Notary Public y . ° Commission No.7606475 5 WITNESS the following signature and seal: Grantor: RV133,LLC,a Virginia limited liability company By:a�L - (SEAL) Ronald V. Berscak,Jr.,Memb STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me thiFC"day of Sj�Mfll'pr023, by Ronald V. Berscak,Jr., Member of RV133, LLC,a Virginia linlited liability company,Grantor. Notary Public i My Commission Expires: Notary Registration Number:adlq 020�bD l bg OTA& 'a9 PUB LAG;�G x A l� 7r"y, i f" 6 ': EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, lying,being and situate in the City of Virginia Beach, Virginia, with the improvements thereon and appurtenances thereunto belonging, known and numbered as"Parcel A-2A"as shown on that certain plat entitled"SUBDIVISION PLAT OF PARCEL A-2,SUBDIVISION PLAT OF WESLEYAN COMMONS,VIRGINIA BEACH,VIRGINIA(M.B.280, PG. 75- 77)", prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20070510000638170. TOGETHER WITH rights as contained in the Easement and Development Agreement dated November 20, 1989,and recorded in the aforesaid Clerk's Office in Deed Book 2872,at page 1982. GPIN: 1468-44-7741-0000 H:\AM\-Mod of Proffers\-Burnette Baum Development\Wesleyan Drive\2nd Amendment to Proffers-final 9-18-2023.docx 7 Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 9 & 10 Burnette Baum Development Corporation RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Mr. Clemons. Next item on the consent agenda is item number nine and ten, the Burnette Baum Development Corporation, conditional use permit for a car wash. Mr. Bourdon. Mr. Bourdon:Thank you, Mr. Horsley. Again, for the record, Eddie Bourdon, Virginia Beach Attorney representing Burnette Baum. Mr. Bill Burnette, one of the principals, is here this afternoon. We appreciate being on the consent agenda. All 13 conditions and the 13th is the amended condition that was in your supplemental package that just dealt with the hours of operation. They're all acceptable and I appreciate being on the consent agenda. Mr. Horsley: Thank you, Mr. Bourdon. Is any opposition to this item? Seeing none. We have asked Commissioner Byler if she would read this into the record. Ms. Byler: The applicant Burnette Baum Development Corporation applies for a conditional use permit for 5453 Wesleyan Drive. The applicant is requesting a modification of proffers and a conditional use permit to redevelop an outparcel of the Wesleyan Commons Shopping Center with a new 2,200 square foot car wash facility. The proposed car wash facility will be a single bay automated facility with two pay lanes located on the east side of the building. We know of no opposition, and it appears appropriate. We have suggested that it should be added to the consent agenda for the commission today. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan entitled "5453 Wesleyan Drive Car Wash —Virginia Beach, VA Conceptual Development Plan," dated July 25, 2023, prepared by Timmons Group, and "5453 Wesleyan Drive Car Wash — Virginia Beach, VA Conceptual Landscape Plan," dated July 25, 2023, prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The car wash building shall be constructed in substantial conformance with the elevations "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-Y dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 3. Vacuum units and shrouds shall be silver in color as depicted in the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-Y dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. The units and shrouds shall, in total, not exceed six feet in height. 4. Vacuums shall be single turbine, not central turbine. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 8. Pay station signage shall be constructed in substantial conformance with the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-Y dated August 25, 2023 and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11. Prior to final site plan approval, a Landscaping Plan shall be approved by the Department of Planning and Community Development. 12. All outdoor lights shall have static lighting and shall be natural hues (e.g., white light). 13. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 8:00 p.m., daily between May and September and shall be 7:30 a.m. to 7:30 p.m. daily between November and April. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 1 in the 1998 Proffers is hereby amended to reflect that Parcel A-2 as depicted on the "Site Plan" as therein referenced was subdivided into Parcel A-2A and Parcel A- 2B by a subdivision plat recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070510000638170 and development of Parcel A-2A shall be permitted independently of Parcel A-26. Proffer 2: Proffered Subsection (b) of proffer numbered 4 in the 1998 Proffers is hereby deleted and replaced with the following: b. The uses permitted on Parcel A-2A shall be limited to medical/office, office, financial institutions, freestanding restaurants, with or without a drive through, retail, or an automated car wash. Proffer 3: Proffers numbered 5 and 8 in the 1998 Proffers are deleted with respect to the Property (i.e. Parcel A-2A) and replaced with the following: The architectural design, exterior building materials and colors of the principal structure and vacuum sets on Parcel A-2A shall be substantially as depicted on the three (3) page exhibit entitled "RENDERINGS OF COOL WAVE CAR WASH AT WESLEYAN COMMONS FOR BURNETTE/BAUM" dated August 25, 2023, prepared by Bobby Willis, which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development of the City of Virginia Beach (the "Renderings"). Proffer 4: Proffer number 7 in the 1998 Proffers is deleted solely with respect to the Property. Proffer 5: The 2022 Proffers are hereby deleted in their entirety and superseded by the proffered conditions contained herein. Proffer 6: Except as modified or deleted herein, the remaining unchanged proffered covenants, restrictions and conditions applicable to Parcel A-2A, as set forth in the 1998 Proffers, are hereby ratified and affirmed. Al2 R10 wesle Yan Drive B2,B2 R10 132 R10 R10 ° A36 P-1 PDH'2 Al2. N ® Site Excel Fitness VA 9, LLC dba Planet Fitness W-*1: Property Polygons 2336 Elson Green Avenue S Zoning Building Feet 02040 80 120 160 200 240 UA" , u 4L` Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EXCEL FITNESS VA 9, LLC DBA PLANET FITNESS [Applicants] GENERAL BOOTH PROPERTIES OF VA BEACH, INC [PROPERTY OWNER] Conditional Use Permit (Indoor Recreational Facility) for the property located at 2336 Elson Green Ave (GPIN 2414245953). COUNCIL DISTRICT 5 MEETING DATE: November 14, 2023 ■ Background: The applicant is requesting a Conditional Use Permit for an Indoor Recreational Facility to operate a 22,450 square foot private gym within an existing building in The Shoppes at Inlet Center. The typical hours of operation will be 5:00 a.m. Monday morning until 9:00 p.m. Friday evening, and 7:00 a.m. to 7:00 p.m., on Saturdays and Sundays. The applicant intends to have approximately 20 employees. Due to an oversight, a permit to operate an Indoor Gym was previously issued in 2006. The current applicant was made aware of the need for a Conditional Use Permit when seeking to renovate and occupy the space and this application has been submitted to meet the City Code requirement. No exterior changes to the building are proposed except for the installation of new signage. Since the proposed signage exceeds the maximum square footage allowed by the Zoning Ordinance, staff has included Condition 4 to require a Board of Zoning Appeals variance. ■ Considerations: Staff finds the proposal to be acceptable given that the use is consistent with the Comprehensive Plan's vision for the Suburban Area and will contribute to the day- to-day life of residents and support their recreational needs.-The minimum parking requirement is exceeded by 48 spaces and the use will not generate an extensive amount of traffic, beyond what is typically expected within a shopping center. 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 October 11, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Excel Fitness VA 9, LLC DBA Planet Fitness Page 2 of 2 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "Proposed Planet Fitness Parking", dated September 9, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. 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 prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. ■ 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:P n Item Applicant Excel Fitness VA 9, LLC • • . Planet Fitness Agenda Property Owner General Booth Properties of Beach, Planning Commission PublicOctober1 Oty��J' • District Virginia Beach Request Conditional Use Permit(Indoor Recreational Facility) Staff Recommendation Approval (o, Staff Planner Michaela D. McKinney ss Location j 2336 Elson Green Avenue GPIN \ '' 2414245953 `� Site Size -` :��'' ,._ � , ' , ",1� 2.91 acres yQjc, AICUZ B2 65-70 dB DNL;Sub-Area 2 02 Watershed 02 Southern Rivers Existing Land Use and Zoning District 1 Retail /B-2 Community Businesspf m Surrounding Land Uses and Zoning Districts a North ,q. Retail/B-2 Community Business South Elson Green Avenue Eating& Drinking Establishment,shopping , 4 „ center/B-2 Community Business East Strip Shopping Center/B-2 Community . Business Retail/B-2 Community Businesslow- West Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 1 Background of Proposal • The applicant is requesting a Conditional Use Permit to operate an Indoor Recreational Facility within a vacant unit in The Shoppes at Inlet Center. The Zoning Ordinance allows an Indoor Recreational Facility of 7,500 square feet or less as a matter of right on property zoned B-2 Community Business District.As proposed,the facility is 22,450 square feet, as such a Conditional Use Permit is required. • Due to an oversight,a permit to operate an Indoor Gym was previously issued in 2006.The current applicant was made aware of the need for a Conditional Use Permit when seeking to renovate and occupy the space and this application has been submitted to meet the City Code requirement. • The applicant is proposing to operate the Indoor Recreational Facility on the second floor and a portion of the first floor, utilizing 22,450 square feet. It is the applicant's intent to utilize this space as a Planet Fitness Gym with approximately 20 employees. • There will be no exterior changes to the building, except for the installation of new signage.The proposed sign, depicted on page 6 of this report, does not meet the requirements of the Zoning Ordinance due to the size of the sign being greater than what is allowed. • The Zoning Ordinance requires a minimum of 151 parking spaces for this site, 38 spaces for the retail and 113 spaces for the proposed recreational facility.As shown on the site layout,there are 198 parking spaces on site,thereby exceeding this requirement by 48 paces. • The typical hours of operation will be 5:00 a.m. Monday morning until 9:00 p.m. Friday evening, and 7:00 a.m.to 7:00 p.m.,on Saturdays and Sundays. Zoning History ,erg/ UZI (j; Request 1 1 CUP(Tattoo Parlor)Approved 01/17/2023 r CUP(Tattoo Parlor)Approved 05/07/2019 / ?c 2 CUP(Bulk Storage Yard and Truck&Trailer Rentals) Approved 2/16/2021 B2 3 CUP(Bulk storage Yard)Approved 08/21/2018 j CUP(Bulk storage Yard)Approved 09/20/2016 MDC Approved 08/12/2008 CUP(Bulk Storage)Approved 08/05/2003 / CUP(Automobile Service Establishment)Approved ` — - 12/05/2000 v. r; ^' 4 CUP(Automobile Repair Garage)Approved 02/07/2017 a z T\,, £ � CUP(Automobile Service Station)Approved 11/14/1995 ez 5 CUP(Tattoo Parlor)Approved 12/06/2016 Oz� '� 6 MDC Approved 10/09/2012 MDC Approved 04/27/2010 CUP(Seasonal Outdoor Market)Approved 05/26/2009 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—Alternative Compliance STR—Short Term Rental Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 2 Evaluation • • • The proposed Conditional Use Permit request for an Indoor Recreational Facility is, in Staff's opinion,acceptable.The use is consistent with the Comprehensive Plan's Land Use Policies for this area, as this type of use contributes to the day-to-day life of residents and supports their recreational needs. As mentioned previously,the applicant is seeking to install new signage for the proposed use.The sign will be 124 square feet which does not meet the current zoning requirements.The applicant will be applying for a BZA variance for the proposed signage. Condition 4 has been added indicating that all proposed signage must meet the requirements of the Zoning Ordinance, unless authorized by the Board of Zoning Appeals. In sum,the fitness center will be located within a vacant unit in an existing retail shopping center. The anticipated traffic generated by this use has been accounted for in the original design of the shopping center.The proposed use is compatible with the other commercial uses located in the shopping center and is an excellent reuse of the vacant retail space. As the site was built to accommodate a variety of retail uses,adequate parking is provided. Based on these considerations, Staff recommends approval of this request,subject to the conditions listed below. Recommended Conditions 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "Proposed Planet Fitness Parking", dated September 9, 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. 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 prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy,and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 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 recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. This property is just to Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 3 the north of the Green Line and Transition Area.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Elson Green Avenue 5,050 ADT' 9,900 ADT'(LOS°"D") Existing Land Use'-1225 ADT Proposed Land Use 3—No Change Anticipated 'Average Daily Trips 2 as defined by a retail strip 3 No information available in the 4 LOS=Level of Service center ITE Trip Generation Manual for eventvenues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Elson Green Avenue in the vicinity of this application is considered a two/three-lane divided local street. The existing infrastructure currently resides in a 70 foot and variable width right-of-way. It is not included in the MTP. There are no roadway CIP projects slated for this area. ImpactsPublic Utility Water This site is connected to City Water. Sewer This site is connected to city sanitary sewer via a shared private sanitary sewer gravity system. Public Outreach Information Planning Commission • 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. Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31, 2023 and November 7, 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 30, 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 November 10, 2023. Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 5 Site Layout i e lf s= � I f — I T iM W d I ! LT -c -74 m- 0 0 LLJ / If,. 2 e F� a 0 011 ♦- 23 Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 6 TYSG I o ba I 519 E t30 U"115 Rockwall,TX 75087 877-8M-SIGN•TYSGlobal I Project Location: et I Planet Fitness 4 { Store#0000 x fitne 2336 EL-on Green Ave, Virginia Beach,VA 23456 _ Signage Package: Main Exterior Branding SIGN TYPE:A FRONT ELEVATION MW 239.04" I , 140.831. I ` Design Revision � 1 09/15/2023 T Ngtryen planet a X fitness -i. n - rD �1 64,50" 148.89" (A SCOPE •• Project Manager C MamAeettwe atsd hsssaM: Chattrtel lettess Nash: TBD !l D One 011 set of mtemally-dlummated(LED).r ,ott 5'deep 040"Alum,—returns pre-painted Pwpte(San installation cordmons mciudmq access.attachnsent I Project Notes: lD &.n-i letters motmted on a 125'aluminum badplau Sheen Fimah),3/16'Optic LD white Acrylic—th Jar surface methods,ad&1—.1 egu,pment and eleotdcal r mil,r°cawayx. translucent—yi.Orecal Mulberry 422,1'white I—Cap. reguirempnrs.etc to be verified ' t— Ln Front w/White Pnncpal LED's (7 Gear ken: >1 S'dean M'Aluminum returns pm panted Black(satin fna-*WPower/Aaeaa: 1S Sheen Fin 1h),3/16'Whne Polycarbonde with 1st sedate 120v Primary Cncwt[sl by others and-thn 6'of vgn � Translucent chgW onnt.2'Whae Tnm Cap.Sl—LED Prism mstaNation locatlen,Reasonable Access Requvad Materials and Measurements nJ 12YOC Newal White 4000 to be verified with site survey. Q = tv rD .e N TI � � 3 rD Fs N -J N to K -... Site Photos MW ■ 7,-1 � f1 Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 8 Disclosure IDOCuSign Envelope ID.66E4 AD72-6F62-4959-9FFB-6489E456 DEC' Disclosure Statement C'vy nfi'aginw Hwd !Tanning&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 Excel Fitness VA 9,LLC dba Planet Fitness Does the applicant have a representative? ■Yes ❑No . If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes ❑No . If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) CJ Bouchard,CEO;Joseph Cancelliere,CFO If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a Ilst if necessary) Excel Fitness Consolidator,LLC "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 Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 9 Disclosure DocuSign Envelope ID:66E4AD72-6F62.4959-9FFS-6489E456DE01 Disclosure Statement c:rry/t'iryinio On h Planning&Community ",7` 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 8 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 lateralization,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. Ed Kimple,Thalhimer Real Estate 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 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 Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 10 Disclosure Docu&pn Envelope ID:66E,:i) %CI; t 1'-Ga89E456DE0' rsclosure StaterA 6p,n(Venn,Rmh Planning&Community Development 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?i$Yes No • If yes,Identify the company and individual providing the service. Sean Frazier,Datum Contracting East,LLC 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. Scott Broadbent,PB2 ARCHITECTURE+ENGINEERING,PLLC 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.C. Applicant Sianature 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. L(JOae/J� ,�b�,l/ 'tl pn..llby 7 w Y III� Applicant Signature C3 Bouchard HH/President Print Name and Title _ --- 7/31/2023 Date Is the applicant also the owner of the subject property? ❑Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. ONLY/FOR CITY USE that pertains to the ® applications No ch•Ka a of oar• 10/24/2023 skn•ture �Zy�iC.dL �. IZrGC/l Print Name Michaela D. McKinney 31 Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 11 Disclosure DoeuSign Enve ice ID:66EOAD72-6F62-a959.9FF5 Ca- Disclosure Statement Ctity,,i V(rprrrz�R� Planning&Community Developmen Owner Disclosure Owner Name General Booth Properties of VA Beach,Inc. Applicant Name Excel Fitness VA 9,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?E Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Robert D Zirpoli,President;Phil G.Curtin,Vice President;Rick Reed,Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes N 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. 51 Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 12 Disclosure Docu5ign Envelope ID:B i4p••, e 948-RUE4560E01 c osure Sta MR, tt 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? CKYes I No • If yes,Identify the financial institutions providing the service. TowneBank 2. Does the Owner have a real estate broker/agent/reafto►for current and anticipated future sales of the subject property? Cl 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 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 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 0 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 M No • if yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No If yes,identify the firm and individual providing the service. Timothy M.Fallon,Tim Fallon Land Surveying,PLLC 61 a. Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 13 Disclosure Disclosure Statement City a/lTrgeoa e� 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. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any publicluLdy or committee in connection with this application. Owner Signature Robert Zirpoli,President Pri t N me and Title _ Robert D.Zi[Roli.CPA Date , 844 First CaIonial Rd.Ste.20 Virginia Beach,VA 23451 ? I Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 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. Excel Fitness VA 9, LLC dba Planet Fitness Agenda Item 12 Page 15 Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 12 Excel Fitness VA 9, LLC dba Planet Fitness RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Ms. Byler. The next item is item number 12, the Excel Fitness Virginia 9 LLC dba Planet Fitness General Booth Properties of Virginia Beach Virginia Inc. Conditional Use Permit for Indoor Recreational. It's a long title, Mr. Bourdon. Mr. Bourdon: Thank you, Mr. Horsley, Mr. Chairman, members of the commission again for the record. Eddie Bourdon. I neglected to thank Elizabeth on the last application. She did a really good job of significantly improving that plan, and that just wanted to compliment her on that and thank her. On this application Excel, there are four conditions. It's just a replacement of the inlet in the same spot and we agree to all four conditions and appreciate. They're moving this along quickly since the other one didn't have a use permit and the people with Planet thought they could just move in and were initially told they could just move in. So the staff has been very good at moving this through the process quickly. Thank you. Mr. Horsley: Thank you. Is there any opposition to this request? Seeing none. We would ask Mr. Cuellar, Commissioner Cuellar if she would read this into the record. Ms. Cuellar: Thank you. The applicant is requesting a conditional use permit to operate an indoor recreational facility within a vacant unit in the shops at Inlet Center. The zoning ordinance allows an indoor recreational facility of 7,500 square feet or less as a matter of right on property. Property zone B-2 community business district, as proposed, the facility is 22,450 square feet. As such, a conditional use permit is required. The staff is recommending it for approval. There is no known opposition. The commission is recommending it for the consent agenda. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "Proposed Planet Fitness Parking", dated September 9, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. 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 prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. 1 � fi C� 01 OR ' � O�R street � gth __. i" IVoro Ik A yen Ue OR N ® Site Ashley Guller W Property Polygons Zoning 921 Pacific Avenue, Unit B S Building Feet 0 1020 40 60 80 100 120 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASHLEY GULLER [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 921 Pacific Avenue Unit B (GPIN 24272444111130). COUNCIL DISTRICT 5 MEETING DATE: November 14, 2023 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a one-bedroom, 450 square-foot unit of the Pacific Place Condominiums located at 921 Pacific Avenue, Unit B. The subject property was cited for Short Term Rental use without a permit in May 2023. While the advertisement for this property was changed to reflect a 30-night minimum stay, as of September 18, 2023, the last known STR rental was in September 2023. ■ Considerations: The applicant is requesting to operate a one-bedroom, 450 square-foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 15 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom; therefore, only one parking space is required for the entire unit. All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. 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 October 11, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 921 Pacific Avenue Unit B and the Short Term Rental use shall only occur in the principal structure. Ashley Guller Page 2 of 4 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Ashley Guller Page 3 of 4 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented Ashley Guller Page 4 of 4 on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Ashley Guller Agenda Item Planning Commission PublicOctober1 c, �,� City Council District 5 17 )B Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation *� µmy. Approval Staff Planner Pamela Witham Location 921 Pacific Avenue Unit B GPIN 24272444111130 Site Size 34,984 square feet t Existing Land Use and Zoning District Multi-Family Dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Multi-family dwellings,commercial parking lot OR Oceanfront Resort . ? South c 9th Street Municipal parking garage/OR Oceanfront Resort � East ��� . Retail shops/OR Oceanfront Resort , West . Pacific Avenue NORFOIK,M Off-street parking lot/OR Oceanfront Resort T r•,f Ashley Guller Agenda Item 17 Page 1 Background SummaryofProposal Site Conditions and History • This 34,984 square foot parcel contains the Pacific Place Condominiums and is zoned OR Oceanfront Resort District. According to City records,this multi-family condominium was constructed in 1969. • There is no on-street parking on Pacific Avenue. • Fourteen Short Term Rental Conditional Use Permit applications have been approved in this 56-unit condominium development. • According to City Records,this property was cited for Short Term Rental Use without a permit in May 2023. The advertisement for this property was changed to reflect a 30-night minimum stay; however, reviews for this property show that the location was still being utilized as a short-term rental per the number of reviews for the months of August and September. • Known Short Term Rental activity as of September 18, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity 1 A ' eZN Short Term Rental S Ashley Guller Agenda Item 17 Page 2 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a short term rental in a one-bedroom,450 square-foot unit of the Pacific Place Condominium.The regulations for Short Term Rental use are identified in Section 241.2 and 2303 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required (1 space per bedroom required; historical exception made): 1 • Number of parking spaces provided on-site: 1 Zoning History # Request 1 CUP(Short Term Rental)Approved 08/15/2023 wrest y - CUP(Short Term Rental)Approved 07/11/2023 l CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 05/16/2023 >. + CUP(Short Term Rental)Approved 06/12/2022 oft CUP(Short Term Rental)Approved 04/05/2022 xR 1 CUP(Short Term Rental)Approved 11/09/2021 OR >� '+ CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 06/09/2020 NQtRq,xAVE CUP(Short Term Rental)Approved 04/06/2020 / r CUP(Short Term Rental)Approved 02/04/2020 OR ` 2 CUP(Short Term Rental)Approved 12/13/2022 1 CUP(Short Term Rental)Approved 12/13/2022 111 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STR—ShortTermRental Evaluation : Recommendation The applicant is requesting to operate a one-bedroom,450 square-foot Short Term Rental within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 14 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance,Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one(1) parking space per bedroom. Further, such properties are Ashley Guller Agenda Item 17 Page 3 unable to provide the required parking on-site. For these condominium properties,the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Based Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design." Pacific Place Condominiums is one such property granted a historical exception to the Short Term Rental parking requirements of one space per bedroom;therefore, only one parking space is required for the entire unit.All other requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. The subject property lies in the Pacific Avenue corridor,which serves as the main north-south connector, including Atlantic Avenue, in the Resort Area. As identified in the Resort Area Strategic Action Plan (RASAP) 2030, both corridors serve as an area where many Resort Area visitors stay and gather.Therefore,the use of the unit as a Short Term Rental is consistent with this purpose.The unit would further provide diverse lodging opportunities for visitors and travelers wanting the Resort Area experience. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 921 Pacific Avenue Unit B and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however,the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. Ashley Guller Agenda Item 17 Page 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except that each Short Term Rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner,or their representative,shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form Ashley Guller Agenda Item 17 Page 5 prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31, 2023 and November 7,2023. • 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 30, 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 November 10, 2023. Ashley Guller Agenda Item 17 Page 6 Site Layout & Parking Plan `n .fi m Assigned Parking Space R i • One assigned space in the parking lot • Historical exemption to requirements; only one space a neededx Ashley Guller Agenda Item 17 Page 7 -v Site Photo "WIN xtp-- f� Ashley Guller Agenda Item 17 Page 8 Disclosure Disclosure Statement X ID Cin,of{'igirtirt Baca: 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 Ashley Guller Does the applicant have a representative? ❑Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑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 entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship'means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Ashley Guller Agenda Item 17 Page 9 Disclosure !` Disclosure Statement Cit4 f Vvgvm Btvni+ 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. Fay Servicing,LLC.1-800-495-7105 2. Does the applicant have a real estate broker/agent/maltor for current and antic,pated 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 E 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 0 No • If yes,identify the o❑rc.haser and purchaser's service providers. Revised 11.09.2020 2 Ashley Guller Agenda Item 17 Page 10 Disclosure Disclosure Statement nay/ts�,nwa�,a, Planning&Community Development �.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 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 0 No e If yes,identify the firm and Individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or corpmittee in connection with this application. Applicant signature Ashley Guller Print Name and Title 06-01-2023 Date Is the applicant also the owner of the subject property? 0 Yes ❑No e If yes,you do not need to fill out the owner disclosure statement, FOR CITY USE ONLY/ that pertains to the applications No changes ar of °'ta 11/1/2023 signature Rlnt Name Garek HaH Hannigan Revised 11.09.2020 3 1 Ashley Guller Agenda Item 17 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Department of Planning and Community Development to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning and Community Development/Development Services Center and Department of Planning and Community Development/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Ashley Guller Agenda Item 17 Page 12 STIR VICINITY MAP ASHLEY GULLER �� C9 NOR -L-PCA-V l i a , , i VI Short Term Rentals Rom`, A Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 17 Ashley Guller RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you sir. Is there any opposition? Okay, and the next item is item number 17, Ashley Guller. Conditional use permit for short term rental. Mr. Plumlee: Mr. Vice Chair, did you want me to read the 13 through 16? Mr. Horsley: We're gonna let you read them all at one time. Mr. Plumlee: Thank you very much. Ms. Guller: Hi, my name is Ashley Guller. Mr. Horsley: Are all the conditions acceptable? Ms. Guller: Yes. Mr. Horsley: All right, thank you. Is there any opposition to this short term rental? Thank you. All right, and the last item is item number 18, Traci McGlynn and Michael McGlynn, short term rental. Mr. Horsley: Thank you. Is there any opposition? Thank you. Hearing none, there is no opposition to any of the short term rentals. I've asked Commissioner Plumlee if he would read all of those into the record. Mr. Plumlee: Thank you very much and I take it based that Mr. Bourdon had presented a changed condition that none of us felt that that change modified their position with regards to having this on the consent. It does not mind this. Is it or we could find. Okay. So, the Fountain LLC submission is a 6742 square foot lot zoned OR Oceanfront. The records show it's a dwelling of two bedroom homes constructed in 1945. There are no past violations for this site and staff has recommended the short term rental conditional use permit for this location and the commission has decided it's appropriate for consent. With regards to the Ashley Guller property, Ms. Guller has accepted the conditions and again, this has made the consent item, I'm hustling through this information as fast as the computer will let me do it, and also finally Traci McGlynn and Michael McGlynn have agreed to the conditions with regards to the short term rental and both staff has recommended approval and the Planning Commission has accepted this as a consent item. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 921 Pacific Avenue Unit B and the Short Term Rental use shall only occur in the principal structure. 2. An annual Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Department of Planning and Community Development; however, the Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of the Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of the Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Department of Planning and Community Development and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. 02 Al2 -- eet ,-34th Na�f Str OR Al2 h Street N site The Fountain, LLC W� � � �E Property Polygons 307 34th Street S Zoning Building Feet 0 510 20 30 40 50 60 Ku ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE FOUNTAIN, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rentals) for the property located at 307 34th Street (GPIN 2418938232). COUNCIL DISTRICT 6 MEETING DATE: November 14, 2023 ■ Background: The applicant is requesting four Conditional Use Permits to operate four(4), three- bedroom Short Term Rentals in a proposed multi-family dwelling at 307 34th Street. The existing dwelling on site will be demolished and a quadplex will be constructed in its place. The site plan for the proposed quadplex was recently approved by the Development Services Center. Three parking spaces are required for each proposed STR, for a total of 12 required parking spaces. Ten spaces will be provided on site and the remaining 2 will be leased from the 31 st Street Garage which is within '/4 mile of the site. While the existing dwelling was previously advertised and utilized as a Short Term Rental, as of September 21 , 2023, the last known STR rental was June 5, 2023. ■ Considerations: The applicant is requesting to operate four, three-bedroom Short Term Rental units on the subject parcel. A demolition plan for the existing structure was approved by the Development Services Center (DSC) in July 2023 and a demolition permit was approved earlier this month. The site plan for the proposed quadplex was approved by the DSC in September 2023. Since the site is in the Oceanfront Resort (OR) Short Term Rental Overlay District, Short Term Rental use is expected. The surrounding area is a mixture of multi-family dwellings, single-family dwellings, business uses, and other resort-oriented uses. Based on the information provided by the applicant, the proposed units appear to comply with the STR regulations found in the Zoning Ordinance. 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 October 11, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. The Fountain, LLC Page 2 of 4 1. The following conditions shall only apply to the dwelling units addressed as 307 34th Street, Units A and B, and 307 34th and '/2 Street, Units A and B and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. The Fountain, LLC Page 3 of 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. The Fountain, LLC Page 4 of 4 Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Department City Manager. /W Applicant and Property Owner:The Fountain, LLC Agenda Items Planning Commission PublicOctober1 councilCity City uJ Virginia Beach Requests #13-16-Conditional Use Permits (Short Term Rentals)—307 341h Street Y Staff Recommendation Approval tHst Staff Planner Ao-E Y 3%1HST Pamela Witham t�„�MORN Location 4y 307 34th Street, Units A and B,307 34th% p�N % 3 s• z Street A and B CbRo GPIN °3 RDg'T 24189382320000 j2s1 lPgK1"R° n 3gTHA"EY ``H Site Size 151 . U, Q YL � ALLEY .. 6,742 square feet Q 28�HSz g m 2nH5T A 17fN5T Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 34th%Street10J�! Single-family and multi-family dwellings, commercial/OR Oceanfront Resort South 7 HHALFst 33rd 1/2 Street(alley) Single-family and multi-family dwellings/OR Oceanfront Resort East Pacific Ave Office, multi-family dwellings/OR Oceanfront Resort , West Single-family and multi-family dwellings,/OR Oceanfront Resort • �,�r +'" , � t • The Fountain, LLC Agenda Items 13 -16 Page 1 Background : Summary of Proposal Site Conditions and History • This 6,742 square-foot lot is zoned OR Oceanfront Resort. • According to City records,the current dwelling is a 2-bedroom homes constructed in 1945. The proposed new construction will be a multi-family dwelling,with four three-bedroom units on the parcel. • Staff inspected the site on August 21, 2023 to observe site conditions and take photographs for this report. • While on-street parking is allowed along this portion of 34th Street,the Zoning Ordinance requires the parking requirement for Short Term Rentals to be met through the use of off-street parking spaces. • The previous dwelling that has since been demolished was operating as a Short Term Rental illegally.The property is being redeveloped and seeking to obtain the proper permits to operate the Short Term Rentals legally. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1,2018. • Known Short Term Rental activity as of September 21,2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No June 5, 2023 No Short Term Rentals in the Vicinity 3gS', Cb g SM TN$'f 3 .HAS 3 �P OQ� g �t0 Short Term Rentals 1 ASK H }AA-F fl T s,a The Fountain, LLC Agenda Items 13 -16 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate four,three-bedroom Short Term Rentals on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:3 per unit • Maximum number of guests permitted on the property after 11:00 pm: 6 per unit • Number of parking spaces required (1 space per bedroom required):3 per unit • Number of off-street parking spaces provided:3 per unit 307 34th Street, A 307 34th Street, B Number of bedrooms in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended 6-As recommended in condition#16 in condition#16 Number of parking spaces required (1 space per bedroom required): 3 3 Number of parking spaces provided on-site: 3 3 307 34th%2 Street,A 307 324th%z Street, B Number of bedrooms in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended 6-As recommended in condition#16 in condition#16 Number of parking spaces required (1 space per bedroom required): 3 3 Number of parking spaces provided on-site: 3 1 (The other 2 will be off-site leased spaces) The Fountain, LLC Agenda Items 13-16 Page 3 Q R � 02 , s� Al2 m 34tN�� OR No Zoning History Available A,2 A24 1 •T OR A18 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation • • • The applicant is requesting to operate four,three-bedroom Short Term Rental units on the subject parcel. The current dwelling was constructed in 1945. A demolition plan for the existing structure was approved by the Development Services Center in July 2023 and the site plan for the proposed quadplex is currently under review. A demolition permit for the site has also been approved. The site is located along 34th Street. Since the site is in the Oceanfront Resort (OR) Short Term Rental Overlay District,Short Term Rental use is expected. The surrounding area is a mixture of multi-family dwellings,single-family dwellings, business uses,and other resort-oriented uses. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 307 341h Street, Units A and B, and 307 341h and%z Street, Units A and B and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short The Fountain, LLC Agenda Items 13-16 Page 4 Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physically present at the Short Term Rental within one (1) hour. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units The Fountain, LLC Agenda Items 13-16 Page 5 constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches, and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31, 2023 and November 7, 2023. The Fountain, LLC Agenda Items 13-16 Page 6 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on October 30, 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 November 10, 2023. The Fountain, LLC Agenda Items 13-16 Page 7 Site Layout : Parking Plan _ (10) PARKING SPACES ON SITE (INCLUDES TWO w GARAGE SPOTS) ,4� lk�j c 1 1 1 11 1 , 1 1 t t�. 'tea 444 i 1 - � 1 1 The Fountain, LLC Agenda Items 13 -16 Page 8 Offsite Parking Proposal i£ 8 t � t O , 4 t a ta x The Fountain, LLC Agenda Items 13 -16 Page 9 w� may. . 7 f r 1 e r_ i I Site Photo F7X I The Fountain, LLC Agenda Items 13-16 Page 10 Disclosure Disclosure Statement 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 The Fountain, LLC Does the applicant have a representative? ■Yes O No • If yes,list the name of the representative. R.Edward Bourdon,Jr.Esquire Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?E Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) John Bishard,Manager,John Napier,Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,III)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 The Fountain, LLC Agenda Items 13 -16 Page 11 Disclosure Disclosure Statement X ID YID Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes E No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑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? 0 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?11 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. Martin Bardoun,Bardoun Design PC 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. 21 The Fountain, LLC Agenda Items 13-16 Page 12 Disclosure Disclosure Statement It T3 _ Planning&CommulAN . . . i1r%•ek)pm(.nt 11 =J cs the applicant have a construction contractor in connection with the subject of the appl!cat ban oe any business operating P, to be operated on the property?❑Yes ■No • It Vol,identify thr company and indnri4+ual providirl the Service I hoes the applicant have an enakwedsurw"orlagent in connection with the subject of the application or any busine•�,-. operating or to be operated or the propertv?■Yes ❑No + if yes,identify t!fe firer and individr vmc al providing the sere, Brad Martin,WPt $ I.*r applicant receiving legal services in connect on with the subject of the appl=cation of any business operating or to be operated on Mfrs property'■Yes ❑No • tf yes,identify the firm and irdividual providing the service R Edward Bourdon;Jr,Esqu;m Applicant Skmtufe 1 ce i ft that all of the information contained in this Disclosure Statement Form is complete,true,and accurate 1 understand that. t.pon receipt of notification that the application has been scheduled for public hearin&I am responsible for updathtg the information provided herein two i s px''ipt to the rtteeting of Mannikiig Commission,City Council,VOCA,,CODA,Wetlands Board or any public body as comngtteo id connincilIon with this application. App114nt Sgnatwe Pit Nww and Title ff { Date Is the appilcant also the owner of the subject p.operty? ■Yes 7 No • If yet,,ynu da nut nreri to fil'nut thr over•dierfasurr^, ' that pertains to the applications ue n,,, r:ys bi y Patr 11/1/2023 Garek Hall Ha _igan The Fountain, LLC Agenda Items 13 -16 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. The Fountain, LLC Agenda Items 13-16 Page 14 STR VICINITY MAP THE FOUNTAIN, LLC 31�1 l r 1 33 t R ' f ' Short Term Rentals Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Items # 12-16 The Fountain, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you, Ms. Cuellar. All right. The next item is item number 13 to 16. The Fountain, LLC. Conditional Use Permit for short term rental. Mr. Bourdon: Thank you again, Eddie Bourdon, Virginia Beach Attorney representing the applicant. I want to point out there's one error in the staff report that needs to be corrected. Two offsite spots in the parking garage are on the 31 st street garage and not the garage that's designated on the one of the pictures in there. So and that was made, the staff was made aware of that and it still meets the requirements and all the 18 conditions as recommended are acceptable to the applicant. Mr. Horsley: Thank you sir. Is there any opposition? Okay, and the next item is item number 17, Ashley Guller. Conditional use permit for short term rental. Mr. Plumlee: Mr. Vice Chair, did you want me to read the 13 through 16? Mr. Horsley: We're gonna let you read them all at one time. Mr. Plumlee: Thank you very much. Mr. Horsley: Thank you. Is there any opposition? Thank you. Hearing none, there is no opposition to any of the short term rentals. I've asked Commissioner Plumlee if he would read all of those into the record. Mr. Plumlee: Thank you very much and I take it based that Mr. Bourdon had presented a changed condition that none of us felt that that change modified their position with regards to having this on the consent. It does not mind this. Is it or we could find. Okay. So, the Fountain LLC submission is a 6742 square foot lot zoned OR Oceanfront. The records show it's a dwelling of two bedroom homes constructed in 1945. There are no past violations for this site and staff has recommended the short term rental conditional use permit for this location and the commission has decided it's appropriate for consent. With regards to the Ashley Guller property, Ms. Guller has accepted the conditions and again, this has made the consent item, I'm hustling through this information as fast as the computer will let me do it, and also finally Traci McGlynn and Michael McGlynn have agreed to the conditions with regards to the short term rental and both staff has recommended approval and the Planning Commission has accepted this as a consent item. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Esta ri s AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 307 34'h Street, Units A and B, and 307 341h and '/2 Street, Units A and B and the Short Term Rental use shall only occur in the principal structures. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. R5D Street OR N ® Site C Traci R. McGlynn & Michael L McGlynn W Property Polygons Zoning 523 22nd Street s Building Feet 0 5 10 20 30 40 50 60 i . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRACI R. MCGLYNN & MICHAEL L. MCGLYNN [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 523 22nd Street (GPIN 24179875160000). COUNCIL DISTRICT 6 MEETING DATE: November 14, 2023 ■ Background: The applicant is requesting to operate a four-bedroom, 2,371 square-foot Short Term Rental in a townhome located at 523 22nd Street. A total of 4 parking spaces are required for the STR, 2 of which are provided on-site and the other 2 will be leased from the 25th Street Parking Garage which is within '/4 mile of the site. While the property has previously been advertised and utilized as a Short Term Rental, the applicant has stated they do not intend to continue using the property as such prior to the approval of this application. As of September 19, 2023, the last known STR rental of the property occurred in September 2023. ■ Considerations: The applicant submitted a Conditional Use Permit request to operate a four- bedroom Short Term Rental on the subject site. Constructed in 2017, the structure at 523 22nd Street lies on a city block bounded by 22nd 1/2 Street to the north, Baltic Avenue to the east, 22nd Street to the south, and Mediterranean Avenue to the west. The surrounding area is composed of single-family dwellings, duplex dwellings, multi-family dwellings, commercial offices, commercial retail, hotels, and other resort-oriented uses. All requirements of Section 241.2 and Section 2303 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Staff received 3 letters of support for the application and is unaware of any opposition to this request. ■ Recommendation: On October 11, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1 . The following conditions shall only apply to the dwelling unit addressed as 523 22nd Street and the Short Term Rental use shall only occur in the principal structure. Traci R. McGlynn & Michael L. McGlynn Page 2 of 4 2. An annual (yearly) STIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physically present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Traci R. McGlynn & Michael L. McGlynn Page 3 of 4 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented Traci R. McGlynn & Michael L. McGlynn Page 4 of 4 on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 7l"") Applicant and Property Owner: Agenda Item Traci R. McGlynn & Michael L. McGlynn Planning Commission Public Hearing: October 11, 2023 Cit 0 V(!I CouncilDistrict 18 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 6 "` Approval C HST ST �O Z��TH Hp�F ST 26TH Staff Planner a26THST T Pamela Witham Location ...2gHON�ALF ST 23Rp ST 523 22nd Street —`l "BOSSY VAt) 12NO HP�Ft Y 9 ZTST HALF ST n T G P I N 2TST F 9T➢m_ ➢Zo H$T n Z 24179875160000 ZpTH m ✓ r" Site Size _. 3,173 square feetNAC s m A4THST Existing Land Use and Zoning District " Townhouse dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 22"d%Street (Alley) Multi-family Dwellings, Duplex Dwellings/OR Oceanfront Resort South �. �,K4 :.. ;.•yl 22nd Street � `` �` Single-family Dwellings, Multi-family Dwellings, - ,•„ Duplex Dwellings/OR Oceanfront Resort East Townhouse Dwellings, Attached Dwellings/OR Oceanfront Resort West Townhouse Dwellings,Attached Dwellings/OR Oceanfront Resort 17HsT ° ;u _4 Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 1 Background of • . • Site Conditions and History • This 3,173 square-foot lot is zoned OR, Oceanfront Resort. • According to City records,this four-bedroom home was constructed in 2017. • Staff inspected the site on August 21, 2023 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking on the street during the restricted hours. • The Department received a complaint regarding illegal use of this property as a Short Term Rental. The area inspector conducted an inspection on August 18, 2023 and it was determined that the applicant previously advertised and rented this property on a short-term basis. • According to the applicant,this property was not used for Short-Term Rental purposes prior to July 1, 2018. • Known Short Term Rental activity as of September 19, 2023: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2023 No Short Term Rentals in the Vicinity „ - rV rc r U _ Y � -tr Short Term Rentals " - `_j r 1 1�- � 1'(.t. _ • 6TR hrrnls Summary of Proposal Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 2 The applicant submitted a Conditional Use Permit request to operate a four-bedroom Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm: 8 • Number of parking spaces required (1 space per bedroom required):4 • Number of off-street parking spaces provided:4 t , � � era Zoning History OR # Request 1 STR Approved 12/13/2022 1 1 1 R Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental Evaluation • • • The applicant is requesting to operate a four-bedroom, 2,371 square-foot Short Term Rental in a residential townhome dwelling along 22nd Street.The parcel is in the Oceanfront Resort(OR)Short Term Rental Overlay District,where Short Term Rental use is to be expected. Constructed in 2017,the structure at 523 22nd Street lies on a city block bounded by 22nd 1/2 Street to the north, Baltic Avenue to the east, 22nd Street to the south,and Mediterranean Avenue to the west.The surrounding area is composed of single-family dwellings, duplex dwellings, multi-family dwellings,commercial offices, commercial retail, hotels,and other resort-oriented uses. Parking is provided via two assigned spaces at the rear of site,along 22nd%Street.An additional two spaces are leased off-site,from the 25th Street garage, on an annual basis.The applicant has provided Staff with a signed parking agreement for the two additional spaces.Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit(s)will be limited to two resident Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 3 passes for each unit;guest and temporary passes will not be permitted while the Conditional Use Permit is active as the ordinance requires off-street parking. The unit in question has previously been advertised and utilized as a Short Term Rental, according to City records and Host Compliance.The applicant has stated that they do not intend to continue using this unit for Short Term Rentals prior to approval of this application. Based on the information provided by the applicant,the unit appears to comply with the STR regulations found in the Zoning Ordinance. Staff received three letters of support for this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 523 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. A third and fourth (3'd and 4th ) parking space, at a location subject to approval by the Zoning Administrator,shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP),while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 4 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site,except that each short term rental shall have one (1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom,which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks, porches,and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use.The report must indicate the maximum number of Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 5 occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways,decks, porches,and balconies must be posted on each level of these structures. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three letters of support have been received by Staff. • 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 • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, October 31,2023 and November 7,2023. • 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 30, 2023 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virciiniabeach.-gov/city-council on November 10, 2023. Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 6 Site Layout& Parking Plan � • / . 4*� . . ate. . . . . . . . . v« 2 521 . S zl % 627 . . » - � � a- d Ted R. McGlynn & Michael L. McGlynn Agenda Item la Page 7 Offsite Parking Proposal 1i th Sal 25 M Street Parking Garage Ilk i`. � •� � .� s 11` it '� Y , *� i s u n r1 t ; I , d � W. 4r ; ➢ _ .A. JY.��•+a Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 8 r Site Photos .Y' 35 ems_ Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 9 �4 Site Photos ti w r 3 4 I �w r� Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 10 Disclosure Disclosure Statement Cal Planning&Community Development F� 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 Traci R McGlynn Does the applicant have a representative? ❑YeS R NO • If yes,list the name of the representative, Is the applicant a corporation,partnership,firm,business,tent or an unincorporated business?❑Yes 19, 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. '"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 1;09 2n'o 1 I Pale Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 11 Disclosure Disclosure Statement X ID C*3 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-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? K Yes ❑ No • If yes,identify the financial institutions providing the service. Penny Mac 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes K 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 K 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 W, No • If yes,identify the purchaser and purchaser's service providers. zl Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 12 Disclosure Disclosure Statement *1in 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 R 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 Traci R McGlynn Owner Print Name and Title August 1,2023 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. that pertains to the applications --f ` 08" 1/1/2023 'wre vrtnc N•m. r 11.09.2020 3( Page Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 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. Traci R. McGlynn & Michael L. McGlynn Agenda Item 18 Page 14 STR VICINITY MAP TERI AND MICHAEL MCGLYNN 52r' p , l 1 'jib Short Term Rentals STR Fermis Virginia Beach Planning Commission October 11, 2023, Public Meeting Agenda Item # 18 Traci R McGlynn & Michal L McGlynn RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: All right, thank you. Is there any opposition to this short term rental? Thank you. All right, and the last item is item number 18, Traci McGlynn and Michael McGlynn, short term rental. Ms. McGlynn: My name is Traci McGlynn. Mr. McGlynn:And my name is Michael McGlynn. Mr. Horsley: All the conditions acceptable for short term rental? Ms. McGlynn: Yes. Mr. Horsley: Thank you. Is there any opposition? Thank you. Hearing none, there is no opposition to any of the short term rentals. I've asked Commissioner Plumlee if he would read all of those into the record. Mr. Plumlee: Thank you very much and I take it based that Mr. Bourdon had presented a changed condition that none of us felt that that change modified their position with regards to having this on the consent. It does not mind this. Is it or we could find. Okay. So, the Fountain LLC submission is a 6742 square foot lot zoned OR Oceanfront. The records show it's a dwelling of two bedroom homes constructed in 1945. There are no past violations for this site and staff has recommended the short term rental conditional use permit for this location and the commission has decided it's appropriate for consent. With regards to the Ashley Guller property, Ms. Guller has accepted the conditions and again, this has made the consent item, I'm hustling through this information as fast as the computer will let me do it, and also finally Traci McGlynn and Michael McGlynn have agreed to the conditions with regards to the short term rental and both staff has recommended approval and the Planning Commission has accepted this as a consent item. Mr. Horsley: Thank you, Mr. Plumlee. And now I'd like to, Chairman, I'd like to place in a motion that we accept item number one, Whitney W. Elliott and Matthew Mancoll. Item number six, Bonney Bright Sand. Item number nine and 10 Burnette Baum Development Corporation, number 12 Excel Fitness, Virginia 9 and items number 13 through 18, short term rentals moved they be approved. Mr. Alcaraz: Thank you, Mr. Vice Chair. I have a motion. Do I have a second? Mr. Plumlee: Second. Mr. Alcaraz: Second by Mr. Plumlee. Thank you. Madam Clerk: The vote is now open. By a vote of 11 to 0 items 1, 6, 9, 10, 12, 13, 14, 15, 16, 17, and 18 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Horsley AYE Parks AYE Plumlee AYE CONDTIONS 1. The following conditions shall only apply to the dwelling unit addressed as 523 22nd Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A third and fourth (31 and 4th ) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s)through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1) four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. August 25, 2023 AM To: Virginia Beach City Council From: Garry & Paula Whitehurst 509 22 112 Street Virginia Beach, VA. 23451 The of this letter is to state that we-a purpose pprove ��e "decision to short term rent the property at 523 22nd Street, Virginia Beach. This property is one of 14 units that were built in 2018 with the sole intention to be used asp STIR. The owners, Michael & Traci McGlynn, have made it a point to introduce themselves and have provided us with direct contact information. They live locally and have assured us that the vetting proces for their STIR renters will be thorough.4 ` -rq" hitehurst &AIWO Paula Whitehurst Karlo Obcemea August 24, 2023 Property Owner 525 22"d Street Virginia Beach,VA 23451 703-304-7412 Traci Mcglynn 523 22"d Street Virginia Beach,VA 23451 Traci, Per our discussion I am in support for your STR application. If anyone has any questions,they can call me at 703-304-7412. Thank you, Karlo Obcemea 8125123 To: Planning Commission Virginia Beach,VA From: Kelley Wisenauer 521 22"d Street Virginia Beach,VA 23451 Subject:Adjacent Neighbor Approval of Short-Term Rental -523 22"d Street,Virginia Beach VA 23451 To Whom it May Concern: I'm the next-door neighbor to Traci McGlynn who has recently purchased a property at 523 22nd Street, Virginia Beach, VA 23451. As her adjacent neighbor, I approve the use of their property as a short-term rental. Traci made a point to introduce herself and has provided me with contact information. Thank You, C � Kelley Wisenauer N. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH CDC VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes 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. og v/city_ council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliusgvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https:Hvbgov.webex.com/weblink/register/r704598eb4866c85c8db8O768fl 8c2b8e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 14, 2023. CITY OF VIRGINIA BEACH It SUMMARY OF COUNCIL ACTIONS S B S E S DATE:10/17/2023 PAGE: 1 R H C L H V R A H I W w U E A E M R U A I C D N C M M O L Y L C Y L A 1 O U M L S AGENDA H E E N C N S A O O 1: ITEM# SUBJECT MOTION VOTE I R Y I K I D E I N R N N I. CITY COUNCIL'S BRIEFINGS A. OCEANA VOLUNTEER FIRE Wayne Richardson, DEPARTMENT SUPPORT TRUCK Chief—Oceana (Requested by Mayor Dyer and Council Volunteer Fire Member Taylor) Department B 2023 RESORT EVENTS ECONOMIC Nancy Heiman,Director IMPACT STUDIES —Convention and Visitors Bureau Dr.Vince Magnin, Executive Director— Institute for Service Research C. RUDEE LOOP RFQ PROCESS REVIEW Michael Kirschman, Director—Parks and Recreation II-VI CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y A Y Y Y Y A-F SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 9-0 Y Y Y Y Y A Y Y Y Y October 3,2023 2. FORMAL SESSION APPROVED 9-0 Y Y Y Y Y A Y Y Y Y October 10,2023 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION-HISPANIC AND LATINO 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,Beast Cancer survivor CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS S li S L S DATE: 10/17/2023 PAGE: 2 R II C L H v R A H I W W U E A E M R U A I O C D N ( 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 H. MAYOR'S PRESENTATION 4. RESOLUTION IN SUPPORT OF ISRAEL ADDED AND DENOUNCING TERRORIST ATTACK Betty Ann Levin-CEO David Deon—President United Jewish Federation of Tidewater I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT 4 SPEAKERS Implement 10-1 Election System 2. PROPOSED CHARTER AMENDMENT 5 SPEAKERS Filling Vacancies on City Council 3. PROPOSED CHARTER AMENDMENT NO SPEAKERS Membership of Board of Equalization 4. APPROPRIATION OF FEDERAL NO SPEAKERS REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Eastern Shore Drainage Improvements 5. ACQUISITION BY AGREEMENT OR NO SPEAKERS CONDEMNATION The Lakes South London Bridge Creek Channels and Gate Project 6. ACQUISITION BY AGREEMENT OR NO SPEAKERS CONDEMNATION Kemps Lake Water Quality Improvement Project 7. DEDICATION OF EASEMENT TO NO SPEAKERS 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 NO SPEAKERS GRANT(JAG) 2. 2024 DRAFT LEGISLATIVE AGENDA 4 SPEAKERS L.1. Ordinance to AMEND City Code Section 35.3- ADOPTED 7-2 Y Y N Y Y A Y Y Y N 10 re extend the sunset provision for the Chesopeian Colony Area Dredging Special Service District L.2. Resolution to EXTEND the City/School ADOPTED 9-0 Y l' Y Y Y A Y Y Y Y Revenue Sharing Policy re change June 30, 2024 to June 30,2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 10/17/2023 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 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 L.3. Resolution to DIRECT the City Manager and DEFERRED 6-3 Y Y N Y Y A Y N Y N City Attorney to CONDUCT a study and INDEFINITELY RECOMMEND any necessary changes to the 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) L.4. Resolution to AUTHORIZE City support fora WITHDRAWN,BY 9-0 Y Y Y Y Y A Y Y Y Y City Council Member-sponsored event re Level CONSENT Green Fall Festival (Requested by Mayor Dyer and Council Member Wooten) L.5. Ordinance to ADOPT the FY 2024-25 ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y Focused Action Plan (Requested by Vice CONSENT Mayor Wilson and Council Members Berlucchi,Remick,Ross-Hammond,Rouse and Schulman) L.6. Ordinance to DECLARE easements in DEFERRED TO 8-0 Y Y Y Y Y A Y Y A Y EXCESS of the City's needs and OCTOBER 24,2023 B AUTHORIZE the sale of easements to S Dominion Energy Virginia re Electric T Transmission Corridor for the Coastal A Virginia Offshore Wind Project DISTRICTS 1 2,5 and 6 N E D L.7. Ordinance to DECLARE 1,804+/-square feet ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y of City-owned property on Ferry Point Road CONSENT in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to the adjoining property owners DISTRICT 7 L.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y encroachments into 10' City Maintenance CONSENT 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 L.9. Ordinance to AUTHORIZE temporary ADOPTED,BY 9-0 Y Y Y l Y A Y Y Y Y encroachments into a portion of City-owned CONSENT 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 L.10. Ordinance to APPROPRIATE S8.5-Million ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y from General Fund Balance and TRANSFER CONSENT as pay-go funding to Capital Project#100664 5/31 Memorial CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:10/17/2023 PAGE: 4 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 < 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 VOTF I R Y i K D E N R N N L.11. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 0-0 Y Y Y Y N' A Y Y Y N' Grant Funds totaling$72,122 from the Edward CONSENT 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 L.12. Ordinance to ACCEPT / APPROPRIATE ADOPTED,BY 9-0 Y Y Y y y A Y N' N' 1' $63,356 from the Office of Executive Secretary CONSENT 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 L.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY Q-0 l l' 1' y Y A N' N' Y N $52,031 from the Library of Virginia,State Aid CONSENT Grant to the FY 2023-24 Public Libraries Operating Budget repurchase books and other materials for the print and digital collections L.14. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 N' N Y Y N' A N' $50,000 from the Commonwealth of Virginia to CONSENT the Human Services Operating Budget re treatment programs provided by the Substance Use Outpatient Services Program I _I Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY e-n Y Y y Y N' A Y Y Y N $20,780 from the Virginia Department of CONSENT Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re programs that address problem gambling L.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY q-0 Y Y N' $20,000 from the Summer Jobs Connect CONSENT Program Grant to the FY 2023-24 Parks and Recreation Operating Budget re Summer Youth Employment Program L.17. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 9-0 N' Y N' y A Y N' N' 1" $3,713 from the Virginia Department of CONSENT 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.1. W.W. REALTY ASSOCIATES, LLC & APPROVED/ 9-0 Y Y Y y Y A y N' N' y FRANK T.WILLIAMS for a Modification of MODIFIED/ Conditions to a Conditional Use Permit and CONDITIONED,BY Variance to Section 4.4(b)of the Subdivision CONSENT Regulations re reconfigure two(2)lots at 5309 Morris Neck Road&adjoining western parcel DISTRICT 2 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS S B E S DATE: 10/17/2023 PAGE: 5 IZ H C L II V R A H T W U I 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 T K D E N R N N M.2. FRANKLIN JOHNSTON GROUP APPROVED/ 7-2 Y Y N Y 1' A Y N Y Y MANAGEMENT&DEVELOPMENT,LLC MODIFIED/AS /ADDIE S. VANDEMEL REVOCABLE PROFFERED/ TRUST & ET AL, WILLIAM E. & CONDITIONED 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 M.3. COMMONWEALTH BREWING APPROVED/ 9-0 Y Y Y COMPANY, LLC / COMMONWEALTH MODIFIED/ BREWING COMPANY,LLC&CITY OF CONDITIONED,BY VIRGINIA BEACH for a Street Closure of a CONSENT portion of Lake Drive adjacent to 2444 Pleasure House Road DISTRICT 9 MA. COMMONWEALTH BREWING APPROVED Y Y Y Y Y A 1' Y Y Y COMPANY, LLC for a Modification of MODIFIED/ Conditions to a Conditional Use Permit re CONDITIONED,BY expand to accommodate additional outdoor CONSENT seating and parking spaces at 2440 and 2444 Pleasure House Road DISTRICT 9 M.5. RED CHURCH,INC.for a Modification of APPROVED/ 9-0 l' Y Y N 1 A Y Y l Y Conditions to a Conditional Use Permit re MODIFIED/ religious use at 245 South Rosemont Road CONDITIONED,BY DISTRICT 3 CONSENT M.6. CHRISTOPHER GREGORY/PRINCESS APPROVED/ 9-0 Y Y Y Y Y A Y Y Y Y ANNE/WITCHDUCKASSOCIATES 1,LC, MODIFIED/ C/O ROBINSON DEVELOPMENT GROUP CONDITIONED,BY for a Modification of Conditions to a CONSENT Conditional Use Permit re install freestanding signs at 5152 and 5168 Princess Anne Road DISTRICT 3 M.7. WYCLIFFE PRESBYTERIAN CHURCH DEFERRED TO 9-0 Y Y l 1 1 A Y N' l l for a Modification of Conditions to a NOVEMBER 21,2023 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) M.8. EMILY MCGRAW / VB REGATTA APPROVED/ >-o Y Y Y Y Y A Y Y Y Y CENTER ASSOCIATES, LLC for a CONDITIONED,BY Conditional Use Permit re tattoo parlor at CONSENT 3636 Virginia Beach Boulevard, Suite 110 DISTRICT 8 M.9. LAUNCH CREATIVE SPACE, LLC / APPROVED A Y Y Y Y MARINA SHORES REPAIR CORP.for a CONDITIONED,BY Conditional Use Permit re assembly use at CONSENT 2865 Lynnhaven Drive,Suite C 1 DISTRICT 8 CITY OF VIRGINIA BEACH k SUMMARY OF COUNCIL ACTIONS S B S E S DATE: 10/17/2023 PAGE: 6 R II C L H V R A H T W W U E A D \1 R U A I 0 C D N ( M \1 0 L Y L 0 C Y L A I U M L S T AGENDA H E E N C N S A 0 0 E ITEM# SUBJECT MOTION VOTE I R Y I h U F N R N N M.10. MARINA SHORES REPAIR CORP.for a APPROVED/ 9-0 Y Y Y Y 1" A Y 1' Y Y Conditional Use Permit re bulk storage yard at CONDITIONED,BY 2865 Lynnhaven Drive DISTRICT 8 CONSENT M.11. BHATT BROTHERS, LLC / RED MILL APPROVED Y A Y Y Y 1" WEST,LLC for a Conditional Use Permit re CONDITIONED,BY tattoo parlor at 1169 Nimmo Parkway,Suite CONSENT 224 DISTRICT 5 M.12. Resolution to ADOPT and INCORPORATE APPROVED,BY Q-0 Y Y Y Y Y A Y Y Y Y into the Virginia Beach Comprehensive Plan, CONSENT 2016 re Virginia Beach Historic Preservation Plan,2023,which will supersede the Historic Resources Management Plan,1994 D APPOINTMENTS RESCHEDULED 13 l' ( () S S I N S I S 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 PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH VA250 COMMITTED: WETLANDS BOARD ACTIVE TRANSPORTATION ADVISORY Appointed: 9-0 Y Y Y 1' Y A Y Y Y Y COMMITTEE Dan Edwards Parks and Recreation Commission Liaison Unexpired Term thru 8/31/2024 +3 Year Term 9/l/2024—8/31/2027 BOARD OF BUILDING CODE APPEALS Jeffrey Scott 9-0 Y Y Y Y Y A Y Y Y ti Representing Mechanical Contractor Unexpired term dim 5/31/2025 Dalton Davidson Representing Alternate Member 5 Year Term 10/17/2023-9/30/2028 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 10/17/2023 PAGE: 7 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 T K D E N R I N N OPEN SPACE ADVISORY COMMITTEE Appointed: 9-0 Y Y Y Y Y A Y Y Y Y Marguerite Alley Unexpired term thru 5/31/2025 Phillip Hines Parks and Recreation Commission Liaison Unexpired thru 2/28/2026 Cecilia Kocan Gavin Wehr Representing Student Members 10/17/2023—6/30/2024 PUBLIC LIBRARY BOARD Appointed: 9-0 Y Y Y Y Y A Y Y Y Y Jennifer Clements Representing Virginia Beach City Public Schools Employee 4 Year Term 10/17/2023-9/30/2027 VIRGINIA BEACH COMMUNITY Appointed: 9-0 Y Y Y Y Y A Y Y Y Y DEVELOPMENT CORPORATION Gary Sharpe Unexpired Term thru 12/31/2027 VIRGINIA BEACH VA250 COMMITTEE Appointed: 9-0 Y Y Y Y Y A Y Y Y Y Lee Lockamy Tribal Representative 10/17/2023—7/4/2026 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 11:51 PM CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S t3 S E 5 DATE: 10/24/2023 PAGE: I R H C L H V R A II 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 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 I. SPECIAL FORMAL SESSION A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer I.READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL ll. CITY COUNCIL'S BRIEFINGS A. 2024 PROPOSED LEGISLATIVE AGENDA Brent McKenzie, (Requested by City Council) Legislative Affairs Liaison B. CITY STAFF RETURN TO CAMPUS& L.J.Hansen,Director— BUILDINGS 2,3&l l UPDATE Public Works (Requested by City Council) C. DISTRICT IDENTITIES COMMUNITY Tiffany Russell,Director ENGAGEMENT EFFORT —Communications Focused Action Plan Item 3.10 Emily Labows,Director— (Requested by City Council) Cultural Affairs Ill. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Kaitlen Alcock,Planning Administrator IV-VII CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y Y Y Y A Y SESSION VIII. ORDINANCE ADOPTED 9-0 Y Y Y Y Y Y Y Y A Y 1. 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(Deferred on October 17,2023) IX. ADJOURNMENT 6:01 PM