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Home My WebLink About7-9-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �Ni BgA VICE MAYOR ROSEMARY WILSON-District 5 �QG �fl MICHAEL F.BERLUCCHI-District 3 G4 BARBARA M.HENLEY-District 2 \ 2 DAVIDHUTCHESON-District I ! rj ROBERT W "WORTH"REMICK-District 6 11 DR.AMELLI N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 JOASHUA F. 'JOASH"SCHULMAN-District 9 °F °ue ■.j0'y CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITYMANAGER-PATRICK A.DURANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATFORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS July 9,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-""DA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 2:30 PM A. MICRO-TRANSIT PILOT PROGRAM UPDATE Ray Amoruso, Chief Planning& Development Officer, Hampton Roads Transit B. PROCESS IMPROVEMENT STEERING COMMITTEE(PISC) - 3:00 PM PROMPT PAY PROJECT Tuck Bowie, Vice Chair—PISC II. CITY MANAGER'S BRIEFINGS A. PRINCESS ANNE VILLAGE 3:30 PNI Amanda Jarratt, Deputy City Manager L.J. Hansen, Director—Public Works B. 90-DAY FESTIVAL TASKFORCE 4:00 PM Nancy Helman, Director—Convention&Visitors Bureau III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VL FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. FORMAL SESSION June 25, 2025 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA 1. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE acquisition of property in fee simple and easements either by agreement or condemnation, re the Marsh Restoration in Back Bay Project, CIP 100551 2. Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City 3. Resolution to SUPPORT the City's 2024 Round Six (6) Applications to the Virginia Department of Transportation (VDOT)re SMART SCALE Program 4. Resolution to AUTHORIZE and DIRECT the City Manager to Execute the Second Amendment to the Memorandum of Agreement (MOA) re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission 5. Resolution to APPROVE the City's Participation re the proposed settlement of Opioids- Related Claims 6. Ordinance to AUTHORIZE temporary encroachments into two(2)City-Owned maintenance easements and variable width impoundment easement re construct, and maintain a rip rap revetment and a wood dock and maintain an existing plastic shed and an existing wood split rail fence at the rear of 1937 Haviland Drive DISTRICT 5 7. Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of- way known as Atlantic Boulevard(formerly Ocean Avenue),commonly referred to as the City Greenbelt, adjacent to 901 Atlantic Avenue re construct, and maintain a stairway to patio area, paver walkway for ADA access, foot wash, landscaping, LED lighting, concrete retaining walls level with lower patio and glass panel fence, handrails, paver patio and entry area DISTRICT 5 8. Ordinance to ACCEPT and APPROPRIATE $820,798 from the Department of Criminal Justice Services (DCJS) to the FY2024-25 Office of Volunteer Resources Operating Budget re various initiatives related to training and resiliency 9. Ordinance to ACCEPT and APPROPRIATE $10,701 from the Commonwealth to the FY2024-25 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly J. PLANNING 1. NMP—C4 FAIRFIELD S/C, LLC for a Variance to Section 4.4 (b) of the Subdivision Regulations re subdivide the property to create a separate parcel for the existing McDonald's restaurant at 5242 Fairfield Shopping Center & 5236 Providence Road DISTRICT 3 RECOMMENDATION: APPROVE 2. CRAIG M. & KRIS C.KIRBY for a Street Closure re approximately 563 square feet of an unnamed, and unimproved alley, adjacent to the rear of 631 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVE 3. HOLLY ROAD, LLC for a Street Closure re portion of an unnamed, unimproved 15' Lane and an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive DISTRICT 6 RECOMMENDATION: APPROVE 4. AUTOBELL CAR WASH, LLC / MALBON BROTHERS PETROLEUM, LLC for a Modification of Proffers to a Conditional Change of Zoning and Modification Conditions to a Conditional Use Permit re redevelop an existing manual car wash facility with a new 3,350- square foot automated car wash facility at 1896 General Booth Boulevard DISTRICT 5 RECOMMENDATION: APPROVE 5. ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential re develop a ten (10) lot single-family subdivision West of Bluegrass Lane& East of 2044 Aloma Drive re DISTRICT 2 RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION-APPROVE 6. EARTHSCAPES ENTERPRISES, LLC for a Conditional Change of Zoning from B2 Community Business & I-1 Light Industrial to Conditional I-1Light Industrial re construct a 3-story, climate-controlled self-storage facility, totaling 106,800 square feet between 619 & 623 London Bridge Road DISTRICT 3 RECOMMENDATION: APPROVE 7. CHARLOTTE NECIUK/ MICHAEL & CHARLOTTE NECIUK for a Conditional Use Permit re home occupation-commercial kitchen at 2733 Pleasant Acres Drive DISTRICT 2 RECOMMENDATION: APPROVE 8. LAFLEUR PROPERTIES,LLC for a Conditional Use Pen-nit re truck& trailer rentals at 440 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: APPROVE 9. VB COMMERCIAL CENTER, LLC for a Conditional Use Permit re bulk storage yard at 4944 Euclid Road DISTRICT 4 RECOMMENDATION: APPROVE 10. JIM LUTZ/LULU 1,LLC for a Conditional Use Pen-nit re short-term rental at 915 Pacific Avenue, Unit D DISTRICT 5 RECOMMENDATION: APPROVE 11. JEFF JAGLOWICZ for a Conditional Use Permit re short-term rental at 304 28t' Street, Unit 103 DISTRICT 6 RECOMMENDATION: APPROVE 12. GREEN CLEAN HOLLAND. LLC/ALP& ALEX ASLAN for a Conditional Use Pen-nit re car wash facility at 4245 Holland Road DISTRICT 10 RECOMMENDATION: DENIAL 13. HUSSAIN SURANI / RSS WFCM2015-NXS4-VA-PAD, LLC for Conditional Use Permit re indoor recreation facility at 2058 South Independence Boulevard DISTRICT 10 RECOMMENDATION: APPROVE 14. CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 106 of the City Zoning Ordinance re public notification requirements for the Board of Zoning Appeals (BZA) RECOMMENDATION: APPROVE K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https://clerk.virginiabeach. 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 TChelius60bgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblin k/register/rf39893700c9l 88e5bd4O6bO56cce4f73 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 9, 2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:30 PM A. MICRO-TRANSIT PILOT PROGRAM UPDATE Ray Amoruso, Chief Planning&Development Officer, Hampton Roads Transit B. PROCESS IMPROVEMENT STEERING COMMITTEE(PISC) - 3:00 PNI PROMPT PAY PROJECT Tuck Bowie, Vice Chair—PISC II. CITY MANAGER'S BRIEFINGS A. PRINCESS ANNE VILLAGE 3:30 PM Amanda Jarratt, Deputy City Manager L.J. Hansen, Director—Public Works B. 90-DAY FESTIVAL TASKFORCE 4:00 PM Nancy Heiman, Director—Convention& Visitors Bureau III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION NIT FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. FORMAL SESSION June 25, 2025 H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE acquisition of property in fee simple and easements either by agreement or condemnation,re the Marsh Restoration in Back Bay Project,CIP 100551 2. Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City 3. Resolution to SUPPORT the City's 2024 Round Six (6) Applications to the Virginia Department of Transportation(VDOT)re SMART SCALE Program 4. Resolution to AUTHORIZE and DIRECT the City Manager to Execute the Second Amendment to the Memorandum of Agreement (MOA) re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission 5. Resolution to APPROVE the City's Participation re the proposed settlement of Opioids- Related Claims 6. Ordinance to AUTHORIZE temporary encroachments into two (2)City-Owned maintenance easements and variable width impoundment easement re construct, and maintain a rip rap revetment and a wood dock and maintain an existing plastic shed and an existing wood split rail fence at the rear of 1937 Haviland Drive DISTRICT 5 7. Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of- way known as Atlantic Boulevard(formerly Ocean Avenue),commonly referred to as the City Greenbelt, adjacent to 901 Atlantic Avenue re construct, and maintain a stairway to patio area, paver walkway for ADA access, foot wash, landscaping, LED lighting, concrete retaining walls level with lower patio and glass panel fence, handrails, paver patio and entry area DISTRICT 5 8. Ordinance to ACCEPT and APPROPRIATE $820,798 from the Department of Criminal Justice Services (DCJS) to the FY2024-25 Office of Volunteer Resources Operating Budget re various initiatives related to training and resiliency 9. Ordinance to ACCEPT and APPROPRIATE $10,701 from the Commonwealth to the FY2024-25 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple and easements for the Marsh Restoration in Back Bay Project, CIP 100551, either by agreement or condemnation PUBLIC HEARING DATE: July 2, 2024 MEETING DATE: July 9, 2024 ■ Background: This Ordinance is in furtherance of the Marsh Restoration In Back Bay Project, CIP 100551 (the "Project"), which is one of the City's first green infrastructure projects and will restore marsh island communities that have eroded away within Bonney Cove of Back Bay. The Project aims to create 41 marsh terraces in a footprint of approximately 47 acres of Back Bay. The Project is managed by the City's Stormwater Engineering Division, and the goals of the marsh terraces include reducing wave energy and water velocities in Back Bay to prevent wind-driven tidal flooding. The marsh terraces are expected to reduce wave heights within the Project site by approximately 45%. This reduction is consistent with other field studies, which have found that average wave heights within two terraced sites were 37% to 48% lower than those observed at the compared site. During sustained wind events that have caused widespread flooding in the Back Bay region, modeling shows that water levels to the north of the Project will be reduced by up to 0.2 feet. Approximately 5 miles of marsh island shoreline around Bonney Cove will benefit directly from the erosion reduction from the reduced wave action. The marsh terraces will reduce flow velocity within the Project area. This reduction in velocity will have the added benefit of reducing bottom shear stress, decreasing turbidity, increasing light penetration into the water column and promoting the growth of submerged aquatic vegetation and habitat and improving water quality. Model simulations showed that the Project would delay the timing of when peak flood elevation is reached during a southerly wind event. Along Muddy Creek Road, for example, the model simulations showed that the Project would delay the peak flooding by approximately 30 hours. There are multiple benefits from this delay. Flood impacts could be avoided altogether for shorter duration storms, or if strong southerly winds change direction during this period, which is common. The delay would also allow the City and residents more time to prepare for a flood event and reduce impacts. ■ Considerations: The Project will require property and easements from two privately owned parcels and one parcel of unknown ownership. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary property and easements by agreement or condemnation. The Project will create approximately 33 acres of emergent marsh habitat and approximately 310 acres of suitable submerged aquatic vegetation habitat in between the terraces. ■ Public Information: Numerous public meetings over a multi-year period supported development of the City's Comprehensive Plan that included stormwater green infrastructure methods for Virginia Beach. The Project was presented to the public at City Council Meetings and included in the City's Fiscal Year 2020-2021 CIP as a product of the Sea Level Wise Adaptation Strategy Report. A public notice for willingness to hold a Location and Design Public Hearing was also published October 14, 2021 and July 13, 2023. A public hearing will be held on July 2, 2024, and public notice of the item will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which will delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance, Location Map and Project Summary Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate �j� City Manager:��j %' 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 AND EASEMENTS FOR THE MARSH 4 RESTORATION IN BACK BAY PROJECT, CIP 5 100551, EITHER BY AGREEMENT OR 6 CONDEMNATION 7 s 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important stormwater green infrastructure 11 project known as the Marsh Restoration in Back Bay Project (the "Project") to protect 12 against flooding and improve the ecology within the City and for other related public 13 purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, the Project aims to create 41 marsh terraces in a footprint of 17 approximately 47 acres of Back Bay, managed by the City's Stormwater Engineering 18 Division, and the goals of the marsh terraces include reducing wave energy and water 19 velocities in Back Bay to prevent wind-driven tidal flooding. The marsh terraces are 20 expected to reduce wave heights within the project site by approximately 45%. This 21 reduction is consistent with other field studies,which have found that average wave heights 22 within two terraced sites were 37%to 48% lower than those observed at the reference site; 23 and 24 25 WHEREAS, during sustained wind events that have caused widespread flooding in 26 the Back Bay region, modeling shows that water levels to the north of the Project will be 27 reduced by up to 0.2 feet. Approximately 5 miles of marsh island shoreline around Bonney 28 Cove will benefit directly from the erosion reduction from the reduced wave action. The 29 marsh terraces will reduce flow velocity within the Project area. This reduction in velocity 30 will have the added benefit of reducing bottom shear stress, decreasing turbidity, increasing 31 light penetration into the water column and promoting the growth of submerged aquatic 32 vegetation and habitat and improving water quality. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 Section 1. That the City Council authorizes the acquisition by purchase or 38 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 39 Virginia of 1950, as amended, of all that certain real property in fee simple and easements 40 (the "Property"), as shown on the plans for the Project entitled "Marsh Restoration in Back 41 Bay" and more specifically described on the acquisition plats for the Project (plats and 42 plans collectively referred to as the "Plans"), the Plans being on file in the Stormwater 43 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 44 45 Section 2. That the City Manager is hereby authorized to make or cause to be made 46 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 47 offer to the owners or persons having an interest in said Property. If refused, the City 48 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 49 condemn said Property. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 52 , 2024. CA15812 PREPARED: 6/13/24 R-1 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d020\p042\00838882.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY J, /�7� P BL C WORK—LREA�L ESTATE CItY ATTORNE y., �6 r ` v r Ap ki Ago ND: r:. � '.•�. ,., , r r ., ..,.:. :.._ ,.. raj y hoPertl_Llna Protect Staging and Access Area OTE: � „ OCATION OF FEATURES ARE APPROXIMATE. w EE PROJECT PLANS FOR MORE DETAIL. Dewberry LOCATION MAP Back Bay Marsh Restoration Project a,s (CIP 100551) L�> theRippteEffect VIRGINIA r� BEACH �.� V1 GINIA theRippleEffect BEACH PROJECT INFORMATION FLYER What are Marsh Terraces? Marsh terracing is a coastal restoration tool used to reestablish marshes in 1 2 3 shallow,open water areas.They function Hong terrace edges,hsh and Marsh grasses on terrace slopes provide Ducks feed on the submerged crustaceans find food and nesting cover for waterfowl,while aquatic vegetation that often nursery habitat and attract the woody vegetation atop terraces offers by reducing wave energy and water grows along terrace edges. iargerhshthatfeed on them. resting perches for migratory birds. velocities. In turn,the calmer water allows more sunlight to penetrate to the shallow bottom, promoting growth of marsh and a. .G seagrass.This ultimately increases habitat quality for fish and wildlife. Project Location and Purpose The project is located within Bonney Cove,an approximately 560-acre open-water area within Back Bay that historically contained 40 to 50 percent marsh coverage.The project will establish 41 marsh terraces spanning approximately 25,000 linear feet(46.6 acres)across Bonney Cove. It is anticipated that construction of the terraces will create 13 acres of emergent marshlands, 14 acres of upland habitat,and 16 acres of submerged terrace habitat. Approximately 310 acres of unconsolidated subaqueous bottom will remain in between the terraces suitable for reestablishment of submerged aquatic vegetation habitat. Chesapeake 4 Bay t i a Atlantic C v �. Ocean ♦ 'j f t s Great Narrows i Back. �)n,a► 1"` _Bay onney w _ y ' Key Historical -� `�� •` Shoreline �.% ❑ Proposed Project Area Eroded Acres Within Project •�• �, •�• �,.�. Site Y OF VIRGINIA Lam]-�i BEACH theRippleEffect Project Need Project Steps Low-Lying and Frequent Flooding O Stakeholder Workshop:The City held a workshop The proposed site is located in the Southern Rivers with Back Bay stakeholders and regulatory Watershed which has the largest amount of low-lying agencies to gather input on permitting,design, land in Virginia Beach.These low-lying elevations are and constructability considerations. susceptible to repetitive coastal flooding during periods of © Initial Permitting:Before initiating surveys and sustained southerly winds which push water up from the monitoring research within the project site,the Albemarle-Pamlico Sound into Currituck Sound and then City secured permits from the U.S.Fish and Wildlife into Back Bay. Service,Virginia Marine Resources Commission, and U.S.Army Corps of Engineers. Referred to locally as"wind tide flooding",such events can Field Data Collection:The City collected a range result in widespread flooding.Although wind-tide flood © of field data to support engineering design events used to be infrequent,residents are experiencing including taking water quality,water level,and more intense flooding in recent years.Analysis has found flow measurements,a survey to determine depths that the worsening conditions are attributed to almost a and elevations of existing marshes,soil samples, foot of relative sea level increase in the last 50 years and and a vegetation survey to establish the types of degradation of marsh and aquatic vegetation habitat. invasive and native marsh present at the site. Ecological Decline Preliminary Design and Alternatives Analysis: O Different design options for the marsh terraces Historical analysis has revealed that over the past century, were evaluated to determine the optimal width, about 70%of aquatic vegetation has been lost and 2,000 configuration and spacing of the terraces.The City acres of vegetated marsh in Back Bay have transformed used a numerical model to evaluate benefits of the into open water.The remaining fragmented marsh preferred design configuration. lacks habitat connectivity and isolates fish and wildlife © Environmental Assessments:Through populations.The City's future condition modeling predicts coordination and consultation with the U.S. accelerated fragmentation of marsh island habitat.The Fish and Wildlife Service and the Virginia loss of these habitats would result in more frequent and Marine Resources Commission,it has been intense wind tide flood events. determined that the project lacks federal nexus and is not subject to review via the National This project is the first step in a more comprehensive Environmental Policy Act(NEPA).Nonetheless, vision of restoration in Back Bay,and the larger Albemarle- the City summarized its findings on possible environmental impacts of the project in an Pamlico estuary,to reduce flood pathways and restore Environmental Review and Basis of Design Report. valuable habitat. Stakeholder Engagement:The City held public Widening Flood Pathways Due to Sea Level Rise 0 information meetings at two critical junctures Today%Cm0lons MWShkqXfflW103ft in the engineering design process.The project team delivered a short presentation followed by Pv an open-format discussion where participants 4-- `. ' reviewed the design plans,artistic renderings,and T �= submitted comments. ' Final Engineering Design:Design plans,artistic ; r O renderings,technical specifications,construction schedule,and staging plan will be developed. r x = r Permitting:A Joint Permit Application is ject P ject i � Is. i 7;I s required for the project by the Norfolk District i L J U.S.Army Corps of Engineers for work in waters Q of the United States(including wetlands),as } , well as corresponding permits from the Virginia Marine Resources Commission and the Virginia 4 ' Department of Environmental Quality. no w .:. - Visit the project website by scanning the QR code here to learn more. Source:Marsh habitat modeling results from the City's 2018 report:Analysis of �. Marsh Response to Sea Level Rise.Thicker arrows on right show widening flood pathways. Level Wise Contact: Public Works Stormwater Engineering Center, 757.385.3934 I&A vibrantfuturejoi I iraIMU L""(101 Sea BACK BAY MARSH TERRACES Public Information Meeting The City of Virginia Beach has partnered with the U.S. Fish and Wildlife Service to design, permit, and build marsh terraces in Back Bay National Wildlife Refuge.The project will restore valuable habitat, improve water quality, and help reduce wind-driven flooding. Come learn about the project and ask your questions during the Q&A period. Wise i OCTOBER Creeds Elementary 14 School 920 Princess Anne Road 6:00 p.m. to 7:30 p.m. Virginia Beach, VA 23457 What will you learn? What are marsh terraces and what benefits will they provide? How will this affect boating and other activities in the Bay? How is the project being funded? What will the project look like? What has the City accomplished so far? What are the next steps? 7 2 3 4 5 Dewben ' 295 BENDIX ROAD SUITE 100 VIRGINLA BEACH.VA 23452 (757)355.5814 E xxE++o nand LEGEND: EXISTING ASPHALT IL EXISTING CONCRETE DRIVEWAY Q PROP05ED GEOTEXTILE In CD CD Z 1-� T� PROPOSED GEOGRID U PROPOSED ASPHALT Q Z_ � 41 � \ PROPOSED STONEFILL Z CO lY _ \ ® PROPOSED TIMBER MATTING Z Q LLI LL QC"Y ---LIMKSPf WORK Q Z Z W UYP.1 \ LIMITS OF DISTURBANCE LIMITS OF ANCE m A LIMITS OF WORK Q W Z DISB \r p' (iYv.) \ l O TN (9 \ 1n 0 le IL --`•--------- 7- ----- I �Q3 II _ -�/ —r - —�- —/ — m Q zi Do 0 /A I f l CL 1 FENCE,SEE SHEET C110 /, l/ _ / I [,ny I HYP'I / / / / / �I I SEE SHEET C11.1 FOR r' / j/ // 1/' STRUCTURAL PRE-ENGINEERED l7 /" / l ll ` -- I 11 PERMANENT GD SPAN DETAILS LA DOWN YARD TO BE CAPPED WITH/S OF VOOT / ) TIE PO MRARY SUPPORT SLURRY PIPE / WIIB STONE �l �. f/L �// -I I / CROSSING(30'APPRDX SPAN) NEW 12'HOPE FUSED `' /I / .. / /'.. /. r /// /\/ II I WELDED SLURRY PIPE vL s M F X , I L LTYP., TA LM9 e / / W s P oo x:lsoe�sl n 1.1 DESIGN �1 E:I111 4. L // / // / ll / l/l / l//- l/l E uulso. NOT FOR CONSTRUCTION 3 y F1222211311. �_ �OM AILS SHEET PIL CIZO ES(TTP i cn l If/ 1/111 3O WIDE CAVTILEVEN SLIDE /�l ��' / l / l// - / GATES.SEE-SHELL-Cl/.0 FOR .�./z ) [ONCRETE BARRIER n \I LF AS SHOWN DETAIL I.. /T- v>•. "// .. / .I/1.,. ,�/ I (TYP.OF I51 .../// ( /{/ Zp lI)ISWIDE SHEET I10FOR /( /j")" l L �, l 1 /I f l L Ra I �3p / GATES,SEE SHEET CII.O FOR /,l /' / / LAIDOWN YARD TO BE i/ ,// DETAIL .. __ ___ ____ _ _____.- /. l�1 BESTONE"17 f VDOT' U 0 / K S7 N99 1 ti✓i —y <----P+K- 1 ------ - �c_�� C�// r• Y 1// TAntivii rs o,. 11 �- p ii3 0 STM ---- --2= i111— +� CL-2..' rMX[mteiM xnwx Nr OfOWNNN LML ITT IN ry _ NEW SOLID WHITE i(a Ma®Br 0.1Y.1R v„ ►� THERMOPLASTIC EOGELINE TM (TYP.) wan u n.a osn.,K oo „F ANM SEE SHEET CII.0 FOR CONSTRUCTION PROPOSED TIMBER MATTING AS REWIRED T ROAD TRANSITION DETAIL BY THE CONTRACTOR TO THE LIMITS SHOWN.ACCESS TO THE BACK BAY ~ NAVIGABLE WATER FOR THE PURPOSES OF I h SHIPPS CABIN RD. NOTES: MATERIAL DELIVERY TO TERRACE SITE. LAYDOWN YARD.SITE PLAN A 1. SHOULD THE CONTRACTOR ELECT TO INSTALL TEMPORARY SLURRY BASINS AS DESIGNED VERSUS PRE-ENGINEERED SKID MOUNTED SLURRY BASINS,AREA OF THE TEMPORARY SLURRY BASINS SHALL BE REMOVED COMPLETELY AND THE SIDE SLOPE GRADED TO A 3:1 SLOPE AND ADDRESSED TO THE DETAIL FOR PROPOSED CRATE MATTING AS REQUIRED BY PUIft.Txo A VEGETATIVE STREAMBANK STABILIZATION. THE CONTRACT DR TO THE LIMITS SHOWN. ACCESS TO THE BACK BAY NAVIGABLE 7. SLURRY PIPE ALIGNMENT AND STARTING PIPE FROM SLURRY BASINS IS DESIGN INTENT ONLY.CONTRACTOR WATER FOR THE PURPOSES OF MATERIAL SHALL ARRANGE ALIGNMENT AND PUMPING STATION AS NEEDED TO SUPPORT THE CONTRACTOR MEANS AND DELIVERY TO TERRACE SUE. METHODS. C9.0 S3 0/65 w 1�4w'�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Petitioning the Commonwealth of Virginia to Convey Certain Real Property to the City of Virginia Beach MEETING DATE: July 9, 2024 ■ Background: The Commonwealth of Virginia (the "Commonwealth") acquired certain parcels of real property, rights-of-way, and easements located along Interstate 264 within the City of Virginia Beach (the "City"), from Witchduck Road to Newtown Road, for the construction, reconstruction, alteration, maintenance, and repair of Interstate 264 as part of VDOT Project Number 0264-134-102, RW-201, C-501 (the "VDOT Project"). Construction of the VDOT Project is complete and the Commonwealth desires to transfer to the City the portions of the parcels, rights-of-way, and easements that are no longer needed (collectively, the "Property"). The Property is more particularly described on the VDOT Project Plan Sheet Nos. 3CRW, 4RW, 4ERW, 5RW, 5CRW, 5CRW(1), 7RW, 7CRW, 8RW(1), 8RW(2), 8CRW, 9RW, 10RW, 11 RW, 11 F RW(1), and 11 F RW(2), which are attached to the Resolution as Exhibit A. Portions of the Property contain public infrastructure, and ownership would facilitate the City's continued ability to maintain such infrastructure. Additionally, portions of the Property are located adjacent to Kemps Lake and would facilitate the construction and completion of the City's Kemps Lake Water Quality Improvement Project (CIP 100567) (the "City Project"). The Commonwealth will not begin the process of transferring title to its property to a locality until that locality formally petitions the Commonwealth pursuant to § 33.2-907 of the Code of Virginia (1950), as amended. On March 19, 2024, City Council approved a Resolution (RES-04257) petitioning the Commonwealth to convey a segment of the Property that was specifically needed for the City Project. The Commonwealth responded that a Resolution requesting all of the Property was required. Accordingly, this Resolution requests that all the Property be conveyed to the City. ■ Considerations: Comments by City staff from multiple departments recommend acquiring the Property. The City Project is expected to commence in November of 2024. Conveyance of the Property to the City would not affect funding from the Commonwealth or increase costs to the City. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Commonwealth of Virginia retains title to the Property. ■ Recommendations: Approval. ■ Attachments: Resolution, Plan Sheets (Exhibit A) Recommended Action: Approval. Submitting Department/Agency: Public Works / Real Estate City Manager, bj 1 RESOLUTION PETITIONING THE COMMONWEALTH 2 OF VIRGINIA TO CONVEY CERTAIN REAL 3 PROPERTY TO THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired 6 parcels, rights-of-way, and easements located in the City of Virginia Beach (the "City") 7 incidental to and for the construction, reconstruction, alteration, maintenance and repair 8 of Interstate 264 as part of VDOT Project Number 0264-134-102, RW-201, C-501 (the 9 "VDOT Project"); 10 11 WHEREAS, all aspects of the VDOT Project are complete and portions of the 12 parcels, rights-of-way, and easements acquired are no longer needed by the 13 Commonwealth (collectively, the"Property"), as more particularly shown on VDOT Project 14 Plan Sheet Nos. 3CRW, 4RW, 4ERW, 5RW, 5CRW, 5CRW(1), 7RW, 7CRW, 8RW(1), 15 8RW(2), 8CRW, 9RW, 10RW, 11 RW, 11 F RW(1), and 11 F RW(2), attached hereto and 16 incorporated herein as Exhibit A; 17 18 WHEREAS, the Property contains public infrastructure that the City maintains and 19 will continue to maintain; 20 21 WHEREAS, portions of the Property are located adjacent to Kemps Lake and 22 would facilitate the construction of the Kemps Lake Water Quality Improvement Project 23 (CIP 100567) for the design and construction of water quality improvements to Kemps 24 Lake, which is scheduled to begin this fall; 25 26 WHEREAS, pursuant to § 33.2-907 of the Code of Virginia (1950), as amended, 27 the Commonwealth requires a formal petition from the locality for the transfer of the 28 Property; and 29 30 WHEREAS, City staff and City Council believe it would be in the best interest of 31 the City for the Property to be conveyed to the City. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. That the City hereby petitions the Commonwealth, pursuant to Section 33.2- 37 907 of the Code of Virginia, as amended, to take such actions as necessary to complete 38 the conveyance of the Property to the City and upon transfer, the Property shall cease 39 being a part of the State Highway System. 40 41 2. That the City Manager, or his authorized designee, is hereby authorized to 42 execute any and all documents to complete the conveyance of title to the Property so 43 long as said documents contain such terms, conditions and modifications as may be 44 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 oS P Bl-tt WORK , REAL ESTATE IT A OR CA16486 yf \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d011\p047\00972026.docx R-1 June 26, 2024 EXHIBIT A .....,,u� LIATEO ACCESS HGHWAY « or a1 L"'^�'^' LOOTED ACCESSHW*Arw L Y�eYO[MYbr�4NeNYw t�NtPle xBl.:To Trpl1'.,t VA Slate PWw C Y.w NAp e] VDDT Raptl LpaMnTef 3-7 1.1f R.lr eefin s. 6rB;usemowFaa1 RIGHT OF WAY PLAN SHEET SHOWING `'srµ * o o+4120 "'"� ].NLIBPIv mwe vaN,w M tm c,nne:I.n a.,w.m Ft.wn,..F.as n DDC ID1 a.nws c..��n �.L MOW2018 0261•/34-p2 liN'•201; AReranednm P,PoaAlra wB T--VDOT P.-1 CurOimlae mxNa 83VMwa PROPERTY FOR A��: . 12IO2r-'O Vw 264 . 3CRW C'S0! GENERA MOTES: COMMONWEALTH OF VIRGINIA ' PIY I.Yreaee Fp AcquaNan onN Am 1—upr..wte City Of Norfolk•Vlrp/No 6 A eM.",&— City Of Virginia Beach Vlrginia v z Fmwnr L.,e minmm°n I.Bweoon Pxx Am Deeas a RecwU. 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I 8 R• Pwa Tl np Oprnna,anFwnrm Fw Sap sa R,p3,r e.2esl- POT IOOODO C/eorfle/d Avenue COrlstructlar c-__•' � �. j � it � 2 5 aO� i r'---.-. 1 i i tti 0 r ` I SEE SHEET 8RW(1)FORS 0-_—.- & w r[ t - _ BEARINGS R DISTANCES m -OF'°rF3_ 1T^"'rnrAsrKxs _P__ $ E - ..._.._..DOnpfIt—LAFCKxr3 --_- - E-.wAlwrNrYn a WED d 5 1p 7; 11oIy -rP- tp 5 '�•a+0rrs Procsro x.�!t+rrm rttss x S�9RW GENEPN NOTES: Ta£ Pr■awr h864 roalrlCan B ------------------- - - oe.aes Fnonsr0... a4 © b ImxVee ro,AcypM C+Yy Ala Dow Na Oanawm g O CITY OF VIRGINIA BEACH SOLUToys£NT RPR/SFS LLC - �$ ® rcRar3 Pr,vvsr0 PrxrYrxr A nsO1"'"s""'" d O59 /nnrwn..•Zd4rrBJdle6BBJ Nmrumry•20G aNAaaa rarKK y■q$■k y■ OI 2.ProoerryFLrne IrRmnwen H enee w Pba AM O,eUA d RaaN. 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Sa N..—Io.19e Ave ©j, S 494gq E ReFleue Parcel `GrwwkN RaN P--PRmMnnl vDOT IIMey EaaymM SV.fL eapNlo.193A ..-...._,- Coss 1 �o ldu<Parcel 033 O.f - / g VIRGINIA BEACH FREE aaa'S WILL BAPTIST pNIRCH INC RODAN KREMEN.PIWEL KREMEN. mMrumF•zaAw2,lxwaza O O O and STELLA KREMEN NWrr<rbrF•EOLR.aDOp/531R)'PLO) OST NUIrMmF•20"DeM0i159JJ'O SPIN•la6r N. ry R�'A'ImII; CPIN M A926'2 IMJ022 Se Fr 2J83 M fi � al PwaN 057 Area Caa,lonas S Pmoesee Pelmenanl D�almge Eeeamml � � I 9a.Fl 2)1o00]Pee Aem ,Rae, \.•v,_—-- % KENNETH H.LCUK AND ANNA LLOUK "-� GENERAL NOTES: 059 CITY OF VIRGINIA BEACH Dig 604 FG 450 / / D9 6O PG M t PIM 1e lmrdae Fa A-—QNY I-Doss Na cammA. GREEMNICN ACAO R/W `Y/ P-1059 A,.Cckvlaltan5 ` '� r�' GPM•1diW'B/-29.T2 Y y GPIN•N61b3dI5 2 MeveAY Lma InbrmWan R Baeee on Ptah Ana DMMe p Ramm Pmpaxe Ron+d Way eM Lmmleo Mcesv Sa Fla2l14lOtiTe Ave AA9565 Sp FI L�nAN Flag Wak Wee ParlomnW In TMC�aMSndThis Pln Parcel 046 sea Cakulatms P!ve°aee Po�memm panmae Fasemem 5a FI.3,)e)I00e)Aaa P—eed RiMNOWry Sa.Fl 169:0004 Ave 2 Cww°lMney HalMEtevrnbarrle MaYB TMDe0kfi4 mpaaM PomumM Mamynanm Eaaemnt Sa F+. —r 0.1.Ave Pnppe4 PMmerent Draewea Eramerx 3a Ft 159 r 001)Ave P—ee'TemeaalY C°me a—Eaaemam Far SMm Sa F1265,t0.081Acm ° llee Aar Wee F—e ON O :nE.l 1e*MRON-FrrreelCITY OF 5121GRE£NWACH ROAaLLC sKK n VIRGINIA #ACH lee e 00qwmcay -.1 � Dev OV53 PG 2l11 92 PC 20 r• Ol TaneoonMlm HerrlFlon Roa�debitl OlNro PDD 125J FO 2x) GPfN/x•N6]T25rt5 M1JO GPIN•Nb]b293, 082e Ac 6212 5 MP--PnYMFallmaawnwlMMNF181cam MRa1 J6�e r SEE SHEET 11FRW/1)FOR pace, OJS ArEOCalcukHDu �,'�" 6 Tn sa�ey DMus MBwae OnITWO Parcel 034 Area CacWa)ons vrwoeee PMntwar4 vDOT lmIm EUMnent sa rt x.otlo.al6ApN �, BEARINGS & DISTANCES sole 1as.+a2,Rzo+,IRCN11e00 Agem Proweaa Par—DrM—I-- S9 FL 190)'I-- h Q AOIE:AN SAY/uM"Offs M Fr Tee CMMrwAM,B0111/l1 Pr°Pss1 PermMunt V WT UN y Eeumem Se Ft 21.61710.M Aae rl t' e.Mln6e Ard uM6Nee m PerMFregs M Nelss aw =- � m,! 0264-134-p2 NFRwr21 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of the City's 2024 Round Six Applications for the Virginia Department of Transportation SMART SCALE Program MEETING DATE: July 9, 2024 ■ Background: The Virginia General Assembly passed legislation in 2014, requiring the development of a prioritization process directing the Commonwealth Transportation Board (CTB) to develop a scoring process for project selection. Virginia's SMART SCALE program is about selecting the right transportation projects for funding and ensuring the best use of limited tax dollars. Transportation projects are scored based on an objective, outcome-based process that is transparent to the public and allows decision-makers to be held accountable to taxpayers. The SMART SCALE process evaluates projects on the following five weighted criteria: Congestion Mitigation (45%), Safety (15%), Accessibility (25%), Environmental Quality (10%), and Economic Development (5%). Land Use Coordination is used as a multiplier on all other benefits. Resiliency is also given consideration; however, it is not factored into the score. SMART SCALE is a grant program with funds only available on a reimbursement basis. Based on the aforementioned SMART SCALE evaluation measures, the following five (5) transportation projects have been identified as candidate projects for SMART SCALE Round 6 funding. 1. First Colonial Rd Widening (Republic Rd to Old Donation Pkwy) (Council Districts 6,8) This project includes a 1-mile roadway widening from Republic Road to Old Donation Parkway, expanding the four-lane roadway to six lanes. This widening will include a realignment of the five-leg intersection at Wolfsnare Road to four-legs, signal upgrades at existing signalized intersections, upgrades to transit stops along the corridor, and a 10-foot-wide shared use path along the west side of the roadway. These improvements will add capacity to address congestion. Signal modifications will upgrade span wire signals to mast arm signals. This project will improve access to the critical medical corridor and the Hilltop shopping area. The Total Project Cost is approximately $58.8 million. The City will request $43.8 million in SMART SCALE funds and commit $15 million (25.5%) of FY30 and/or FY31 local funds. 2. Dam Neck Road and Drakesmile Road Intersection (Council District 5) This project involves converting the existing signalized "T" intersection to a continuous green "T" intersection. This intersection improvement will include lane transitions needed to accommodate the southbound dual left-turn movement at Drakesmile Road and its transition into the existing two eastbound through lanes along Dam Neck Road. These improvements will add capacity to address congestion and improve traffic flow to and from Dam Neck Naval Base as well as travel between Dam Neck Naval Base and NAS Oceana. The project will include stormwater improvements. The Total Project Cost is approximately$10.5 million. The City will request$9.5 million in SMART SCALE funds and commit$1 million (9%) of FY30 and/or FY31 local funds. 3. Laskin Rd Phase II (Oriole Dr. to Saltmeadow Bay Dr.) (Council District 6) This project will widen the roadway from Oriole Drive to Saltmeadow Bay Drive, expanding the four-lane roadway to six-lanes. This widening will include turn lane and signal improvements at the existing signalized intersection of Laskin Road and Oriole Drive, as well as remove the adjacent service road and add a shared use path along the north side of the roadway prior to transitioning back to the existing typical section to the east towards the roundabout. These improvements will improve traffic flow to and from First Colonial Road to the Resort Area. The project will include bicycle and pedestrian safety improvements with a shared use path on the north side of Laskin Road and a new sidewalk on the south side of Laskin Road. The Total Project Cost is approximately $19.9 million. The City will request $19.9 million in SMART SCALE funds. 4. VB Trail Phase IV (London Bridge Rd. to Birdneck Rd.) (Council Districts 5, 6) This project includes a 14-foot-wide asphalt shared use path with 2' crushed stone shoulders on each side from London Bridge Road to Birdneck Road in the former Norfolk Southern railroad alignment now owned by the City. This trail includes at- grade pedestrian crossing improvements, lighting and security, and landscaping along the corridor. This phase of the Virginia Beach Trail will tie into the remaining phases of the trail and to the regional Birthplace of America Trail. The project will be designed with efficient use of the former Norfolk Southern right-of-way to establish a fully separated off-street connection between six of the eight Strategic Growth Areas, Norfolk's Tide Light Rail station, Virginia Beach Town Center, and the Oceanfront Resort Area. The Total Project Cost is approximately $24.5 million. The City will request $24.5 million in SMART SCALE funds. 5. Pacific Ave Left-Turn Lanes (17th St. and 22nd St. Intersections) (Council Districts 5, 6)This project includes adding left-turn lanes along Pacific Avenue at 17th Street and 22nd Street. To accommodate these turn lanes and lane transitions, widening to the west side of the roadway will occur from 15th Street to 18th Street and from 20th Street to 23rd Street. Additional improvements will include modifying the existing traffic signals at 17th Street, 21 st Street, and 22nd Street, and adding pedestrian crossing upgrades across Pacific Avenue at 16th Street, 21 st Street, and 22nd Street. The Total Project Cost is approximately $29.9 million. The City will request $21.9 million in SMART SCALE funds and commit $3 million (10%) of funds from Carbon Reduction Funding appropriated during reconciliation of FY25 CIP and commit $5 million (16.7%) of FY30 and/or FY31 local funds. The total local funds commitment if all five (5) projects are awarded SMART SCALE funding is $21 million. The City is leveraging a total of $21 million to potentially receive $119.6 million in SMART SCALE funds. The five projects are summarized below. Project Total SMART Appropriated Local Local Scale Funds /a Dam Neck Rd. & Drakesmile $10.5 M $9.5 M $1 M 9% Rd. First Colonial Rd. $58.8 M $43.8 M - $15 M 25.5% Pacific Ave Turn Lanes i $29.9 M $21.9 M $3 M $5 M 16.7% VB Trail Phase IV $24.5 M $24.5 M - - - -- - -- - - - - - Laskin Road Phase 11 $19.9.9 M $19 -9---M TOTAL $143.6 M $1119.6 $3M $21 M 14.6% ■ Considerations: The SMART SCALE Program is a grant program, and funds are available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. Per a CTB Resolution in December 2016, the order project funds are expended is local first and then the SMART SCALE funds. All surplus SMART SCALE funds at completion of the project revert to the overall State SMART SCALE fund. If awarded, local commitment amounts will be programmed within the upcoming FY 2025- 26 through FY 2030-31 Capital Improvement Program process. ■ Public Information: These five projects were presented to the City Council for consideration at the March 5, 2024, and June 25, 2024, informal sessions. Additional public information will be handled through the normal Council Agenda process. ■ Alternatives: Without the SMART SCALE funding from VDOT, these projects would remain inactive and be designed and constructed as funds become available. The City Council could direct the removal of one or more of the offered projects. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution; Location Maps (5) Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager:/V 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2024 2 ROUND SIX APPLICATIONS FOR THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City is eligible to submit applications through the Virginia 7 Department of Transportation's SMART SCALE program for consideration based upon 8 an objective score in the areas of Congestion Mitigation, Safety, Accessibility, 9 Environmental Quality, and Economic Development; 10 11 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 12 100% of the total project cost, although the locality's ability to contribute to the 13 submitted project is a factor in the award process; 14 15 WHEREAS, the City's highest priority improvement projects that meet the 16 eligibility for funding are: First Colonial Rd Widening, Dam Neck Road and Drakesmile 17 Road Intersection, Laskin Rd Phase II, VB Trail Phase IV, and Pacific Ave Left-Turn 18 Lanes. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1 . The City Council of the City of Virginia Beach hereby affirms its support for 24 the following five project applications to the Virginia Department of Transportation's 25 SMART SCALE Program: 26 a. First Colonial Rd Widening 27 b. Dam Neck Road and Drakesmile Road Intersection 28 c. Laskin Rd Phase II 29 d. VB Trail Phase IV 30 e. Pacific Ave Left-Turn Lanes 31 32 2. The local matching funds will be provided with allocations of local funding 33 in the City's Capital Improvement Program Budget. The local match for each of the 34 following projects will not exceed the following amounts: 35 a. $15,000,000 for First Colonial Rd Widening 36 b. $1 ,000,000 for Dam Neck Rd and Drakesmile Road Intersection 37 c. $0 for Laskin Rd Phase II 38 d. $0 for VB Trail Phase IV 39 e. $5,000,000 for Pacific Ave Left-Turn Lanes 40 41 3. The City Manager is hereby authorized to execute on behalf of the City all 42 necessary project agreements for project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF NCY: Budget and Management Services 4ityAttorney's Office CA-16602 R-1 June 26, 2024 W E 7r SITE c� go 0 SK �� ,,; jIS 3 ° � \ VIRG IA BEACH BL D ➢ \ d dr ; O � L OA O� �b/ a tN D°NPON- O 41 dC� o • t� �_ Q '.C) a t`i o TO Nrlld 0 p z i > a fit D d 7 o Ov C fl LID OR►�0 D m �p►RB 1� •p Q p �~i C7 P � � MABLE LN r i E � 0 THOMAS LN 1` O 3 Location Map First Colonial Road (Republic Rd to Old Donation Pkwy) �o'�: �_� 0 400 800 � ? Feet Prepared by P.W./Eng./Eng.Support Services 05/11/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\First Colonial Road N a - / W E S Uo�J Kft C ' �J n Lj Location Map Dam Neck Road (Intersection of Dam Neck Rd. and Drakesmile Rd.) 0 600 1,200 Feet Prepared by P.W./Eng./Eng.Support Services 06/17/2024 X:\CADD\ProjectsWRC Files\AGENDA MAPS\Smart Scale Projects\Dam Neck Road.mxd Eli -J 11.................. 0 1*0 4q- 40 J-J Location Map Laskin Road Phase 11 (Capital Project 100501) 0 200 400 Feet Prepared by P.W./Eng./Eng.Support Services 06/17/2024 X:\CADD\ProjectsARC Files\AGENDA MAPS\Smart Scale Projectslaskin Road Phase II.mxd i ►!ate /V++� '1 fall ��0 •.. 0 r� .�► •-•yam �ir�%� ��®� �•��/� • �i 0�' N�i"OAF WWI ��I��s�l j' ♦l ui t` Location • Virginia w E + Ilk -3 ?WOR R OLK AV C, -VIA%AP11-V: 17 Location Map Pacific Avenue Left-turn Lanes 17th Street & 22nd Street 0 400 800 1 Feet Prepared by P.W./Eng./Eng.Support Services 06/17/2024 mCADMProjects\ARC Files\AGENDA MAPS\Smart Scale Projects\Pacific Avenue.mxd u e� ANY .Hl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute the Second Amendment to the Memorandum of Agreement Establishing the Hampton Roads Regional Water Quality Monitoring Program Between the City of Virginia Beach and Hampton Roads Planning District Commission (HRPDC) MEETING DATE: July 9, 2024 ■ Background: The City of Virginia Beach has worked cooperatively within the region through the Hampton Roads Planning District on stormwater management issues since 1996, when the first Virginia Pollutant Discharge Elimination System (VPDES) permits were issued to localities. Working collectively with neighboring cities through HRPDC on regional water quality monitoring issues has been beneficial. The arrangement reduces duplication, allows HRPDC to provide technical assistance, promotes consistent programs across the region, and allows Hampton Roads cities to speak with a larger voice to regulators. The first Memorandum of Agreement (MOA) with HRPDC for regional water quality monitoring was executed in 2014. The first amendment of the MOA was executed in 2019. This second amendment will extend the MOA to March 2029. The amendment will provide water quality monitoring services required by the City's MS4 permit with Virginia Department of Environmental Quality (DEQ). Approval of the amendment would allow services to begin July 2024 and aligns the monitoring progress with MS4 permit required deadlines. ■ Considerations: This is the continuation of a process the City has beneficially used since 1996. Total cost to the City for the first year of the agreement is $111,700. Funding for this cost is included in the proposed FY25 Budget. ■ Public Information: Normal City Council agenda process. ■ Attachments: Resolution, Continuation of the Hampton Roads Regional Water- Quality Monitoring Program, Memorandum of Agreement, Project Detail Sheet (1), Location Map (1) Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: D 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE AN AMENDMENT TO THE 3 MEMORANDUM OF AGREEMENT TO CONTINUE THE 4 HAMPTON ROADS REGIONAL WATER QUALITY 5 MONITORING PROGRAM BETWEEN THE CITY OF 6 VIRGINIA BEACH AND THE HAMPTON ROADS PLANNING 7 DISTRICT COMMISSION 8 9 10 WHEREAS, in March 2014 and 2019, the cities of Chesapeake, Hampton, Newport 11 News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; and the 12 Town of Smithfield; and the counties of Gloucester, Isle of Wight and York; and the James 13 City Service Authority ("the Localities"), entered into a Memorandum of Agreement with 14 the Hampton Roads Planning District Commission ("HRPDC") concerning the monitoring 15 of stormwater at a regional level and to measure the amount of nutrient and sedimentation 16 from specific land uses in Hampton Roads; and 17 18 WHEREAS, this amendment will continue HRPDC's coordination of the water 19 quality monitoring program required by the City's Municipal Separate Storm Sewer System 20 (MS4) permit until the expiration of the new five (5) year term; and 21 22 WHEREAS, the amendment will estimate the annual cost of the program to be 23 $111,700: and 24 25 WHEREAS, it is in the best interests of the City and its residents and businesses to 26 adopt the 2nd Amendment to the 2014 Memorandum of Agreement. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized and directed to execute, on behalf of 32 the City of Virginia Beach, the Second Amendment to the Memorandum of Agreement 33 pertaining to the Regional Water Quality Monitoring Program, a copy of the original MOA 34 Agreement is hereto attached and a copy of which is on file in the City Clerks' Office. Adopted by the City Council of the City of Virginia Beach on the day of , 2024. Approved as to Content: Approved as to Legal Sufficiency: f Public Works Department City Attorney's Office jU CA16468 R-1 June 26, 2024 2 SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM THIS SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (the "Localities") and the Hampton Roads Planning District Commission ("HRPDC") (this "Second Amendment"), enacted as of this signing, and to be effective on March 1, 2024 amends the original Memorandum of Agreement and First Amendment among the parties dated March 1, 2014 (the "Agreement") and March 1, 2019 (the "First Amendment), respectively. The Localities and HRPDC shall be referred to jointly as the "Parties." RECITALS: WHEREAS, by its terms, the First Amendment terminates on March 1, 2025, and the Parties wish to amend the Agreement and extend its term prior to its termination; and WHEREAS, the Parties agree to amend the Agreement and continue their arrangement as outlined herein. AGREEMENT Now, THEREFORE, WITNESSETH, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the Parties agree as follow: 1. Recitals. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Amendments. The Agreement is amended pursuant to the following modifications. a. Page 1, "BASIC PREMISES," delete the last sentence of the first paragraph and replace it with "The first permit renewal occurred in 2016, permits were renewed for five years and were administratively continued through 2023. The second permit renewal will be effective in 2024 and will continue through 2029, at which time there will be another permit renewal." b. Page 2, "BASIC PREMISES," add new paragraph after the fourth paragraph "The first 10 years of data collection have been successful, and results are being incorporated into the Chesapeake Bay Program models. To better understand the types and sources of nutrients and sediments being delivered, additional analyses will be conducted in years 11 through 15 of the monitoring program. C. Page 3, "METHOD OF FINANCING," delete the first sentence of the first paragraph and replace it with "Program costs will be divided equally among the Localities, and the annual cost to each Locality for each year of the five-year term of this Second Amendment is estimated at $111,700." d. Page 3, "DURATION AND TERMINATION," The original five-year term expired on March 1, 2019, the second six-year term would expire on March 1, 2025, and this Agreement eliminates year six and will renew for another five year term ending March 1, 2029 for services beginning July 1, 2024 through June 30, 2029. e. All references to "this Agreement" shall be replaced with "this Second Amendment." 3. Remaining Terms. Unless otherwise specified herein, the remaining terms and conditions of the Agreement remain in full force and effect. [SIGNATURES APPEAR ON FOLLOWING PAGES] 2 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. 3 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: March 2024 Continuation of the Hampton Roads Regional Water- MUSGSQuality Monitoring Program science fora changing world Virginia and West Virginia Water Science Center Introduction and Study Rationale In 2014,the Hampton Roads Planning District Commission(HRPDC)partnered with the US Geological Survey (USGS)and the Hampton Roads Sanitation District(HRSD)to initiate a regional water-quality monitoring program. The monitoring program was renewed for a second 5-year period in 2019.This program was initiated because detailed information regarding urban stormwater suspended solids and nutrient loading rates within the Coastal Plain were lacking and a basic understanding of how these loads vary by land-use type had yet to be developed. The lack of locally relevant land-use specific loading rates for urban areas in the Virginia Coastal Plain represented a limitation for the calibration of the Chesapeake Bay Watershed Model in these areas.The development of locally accurate loading rates and basic watershed characterization in the Coastal Plain, specifically the urbanized Hampton Roads region,is essential to informed decision making regarding stonmwater management,implementation of best management practices and compliance with assigned nutrient and suspended solids reduction targets from the Chesapeake Bay Total Maximum Daily Load. In recent years,USGS has engaged with the Chesapeake Bay watershed modeling team to integrate measured loading rates into the next version of the Watershed Model(Phase 7). Under the current program,HRPDC has brought together six localities that include Chesapeake,Hampton, Newport News,Norfolk,Portsmouth,and Virginia Beach to participate in a long-term, 12-station,water-quality and-quantity monitoring effort. This monitoring program was funded through a 5-year Joint Funding Agreement (JFA)between HRPDC and USGS, and through a letter of agreement between HRPDC and HRSD. Those agreements are set to expire on June 30,2024.It is proposed that a new 5-year JFA and letter of agreement be established to continue funding the operation of this 12-station monitoring network. At present, The Hampton Roads Regional Water Quality Monitoring Program(HRRWQMP)is designed to address the following objectives: 1. Operate and maintain a stormwater monitoring network to characterize suspended solids and nutrient loadings from the major types of urban land-uses in the Hampton Roads region. 2. Use these measured suspended solids and nutrient loads to compare to loads generated by the Chesapeake Bay Watershed Model to assess model predictions for the Hampton Roads/Coastal Plain region. To manage stormwater quality more effectively in these and other watersheds,additional objectives will be added to analyze changes over time(trends)and determine the predominant sources of nutrients and sediment.Analysis of trends in concentration and load will be useful to better understand how water quality is being affected by local, regional,and global changes and how those changes vary regionally. Likewise,identification of the predominant sources of nutrients and sediment is critical to siting,designing,and implementing stormwater control measures. The objectives of this program expansion are to: 1. Generate long term water-quality monitoring data representative of the Coastal Plain to describe trends in nutrient and suspended solids concentrations and loads over a minimum 10-year period at the existing 12 study watersheds;and I 2. Generate water-quality monitoring data to identify predominant sources of nutrients and suspended solids in the current 12 study watersheds to facilitate the determination of sources and identification of contaminant transport pathways. Methods and Amroach In 2014, a collection of representative stormwater systems were identified for intensive water-quality monitoring and load computation within the study area defined by the 6 partnering jurisdictions(Figure 1).The selection of these representative systems was determined using a statistically-based approach to provide a range of urban land- use types and watershed scales throughout the region.A 12-station network was implemented for the characterization of the following three urban land-use types: • Single-family residential • High-density residential • Commercial and light industrial sa ..PA. VD pH VA 1 KY s�. Study ,.. Area — ., ... .. a 5' TN,'` NC c ` Monitoring Stations ;r, i .., :. - R •"y �4 Q Study Area r ♦ +; Cities l6.a x... � Developed,High ; '` ".. Intensity _Developed,Medium ,►' ^• '# ".P + . Intensity - Developed,Low Intensity Developed,Open Space Open water Barren Land ' Forest VF Cultivated Crops Woody Wetlands ?' '• Emergent Herbaceuous '� Laid mvel Aata han Dawitr.J..2013.Net wI Lard Loser t J natabese INLCDi 1071 haduns US IiWo*ji Sdata Figure 1. The study area for the stormwater monitoring network. 2 Watersheds were selected such that the monitoring network would provide a minimum of three study watersheds per land-use type to sufficiently characterize the range in loadings that are typical of each.By characterizing the range in loadings that are typical of a given land-use type,we can develop meaningful comparisons of within-type variability to the overall between-type variability,which should significantly enhance our understanding of how management activities can be directed efficiently.For example,if commercial watersheds are contributing disproportionately to the suspended solids loadings,management actions in those areas would provide more"bang for the buck"than they would dispersed generally across all land-use types.Conversely, if the loading rates from all land uses are roughly equal,management actions can be directed in a more spatially dispersed manner. Load-monitoring stations are designed to remain operational under all flow conditions—including extended droughts and extreme floods(including hurricanes).Remaining operational during extreme floods is critical because these are the primary loading periods—a single large flood can potentially move years to decades worth of material. The primary approach of the load-monitoring stations remains unchanged and each includes: Continuous-record streantgage A USGS streamgage is operated at each monitoring station for the collection of stage(water level above a referenced datum)and velocity at 5-minute intervals.Both stage and velocity data are served to the USGS database approximately 1 hour after those data are collected. These data are then used to compute stremmflow,which is immediately available on the publicly accessible USGS National Water Information Service Website(NWISWeb)hMs://waterdata.uso.goy/va/nwis/rO. The traditional USGS streamgage approach consists of a sensor that continually measures stage.These data are then related to manual discharge measurements made by field staff. The relation between stage and discharge forms the basis of a model,called a stage-discharge rating,that is applied to the continuous timeseries of stage;values that are based on direct in-situ measurement. The output from this model is a continuous timeseries of discharge. While this approach is currently being employed at some of the monitoring stations, local conditions such as tides,backwater,and the unique hydrologic characteristics of engineered storm conveyances require additional approaches.Each station is equipped with a velocity meter optimized for conditions unique to the monitoring location.Velocity and stage data are continuously collected for the development and maintenance of index-velocity rating curves. These models relate stage to cross-sectional area,which is then multiplied by measured velocity to compute a timeseries of discharge.Depending on site conditions, index-velocity ratings either replace the traditional stage-discharge rating approach,or are used in conjunction with the traditional approach. These methods require both high accuracy and high precision measurements of stage and water velocity;therefore,a significant effort is required to collect and quality- assure data over both time and the range of hydrologic conditions. Continuous-record water-quality monitor A water-quality monitor is deployed to measure turbidity,water temperature, and specific conductance at 5-minute intervals. These data are also served to NWISWeb approximately one hour after collection. These data are critical for the development of surrogate regression models used to compute annual loads of nutrients and suspended solids. Engineered urban stormwater conveyance systems are designed to rapidly export stormwater from the land surface to a receiving water body resulting in highly dynamic water- quality conditions during stormflow events. It is therefore critical to collect high frequency data that,when coupled with surrogate regression approaches,allow the computation of a continuous record of nutrient and suspended solids concentrations and loads. This method can capture conditions that would be missed by traditional approaches that rely solely on manual sample collection. Water-quality sample collection Each monitoring station is equipped with a refrigerated automatic stream sampler for the collection of water-quality samples. In small urban watersheds,precipitation events characteristically cause a rapid rise 3 and subsequent fall in the hydrograph(commonly referred to as"flashy").Automated sampling,rather than traditional human-collected sampling,is critical to collecting stormflow samples during these short- duration,high-volume hydrologic events.At each monitoring station,approximately 10 storm events are targeted for sampling each year(1-3 samples collected during each event). Emphasis is placed on the collection of a variety of samples that represent a range of seasons and flow conditions.These automated storm samples are analyzed for both nutrients and total suspended solids.Additionally,each month manual samples are collected during periods of baseflow on dry weather days to quantify groundwater contributions.A maximum of 30 samples will be collected from each monitoring location annually. The suspended solids and nutrient constituents selected for analysis represent a compromise between the desire to generate as much information as possible,while keeping costs reasonable,and meeting the fundamental objectives of the study. The following analytes will continue to be analyzed by HRSD on all water-quality samples that are submitted to the laboratory: • Total Nitrogen • Nitrate+Nitrite • Ammonia+Ammonium • Total Kjeldahl Nitrogen • Total Phosphorus • Orthophosphate • Total Suspended Solids(TSS) Additional analytes needed for the complete speciation of nitrogen,phosphorus,and suspended solids are described in detail under"Approach for expansion objectives." Other major components Each station is equipped with an internal data-logger for recording and storing all measured values. Measured values are then transmitted hourly through a satellite telemetry unit(GOES System). The transmitted data will be checked for quality using automated subroutines and made publicly available via the USGS NWISWeb,approximately 20 minutes after they are transmitted from the monitoring station.If a transmission is unsuccessful,the internal data logger serves as a backup source for those data.Each monitoring station is hardwired to local AC power;however,to ensure that stations remain operational during all conditions,backup power is supplied from a 12-Volt DC battery charged by a 30-watt solar panel.All the above equipment is safely housed in a ruggedized aluminum shelter;protected from the elements,vandals,and extreme weather. Equipment enclosures were custom designed to meet data collection requirements while simultaneously blending in with the surrounding environment. Methods for the operation and quality assurance of the various monitoring elements will continue to be coordinated between USGS and HRSD to ensure that the network is operated efficiently,while still maintaining national USGS methods to ensure consistency and comparability with other USGS monitoring stations. This methodological consistency is critical for the use of the USGS data-telemetry system and database,and for use of these data by the Chesapeake Bay Program.Methodologies for the consistent operation of continuous monitors (Wagner and others,2006;U.S.Geological Survey,2006),streamgages(Rantz, 1982; Sauer and Tumipseed,2010; U.S.Geological Survey,2014),and automated samplers(in preparation)are available to document these methods, and USGS works with HRSD to resolve any methodological/operational issues that develop.A breakdown of partner responsibilities is listed under the"Partnership"heading. Approach for expansion objectives The addition of trend analysis and determination of source are separate objectives that require unique approaches. The analysis of trend in concentration and load will require the continued collection of samples that represent the full range of the hydrograph, collected continually over many years and across all seasons. Different statistical 4 approaches will be used for trends in concentration and load. Samples collected on a predetermined monthly interval will be used to calculate trends in concentration while controlling for variability introduced by changes in streamflow and season. Surrogate regression model output,used to compute constituent loads,will be leveraged to calculate flow-adjusted trends in load.Trends in flow-adjusted load are directly comparable to data currently used in the calibration of the Chesapeake Bay Watershed Model. The current 12 study watersheds were selected, in part, due to the limited presence of BMP's and targeted nutrient and sediment reduction goals.As such,this analysis will provide a baseline for trends in water quality in the urbanized Hampton Roads region. A multi-tiered approach will be applied to source determination. The source of a contaminant may be defined in terms of where the contaminant originates on the landscape(eg. lawn,field,street,etc.)and from what it is derived (eg.fertilizer,manure,etc.).Determination of source also requires developing an understanding of the transport pathways(eg.runoff,groundwater,etc.)through which the contaminant enters the waterway of interest. For example,urban stormwater nutrient sources may be a combination of atmospheric deposition,human waste, fertilizer,animal waste,organic matter deposition and subsequent leaching,or other sources.Many of these sources require vastly different management strategies;thus,understanding source is critical to effective and efficient stormwater management.The three approaches described below will provide a weight of evidence to identify the source and transport pathway of inputs contributing to loads at the current intensive monitoring stations. Nutrient and Sediment Speciation To better inform the source and transport pathways of contaminants complete speciation of nutrient and sediment is needed. To fill the gaps required for complete nitrogen,phosphorus,and suspended solids speciation samples also will be analyzed for dissolved ammonia and dissolved total Kjeldahl nitrogen to compute dissolved organic nitrogen(DON),total dissolved phosphorus to compute dissolved organic phosphorus(DOP),and volatile suspended solids(VSS)to separate the mineral and organic fractions of TSS.The addition of these analytes to the laboratory schedule will only increase the laboratory analytical work—no additional sample collection is needed. Nitrate Isotopes To establish a second line of evidence for the derivation source and transport pathways of nitrogen it is proposed that a subset(12 per monitoring station over the course of a year)of samples be collected,preserved,and analyzed to determine the isotopic signature of nitrate. A portion of samples will be collected in replicate to provide quality assurance data.Results will be analyzed and interpreted for HRPDC and participating stormwater managers after the first year. As currently proposed,this analysis will only occur for one year;however,a data driven framework will dictate recommendations for both sample frequency and hydrologic or seasonally targeted collection in subsequent year(s). Mass Input Analysis The current approach to monitoring provides the quantification of annual loads transported from each study watershed;however,the inputs comprising these loads are less understood.To fill this knowledge gap,USGS requests that each locality provides all available local GIS data.Data layers need not be restricted to the study watersheds;data representing all portions of the jurisdictions are requested and may be used to fill gaps in data at the watershed scale. Combined with regional and national datasets,USGS will locate and aggregate all relevant data contained within these GIS files, synthesize these data to estimate constituent input sources,and report out these findings to program partners.The anticipated products from this analysis are the total input of nitrogen and phosphorus,as well as the proportion of nitrogen and phosphorus input from pet waste, atmospheric deposition, point sources,geological weathering,fertilizer, and leaking wastewater.Nutrient inputs derived from this analysis can be used to quantify nitrogen and phosphorus retention rates,calculated as the difference between the estimated input and calculated load. 5 Data Analysis All laboratory data are thoroughly reviewed for accuracy upon transfer from the HRSD laboratory to USGS prior to being made publicly available.Additionally,all continuously collected data,which includes both water-quality and-quantity parameters,undergo a series of rigorous quality assurance protocols by USGS staff prior to receiving an "approved"qualifier. Prior to approval,continuous data are publicly available on NWISWeb,though marked as "provisional and subject to change". Annually,discrete water-quality samples,continuous water-quality data, and continuous streamflow data are analyzed to compute annual nutrient and total suspended solids loads. Station-specific surrogate regression models have been developed for each constituent. These models were published in Porter(2022)"Stormwater Quantity and Quality in Selected Urban Watersheds in Hampton Roads,Virginia,2016-2020"Models and computed loads have been made available for use by Chesapeake Bay watershed modelers and will be continually updated as new data are collected and models refined. The computed nutrient and suspended solids loads will be used to inform future versions of the Chesapeake Bay Watershed Model in one of two ways, as determined through ongoing consultation with the Chesapeake Bay watershed modeling team. • Directly—as calibration stations. In aggregate,the 12 monitoring stations may be used in the calibration process of the watershed model. The calibration process ensures that the watershed model output matches monitoring data to the extent possible. Currently,model calibration is performed with data from Chesapeake Bay Non-tidal Network(NTN)stations. The NTN is mostly made up of monitoring stations located at the outlet of much larger mixed-use watersheds. The Hampton Roads stations are characterized by small,highly developed watersheds in the Coastal Plain,a size, land use type,and geography which are underrepresented in the NTN.Additionally,during both the model development and application phase model outputs can be compared to measured trends in flow-normalized load. Comparison of these trends helps improve the modelers understanding of how different model versions improve predictions of change and whether reported implementation is having the predicted effect on water quality across the Bay watershed. In summary,both loads and trends in load computed at the 12 monitoring stations would be used in model calibration and application processes. • Indirectly—as sources of generalizable knowledge.Generalizable knowledge,in the context of the Phase 7 watershed model,is information relevant to model structure or parameters that can be used directly in Ca1CAST.CaICAST is a Bayesian spatial statistical model relating watershed inputs,natural processes, and anthropogenic properties to annual load(Berger and others,2024). Examples of generalizable knowledge include, but are not limited to,identification of new source types and predictors of load.Given that the urbanized Coastal Plain is underrepresented by current inputs,incorporation of the knowledge gained from the local monitoring network may improve model output. To ensure basic comparability between the monitored nutrient and suspended solids loads and modeled loads,we will estimate the relative contributions of groundwater to streamflow and constituent loads within these systems, because these groundwater contributions are separately considered within the Watershed Model.Monthly dry- weather sampling will continue to be used to properly characterize groundwater inputs. These data will be used in combination with baseflow-storniflow separation models to quantify the relative contributions of both precipitation-driven surface runoff and groundwater infiltration on total flow,and consequently,constituent loads. Ultimately,monitored nutrient and suspended solids loads will be used to better inform future phases of the Watershed Model to reflect the contributions more accurately from urban land uses specific to the Virginia Coastal 6 Plain. Through this collaboration,the USGS will continue to maintain a detailed understanding of how urban land use is represented in the current and future versions of the model and can ensure that the value of this monitoring effort is maximized. Partnership All work will be conducted in partnership between HRPDC(and the six participating localities),USGS, and HRSD.A detailed description of partner responsibilities for the collection and processing of continuous data is presented in appendix figure 1.1, and for the collection and processing of discrete data in appendix figure 1.2. Ownership and responsibility for repair and replacement of each major equipment item is presented in appendix table 1.1. USGS will retain overall project leadership and will be responsible for project oversight,coordination of all data collection activities,including those conducted by HRSD, quality assurance of all laboratory data, desktop evaluation and quality assurance of all continuously collected water-quantity and-quality data,as well as dataflow and management using USGS data telemetry network,database,and online webhosting.Furthermore,USGS will be responsible for all data analysis activities,which include l) land use-land cover characterization,2)analysis of spatial and temporal variability of watershed hydrology,basic water-quality parameters,and nutrient and total suspended solids concentrations,3)examination of relations between surrogates(continuously collected data)and nutrient and total suspended solids concentrations(discretely collected data)for the development and calibration of regression models,4)the computation of watershed-specific annual nutrient and suspended solids loads, 5)the computation of trends in concentration and load,6)mass input analysis,and 7)analysis of nitrate isotopic data. USGS also will continue to maintain and update the program webpage. HRSD will continue to be an integral partner responsible for providing USGS-quality data by conducting field visits to service water-quality monitors every six to eight weeks in accordance with published USGS guidance for the maintenance and operation of continuous water-quality-monitors.Additional field visits will be made as needed to clean debris from equipment and perform other tasks necessary to maintain high-quality data representative of true environmental conditions,providing general station maintenance to ensure data are continually logged and transmitted to the USGS NWISWeb,collecting all discrete water-quality samples and delivering to the HRSD laboratory,as well as performing all laboratory analytical services.All field staff will participate in the annual National Field Quality Assurance program. The laboratory will continue to participate in the semiannual USGS Standard Reference Sample quality assurance and quality control program,which is administered through the USGS Quality Systems Branch. Monitorine Program Products To date,this monitoring program has been primarily focused on generating regionally representative water-quality and-quantity data in support of the principal goal of computing locally-accurate nutrient and total suspended solids loadings rates. These data can ultimately be used to inform the Chesapeake Bay Watershed Model for both the Virginia Coastal Plain and urban land-uses.This effort has resulted in the collection of over 3,500 discrete water-quality samples, 34,000,000 measurements of continuously collected water-quality parameters,and over 12,600,000 measurements of streamflow. Cooperator Meetings—Annual meetings have been held with the HRPDC and all participating locality stormwater managers since 2015 to provide updates on the status of the monitoring program and findings from data analysis. These meetings will continue to be held annually. As part of the annual project meeting, any revisions and enhancements to the sampling plan will be discussed. 7 Program Website— A new project website httns://www.usgs.gov/centers/virginia-and-west-vir inia- water-science-center/science/hampton-roads-regional-water)was developed in 2023 to communicate the study design and objectives,program partnerships,multimedia,monitoring data,results,publications, and other communication products. This website offers direct access to all data for local stormwater managers, other city/county staff,and the general public,and it serves to promote the program as a model regional cooperative success story.The website will be maintained for the proposed duration of this agreement. Additional Benefits-The monitoring program serves a dual purpose by being written into the Municipal Separate Storm Sewer System(MS4)permit for each of the six participating localities. While permit writing is outside of the scope of this agreement,HRPDC may use program data to satisfy local permitting requirements. Products currently available STAC Workshop Publication—Chesapeake Bay Science and Technical Advisory Committee "Using Local Monitoring Results to Inform the Chesapeake Bay Program's Watershed Model".published 2024 and available at httns://www.chesgpeake.orp/stac/document-library/22313/ USGS Geonarrative "Storymap"Collection—A collection of visual and interactive narratives designed for a wide range of scientific expertise published in 2023 and available at httns://storvmgps.arcgis.com/collections/OfS 106473eO84d87a6a9ade93bad7c95. USGS Report—USGS Scientific Investigations Report(SIR)entitled"Stormwater Quantity and Quality in Selected Urban Watersheds in Hampton Roads,Virginia,2016-2020"published in 2022 and available at https://doi.orp-/l0.3133/sir2O225111). USGS Data Release—"Inputs and selected outputs used to assess stormwater quality and quantity in twelve urban watersheds in Hampton Roads,Virginia,2016-2020,"published in 2022 and available at https://doi.org/10.5066/P9XMPEND USGS Fact Sheet—A USGS Fact Sheet entitled"Hampton Roads Regional Water-Quality Monitoring Program",published in 2016 and available at httns://yubs.er.usgs.goy/publication/fs20l63095). No formal publications are proposed during the duration of this agreement.Loads and trends will be communicated to program partners as provisional and preliminary results. Publication of these results will require funding in a subsequent agreement. Timeline A timeline of program activities is proposed in figure 2 for the period beginning July 1,2024 and ending June 30, 2029. Continuous and discrete water-quality and-quantity monitoring will be ongoing.Preliminary suspended solids and nutrient loads will be computed and reported to all partners annually. 8 Figure 2.Anticipated time of tasks to be completed, by State fiscal year. Fiscal Year 2025 2026 2027 2028 2029 Monitorin eradons O&M of Monitoring Network Sample Collection Load Computation Annual Update Trend Analyses Mass Input Dataset Acquisition Data Analysis Presentation of Results Nitrate Isotopes Sample collection &analysis Data analysis Funding The overall monitoring effort was funded at a rate of$561,000 per year from 2019 to 2024. To continue operation of the monitoring network,as it has been operated in the first ten years of the effort and include additional trend and source identification objectives it is proposed that the total annual funding be increased to$670,000 per year. The proposed total annual funding is a 19 percent increase over the previous funding amount; 14 percent of this is needed to fund the expansion of program objectives,the details of which are presented in Table 1.The remaining 5 percent increase is needed to support continued operation of the existing program.This rate of increase is below the historically high year-over-year rate of inflation since 2021. To achieve these cost savings,the total number of samples collected at each monitoring station will be reduced from 40 to 30 per year.Program costs will be divided equally between the localities over a five-year term,detailed in a memorandum of agreement between the localities and HRPDC. The annual costs to each locality for the term of this agreement is$111,700. Actual annual costs vary year-to-year but will be averaged over the 5-year period to allow for equal annual payments. The allocation of annual funding detailed in Table 2 will serve as the annual funding to be paid out by HRPDC to USGS and HRSD to support completion of the proposed scope of work over the proposed 5-year agreement period. The allocation of these funds between USGS and HRSD is specified in appendix table 1.2. It should be noted that these costs are fixed at the beginning of this agreement period and will not change to account for additional needs of the program, such as the cost of repairing or replacing instrumentation. Over the term of the previous agreement a significant amount of instrumentation was repaired or replaced due to normal wear and tear.Most water quality meters and all USGS owned velocity meters required repair. Additionally, data loggers, satellite transmitters,cellular modems,and water quality probes were replaced at all 12 monitoring stations. The total cost for these repairs and replacements was$225,000 and was funded in total by USGS as a matching funds contribution.As of 2024,all 15 water quality meters(YSI 600-OMS sondes)purchased by USGS in 2014 reached end-of-life and require replacement. USGS will contribute the funds needed to replace this equipment with modern technology(YSI EX03),and all associated probes and accessories,at a total cost of $250,000. USGS also will contribute$25,000 per year in additional funding for repairs and replacement of other agency owned equipment. The cost of any equipment originally purchased by the agency will be borne by USGS and will not be passed along to the partnership. These costs savings are represented by the"USGS Contribution"in Table 2. 9 Table 1. Itemized costs for program objectives. Note that nutrient and sediment speciation costs reflect the collection of 30 samples per site each year. Year 2025 2026 2027 2028 2029 Average Average/ Itemized Costs Locality Existing Monitoring Program $566,000 $578,800 $592,800 $607,300 $622,100 594,000 $99,000 Trend Analysis $12,000 $12,200 $12,400 $12,600 $12,900 12,500 $2,100 Mass Input Analysis $28,000 $28,000 $0 $0 $0 11,200 $1,900 Nuh-ierit/Sediment Speciation $40,000 $40,700 $41,400 $42,100 $42,800 41,400 $6,900 Nitrate Isotopes $55,000 $0 $0 $0 $0 11,000 $1,900 Grand Total Annual Total $701,000 $659,700 $646,600 $662,000 $677,800 670,000 $111,700 Table 2. Funding for the operation of the monitoring network. Annual Total 5-Year Total Grand Total $745,000 $3,725,000 USGS Contribution $75,000 $375,000 HRPDC Contribution $670,000 $3,350,000 Contribution Per Locality $111,700 $558,500 Contact Information Aaron Porter, USGS Mark Bennett, USGS Hydrologist, Virginia Water Science Center Director, Virginia Water Science Center 804-261-2628 804-261-2643 aporter@usgs.gov mrbennet@usgs.gov 10 References Berger,K,K.Filippino,G. Shenk,N.Goulet,M.Lookenbill,D.Moyer,G.Noe,A. Porter,J. Shallenberger,B. Thomas,and G.Yactayo.,2024,Using Local Monitoring Results to Inform the Chesapeake Bay Program's Watershed Model. STAC Publication Number 24-002,Edgewater,MD.35 pp. Wagner,R.J.,Boulger,R.W.,Jr.,Oblinger,C.J.,and Smith,B.A.,2006,Guidelines and standard procedures for continuous water-quality monitors—Station operation,record computation,and data reporting:U.S.Geological Survey Techniques and Methods 1-133, 51 p.+ 8 attachments;accessed April 10, 2006,at http://pubs.water.usg_s.gov/tm 1 d3 Rantz, S.E.,et al.,Measurement and computation of streamflow,Volume 1,Measurement of Stage and Discharge, U. S.Geological Survey Water Supply Paper 2175,284 p., 1982a. Sauer, V.B.,and Turnipseed,D.P.,2010,Stage measurement at gaging stations:U.S. Geological Survey Techniques and Methods,book 3,chap.A7,45 p.,https://doi.org/i0.3133/tm3A7 U.S.Geological Survey,2006,National field manual for the collection of water-quality data:U.S. Geological Survey Techniques of Water-Resources Investigations,book 9,chap. A4, 166 p. Also available online at https://doi.org/ 10.3133/twri09A4. U.S.Geological Survey,2014a,Requirements for the collection,validation,and input of peak-stage verification data at U.S. Geological Survey streamgages: U.S. Geological Survey Technical Memorandum 2014.06;Office of Surface Water,accessed on June 2016 at https://water.usgs.gov/admin/memo/SW/swl4.06 revised.html. I1 Appendix Figure 1.1.Assignment of responsibilities related to the collection and processing of continuous data Coed uct annualfkld Water-Quantity WaterQuality audkandprovidi? Continuous Date —'— trainln as needed Maintain continuous data collecuon Purchase/ 7 ,bleshoot equipment Maintain continuous data Provide ovo."ite and coordinstbn 9nr all fv!Id activities Be place Kwes and coordinate repairs collection DI apumps Troubles oatequlpment issues and coordinate repair Assume cost of equipment or I repair ci etedrepl s ou up to Maintain uninterrupted hourly budgeted amount• transmission of date Purchase turbid Ity end Assume cost of equipment Conducts mingnumg Conduct wet weather! Conduct daily specific conductance repair or replacement up quality assurance silt visas as needed to make Telemetry network,databast,and to budgetedamount• inspection of all ,n it,/year/site far gaF,e high flow quality onktre webhoAlne. eoneMupus parameterx inspection of all InsnrrtbnsandAlscharge assur»ncedisch»rge Contlutt68egpallnteNal ranductdalHlM measurements measurements General site cleanup both in and outside sit@ visks/ymtj$Ite for continuous parameters and of storm conveyance.Ensure stations meter fouling and perform site visits to clean Perform field visits to remain presentable year-round(keep calibration fouled meters preventing or Build and maintain stage- Build and maintain Index- clean fouled meters inside and outside of gaga house dean; chec wiibratkm minimizing gaps In data discharge ratinp,curves for velocity rating curves For preventing or minifokinl! maintain landscaping) collection coin utationofdischar a coin tbnotdischa sin data collectbn :.nd'�r, Screen Generateelectronic(laid forms with all required Analvze high water Conduct annual rds for Analyze reference Information collected during field visits. marks for pe»k marks for stageEmaatorelevantUSGS .moan I sVrVey C(leve6cYastand verification move as verification Upload electronic field form to USGS Daily:Screen data on database..apply corrections NWtSWeb-remove and remove each f Id data points after visit erroneous data as needed Analyze and write station analysis for all published dMasets(gage he!Igfit,velo[lty, I stage-discharve ratrnF„and index-velocity ratinp.)following each site visit,m accordance with published U%5 protocols Analyze and write station analysis for all published datasets(water temperature, turbidly,and specific conductance)following each site unit,in accordance with published USGS protocols Approve all data for publication on Aoprave all daa for publication on NWISWeb—rn accordance with NWISWeb—in accordance w8h puhlKhed USGS protocols published USGS rotocols Perform all data analysis activities USGS Responsibility including but not limited to identification of spatial and temporal HRSD Responsibility variability of both watershed hydrology `The cost of equipment repair or replacement Is the burden of and basic watn.-q utility parameters thee n thato originally agency r ly purchased said equipinertt 12 Figure 1.Z Assignment of responsibilities related to the collection and processing o discrete data Dbcrete Data MS Data. Monthly Satnptlrrs Purchase and preparation of aN sampnnK Sttormflow Satnpllrts bottlaware and associated supplies Schedule sample Assume ell costs Compilation and analyse collection days,main Keay automated Maintain Enable of land-use and land- CoDect,filter,and preserve associated with samplersstocked automated sampler prior electronic fk±ld form Isotope samples,send to USGS maintenance and cover datasets Application wltb clean samplers In full to targeted replacement of Isco bottleware working order Send samples to USGS automated samplers a stom,events stable isotope lab Manualcollectlon of water samples, Develop and run replicates,and blanks autpmatad scripts used to determine samples selected for analysis Generate and distribute sample taboratory analysis of samples collection field forms Delivery of laboratory results to USGS CoNect,process,and deliver Restock automated samplers ----L - " samplesto HRSD aboratory with claan bottleware Upload results into USGS database Review artd provide quality aswrarice to all laboratory retults.Publish approved data to NWISWeb Characterize spatial and temporal variability of nutrient and suspended integrate continuous and discrete data solids concentrations Develop and calibrate sumopate regression models Compute annual nutrient and Calculatetfends in concentration and suspended solids bads 14 flow-adjusted bad DeiMr annual=tetopropram USGS Responsibility partners HRSD Responsibility 13 Table L I.Division of equipment ownership and responsibility for repairs and replacement. Equipment Responsible Party YSI Sondes USGS YSI Probes USGS YSI Accessories USGS Sutron 9210 USGS Sutron XMTR USGS Satellite Antenna USGS GPS Antenna USGS Sontek IQ USGS Cellular Modem USGS ISCO Signature Flowmeter HRSD ISCO LaserFlow HRSD ISCO 350 Area-Velocity Met( HRSD ISCO Tubing HRSD ISCO Intake HRSD Sonde Bracket HRSD Bilge Pump HRSD Equipment Enclosure HRSD Sampling Bottleware HRSD 14 Table 1.2. Itemized annual funding to be paid to USGS and HRSD. The bold text located in the"Average"column represents the amount to be paid by HRPDC to each agency annually to support completion of the proposed scope of work. Year 2025 2026 2027 2028 2029 Average Existing Monitoring Program USGS $ 359,000 $364,600 $371,100 $ 377,800 $384,600 $ 372,000 HRSD $ 207,000 $214,200 $221,700 $229,500 $237,500 $ 222,000 Annual Total $ 566,000 $578,800 $592,800 $ 607,300 $622,100 $ 594,000 Trend Analysis USGS $ 12,000 $ 12200 $ 12,400 $ 12,600 $ 12,900 $ 12,500 HRSD $ - $ _ $ _ $ _ $ _ $ _ Annual Total $ 12,000 $ 12,200 $ 12,400 $ 12,600 $ 12,900 $ 12,500 Mass Input Analysis USGS $ 28,000 $ 28,000 $ - $ - $ - $ 11.200 HRSD $ - $ _ $ _ $ _ $ _ $ _ Annual Total $ 28,000 $ 28,000 $ - $ - $ - $ 11,200 Nutrient and Sediment Speciation USGS $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 HRSD $ 35,000 $ 35,700 $ 36,400 $ 37,100 $ 37,800 $ 36,400 Annual Total $ 40,000 $ 40,700 $ 41,400 $ 42,100 $ 42,800 $ 41,400 Nitrate Isotopes USGS $ 45,000 $ - $ - $ - $ - $ 9,000 HRSD $ 10,000 $ - $ - $ - $ - $ 2,000 Annual Total $ 55,000 $ - $ - $ - $ - $ 11,000 Total by Agency USGS $ 449,000 $409,800 $388,500 $395,400 $402,500 $ 410,000 HRSD $ 252,000 $249,900 $258,100 $266,600 $275,300 $ 261,000 Grand Total Annual Total $ 701,000 $659,700 $646,600 $662,000 $677,800 1 $ 670,000 15 MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM This Memorandum of Agreement ("Agreement") is entered into this First day of March, 2014 by and among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (individually, the "Locality;" collectively, the "Localities") and the Hampton Roads Planning District Commission ("HRPDC"). WHEREAS, Sections 15.2-4200, et seq. of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the Localities, in common with several other local governments in the region, have acted, pursuant to Sections 15.2-4200, et seq. of the Code of Virginia, to establish the HRPDC; and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local government stormwater management programs, including compliance with Virginia Stormwater Management Program ("VSMP") and the Municipal Separate Storm Sewer ("MS4") Permits; and WHEREAS, the Localities have requested the HRPDC to coordinate a regional water quality monitoring program; and NOW, THEREFORE, in consideration of the premises, mutual covenants, and obligations contained herein, the Localities and HRPDC hereby enter into this Agreement for the purposes of establishing and maintaining the Hampton Roads Regional,Water Quality Monitoring Program. BASIC PREMISES The Localities initially received Virginia Pollutant Discharge Elimination System ("VPDES") Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from the individual Locality's MS4s to waters of the state and impose certain operational and reporting requirements on those systems. These permits are renewable on a five (5) year basis, and the Localities applied for renewed permits in 2005. The Localities continue to operate programs under administratively continued permits. Permit renewals are expected in 2014. The Localities are interested in monitoring stormwater in a manner which quantifies the nitrogen, phosphorus, and sediment loads associated with specific land uses in Hampton Roads. The objective of the Regional Water Quality Monitoring Program is to collect data at a regional scale that will accurately measure the amount of nutrient and sediments delivered to waterways by the local MS4 systems. The data would be submitted to the February 2014 1 Virginia Department of Environmental Quality ("DEQ") and/or the Chesapeake Bay Program for updates to improve the accuracy of existing computer models, provide a basis upon which to administer local stormwater programs with a greater degree of precision, and improve action plans to meet the Chesapeake Bay total maximum daily load ("TMDL") and other local TMDLs for impaired waters. The Regional Water Quality Monitoring Program is based on a five-year work plan with acquisition of monitoring equipment and services amortized over the entire term of the initial program. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC staff is responsible for the following: • Provide technical support related to water quality monitoring issues to local government staff. • Provide the necessary administrative, technical, and clerical resources to support program activities. • Prepare an annual budget for the Hampton Roads Regional Water Quality Monitoring Program. • Assist the signatories in coordinating communication on monitoring activities to state and federal agencies to ensure that program goals are met. • Take steps, in conjunction with the Localities, to obtain financial support for program activities from outside sources, including federal, state, and private grants, to the extent that this objective may be accomplished without creating a conflict of interest, as determined by the Localities. • Contract with the Hampton Roads Sanitation District ("HRSD") and the United States Geological Survey ("USGS") to provide sampling and data analysis required by the regional program. • Provide the raw data from all monitoring devices directly to the Localities. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the Localities. • Facilitate the use of the monitoring data in the local TMDL studies being prepared through the DEQ and the United States Environmental Protection Agency and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region, if requested. February 2014 2 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the Localities are responsible for the following: • Appoint a representative to serve on the steering committee for the Regional Water Quality Monitoring Program to represent the local government stormwater and water quality related concerns. • Provide timely technical review of HRPDC analyses and conclusions. • Provide input on monitoring site selection and land use characterization to support HRSD's sampling and USGS data analysis. • Provide annual funding to support the agreed-upon regional program, subject to appropriation. METHOD OF FINANCING Program costs will be divided equally between the Localities, and the annual cost to each Locality for each year of the five year term of this Agreement is estimated at $84,000. Local contributions may be increased above this annual estimate to reflect program needs only upon modification of this Agreement. Financial support from other entities, such as federal and state agencies, and the private sector, may be sought and obtained to support the activities of the Hampton Roads Regional Water Quality Monitoring Program, to the extent that this financing effort may be accomplished without creating a conflict of interest, as determined by the Localities. AVAILABILITY OF FUNDS Performance by the HRPDC of its responsibilities under this Agreement is subject to the availability of funding from the Localities. The Localities' failure to provide the necessary funding to support these activities will constitute a Notice to Modify or Terminate the Agreement. MODIFICATIONS Modifications to this Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERMINATION This Agreement will have a term of five (5) years, extending from the date of full execution of the Agreement by the signatories. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject February 2014 3 to annual appropriations. Any signatory may terminate its participation in the Hampton Roads Regional Water Quality Monitoring Program by written Notice to Terminate to all other parties. Such termination will be effective with the start of the following fiscal year. Depending upon the terms of individual MS4 permits, termination of participation in the Hampton Roads Regional Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individual locality's MS4 permit from DEQ. OWNERSHIP OF PROPERTY It is not the intent of the signatories that this Agreement will result in the purchase, ownership, leasing, holding, or conveying of any real property, other than those real property rights necessary for the location of the monitoring equipment. At the option of the locality, the equipment paid for by the Localities will be the property of the locality in which the equipment is located. INDEMNITY It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to discharge its duties or to exercise due diligence in discharging its duties under this Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not limited to, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to comply with the terms and conditions of the signatory's MS4 permit. SEVERABILITY If any provision in this Agreement is determined by a court of competent jurisdiction to be invalid and unenforceable, then the remaining provisions shall survive and remain valid and enforceable. DISPUTE RESOLUTION AND APPLICABLE LAW This Agreement shall be governed, interpreted and enforced by the laws of the Commonwealth of Virginia. In the event of a dispute between any parties arising out of or related to the Agreement, the parties agree to submit any cause of action to mediation upon consent of all necessary parties, or, to a court with competent jurisdiction located in the corporate limits of one of the member Localities. February 2014 4 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. February 2014 5 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: Date: d A I) ' Date: r I 1 Attest: T `� February 2014 6 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. OF C ESAPEAKE Date: Date: Attest: APPI144 ED AS TO FOiMII February 2014 7 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF HAMPTON By: ?�, )U-41. Mary B. Buntiri ity Manager r Date: Attest: Clerk of Council CITY OF HAMP Ott Dater OFFICE OF THE CITY ATTORNEY `-i I`f Approved as to legal(ortn and sufficiency Date: D ' 3.4 - ^ .Y4 Approved as to Content: Ait mm Q�e-e IZVI 4 Department of Public Works February 2014 8 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NEWPORT NEWS By: 0, A Maager Date: G 0 f ATTEST: APPROVED AS TO FORM: Aw"L ("��& , City Clerk City Attorney Date: y--,2 k-/y February 2014 10 ................... . ;... ........ . ......:: :.....: .. . ._ ... ... .. .. :...... .... -..:. :: �.,:::: 1. : .. ..:.. 1 �.. 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C�.�t .. ..... :; . .. . ....1. ... . . ... . ..... _.-- . . -- ..- . ...... .... .:: .. . .. .. .. . . „ . .. .. ,. • .: .. .. .. . . .... - .. .. . . . . ... : i?si�eis't - /:`:.. ,.. :.... °::':°::...:..:—.....;:•' . :.. .:.::.::::.:. ::C i t. .:C-e rk ... .. . : ::: . ..::. :. .•. :.. ., , ..... .: . .. .... ... ..... :.. .. .. : ?;P-w0VO:asao Form:"'" Correct. ess ::;_:: .. :; . . .. .. .-... ... .. 1. . .:..:...... .... :-- :... . . . . . .. . . :..... .:.:... ... .. I : I-. --..-- . . .: ,::. :: , . . . . . ...:.:. . ......:...:..:: -- . CyntYiia..B,..Hall; t5I . y : ...otney:_: : ::. :.. . . .. . .... . . .. ... .. ... ..... . . ::. .. . . ::• Febffi 20 4 ti ...... ................ .... ..... ... .... .... .. :.. Z .... .. ....... .. .. .. ...... ..... . .. ....... ... .._.I,�. IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF PORTSMOUTH By: )• avr-f. ' Date: IV1r a" l 4, 20 t4- Date: Mn//4 Attest—i��- February 2014 s IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH 6y: Date:, -� Date: )42�/ Q Attest:: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1. D ment of Public Works tify Atto'meys Office February 2014 12 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM THIS FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (the "Localities") and the Hampton Roads Planning District Commission ("HRPDC") (this "First Amendment'), effective this _1st_ day of _March_, 2019, amends the original Memorandum of Agreement among the parties dated March 1, 2014 (the "Agreement'). The Localities and HRPDC shall be referred to jointly as the "Parties." RECITALS: WHEREAS, by its terms, the Agreement terminates on March 4, 2019, and the Parties wish to amend the Agreement and extend its term prior to its termination; and WHEREAS, the Parties agree to amend the Agreement and continue their arrangement as outlined herein. AGREEMENT Now, THEREFORE, WITNESSETH, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the Parties agree as follow: 1. Recitals. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Amendments. The Agreement is amended pursuant to the following modifications. a. Page 1, "BASIC PREMISES," delete the last sentence of the first paragraph and replace it with "The current permit was renewed in 2016 and will continue through 2021, at which time there will be another permit renewal." b. Page 3, "LOCAL GOVERNMENT RESPONSIBILITIES," delete the third bullet in its entirety. C. Page 3, "METHOD OF FINANCING," delete the first sentence of the first paragraph and replace it with "Program costs will be divided equally among the Localities, and the annual cost to each Locality for each year of the six-year term of this First Amendment is estimated at $77,917." d. Page 3, "DURATION AND TERMINATION," The original five year term will expire on March 1, 2019, and the Agreement will renew for a six year term ending March 1, 2025. e. All references to "this Agreement' shall be replaced with "this First Amendment." 3. Remaining Terms. Unless otherwise specified herein, the remaining terms and conditions of the Agreement remain in full force and effect. [SIGNATURES APPEAR ON FOLLOWING PAGES] 2 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. 3 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: Date: 3 / Date: /1 Attest: October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF CHESAPEAKE By: ames E. Baker, City M . ager Date: Date:2..�) '-) - 19 Attest* G Sandy Madison ity Clerk Approved as to form: Deputy Ci Att rney 3 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF HAMPTON By: Date: .. Date: *MsI tell Att CITY OF HAMPTON OFFICE OF THE CITY ATTORNEY Approved to to snd lepi sufflclency t � q r. ky tton ey October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NORFOLK By: Date: 11.1 y • 1S Date: Attes . Form & Correctness Approved: 7 Cynthia B. H , Deputy City Attorney October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NEWPORT NEWS By: City pager Date: I I �i I t� Date: 30/Zvi S APPROVED To FORM: Attest: &Xt 1"'., City Clerk IV De ty Attorne D te: r� a �® October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF PORTSMOUTH n0:--P-e-t is Patton er Date:__��2 � Date:_31 -Z l!2 Attest: � "Ulc� Q. K October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By=_.__ Date: ' o�'�•dD�q Date: Attest: APPROVED As TO � LEGAL sUFI~ICIENCY ` City i -'s C,iice __1 L_ _....._. October 2018 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100397 rtle:Storm Water Quality' uali Enhancements 11 tatus:Proposed Cate o :Storm Water De rtment:public Works ProjectProject Type Pro'ect T :Rehabilitation/Replacement istritt:C' ide Programmed IIIIIIIIIIIIIIIIIN Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 19,148,497 10,998,497 1,150,000 1,400,000 1,400,000 1,400,000 1,400,00 1,400,00 Description •. This project includes programs and projects to achieve stormwater pollutant reductions.This project includes performing project planning to identify water quality improvement projects to improve local water quality and to support implementation of Total Maximum Daily Load(TMDL)Action Plans.These action plans include:Bacteria TMDL Action Plan,Phosphorus TMDL Action Plan,and the Chesapeake Bay TMDL Action Plan.This project also includes updating these plans and measuring progress in achieving the required pollutant load reductions.This project includes studies,project planning,design, and may provide for construction of water quality improvement projects as funding allows.This program includes compliance tracking and reporting, inspections and monitoring,adaptive management,strategic planning,engineering studies,and public outreach and education associated with TMDL action plan implementation.This project also includes stormwater and surface water quality monitoring to support pollutant load reductions and local water quality impairments. Purpose The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from is system to local waterways.The M54 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act.The MS4 permit requires the development and implementation of Total Maximum Daily Load(TMDL)Action Plans for impaired waterways in the City that are identified in the permit.These plans are incorporated into the M54 permit and require the City to implement programs and construct stormwater management facilities to meet the City's pollution budgets or waste load allocations set by DEQ. History and Current Status This project first appeared in the FY 2012-13 CIP,as an ongoing program and is a continuation of project 7-183 Storm Water Quality Enhancements. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Inspections and Support 07/12-06/30 280,000 Design 07/12-06/30 2,800,000 Site Acquisition 07/12-06/30 800,000 Private Utility Adjustments 07/12-06/30 200,OD0 Construction 07/12-06/30 11,982,025 Contingencies 07/12-06/30 3,086,472 NO MAP REQUIRED Total Budgetary Cost Estimate: 19,148,497 Means of Financing Funding Subclass Amount Local Funding 18,775,537 Federal Contribution 65,000 State Contribution 275,935 Miscellaneous Funding 32,025 Total Funding: 19,148,497 FY 2024-25 to FYU 2029-30 316 CAPITAL IMPROVEMENT PROGRAM n N 1 045/ Zj V 9' I% V r w E t4o \I;;;..IV- ' CQ�.iQ :71 . $ITS .' r•'4 /,� i'l� :;rya` .4�s�,1�,,',' Y:�;, ,�} t,,.. � ;•�.+.=w:G:r, ,e�'��5� /�r�,,,+��„e , :.''70p T, �,*.• 'Q_ To _71 ,F�"wimn R -fly o;_i CH, SAPEA wq %01 0 wIffir S J a.. -"I NAW k. f WON rjlfpdlomw� iNORF.ULK W 0 N 1-264 A* blot ON • Na 5 V0 M V 1, Mix off 15 .Kwk 1, \N IN W, V, f qp Dfl r, Mr., WE A 0"J— 9i y f-- N ECNj D 7 pp" 11, - V 45 �CFiPs • Aw, fit LOCATION MAP OF Legend REGIONAL WATER QUALITY STATIONS FOR Station 0204306533 M .O. A RENEWAL Station 0204295063 City Property Feet 100 0 6,000 12,000 Prepared by P.W./Eng./Eng.Support Services Bureau 04/19/2024 X:\CADD\Projects\ARG Files\AGENDA MAPS\Regional Water Quality Monitoring Stations\Regional Water Quality Monitoring Stations.mxdj Wall; rrS �s3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the City's Participation in the Proposed Settlement of Opioid-Related Claims MEETING DATE: July 9, 2024 ■ Background: The City and the Virginia Office of the Attorney General have been engaged in national litigation against certain parties for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic. The litigation seeks to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities. Virginia localities, including the City, and the Commonwealth, through counsel, negotiated the terms of a memorandum of understanding related to the allocation and use of recoveries from the litigation. The City Council on August 17, 2021 , approved the City's participation in the Virginia Opioid Abatement Fund and the settlement allocation memorandum of understanding. The City Council has previously approved settlements with McKesson, Cardinal Health, AmerisourceBergen, Janssen, Teva, Allergan, Walmart, CVS, and Walgreens. The attached resolution authorizes a settlement with Kroger Co. IN Considerations: The City's outside opioid litigation counsel has recommended that the City participate in the settlement in order to recover its share of the funds that the settlement would provide, and the City Attorney concurs with that recommendation. This resolution approves the City's participation in the proposed settlement. ■ Public Information: Dissemination pursuant to regular Council agenda process. ■ Recommendations: Adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney City Manager: D � 1 A RESOLUTION APPROVING THE CITY'S 2 PARTICIPATION IN THE PROPOSED 3 SETTLEMENT OF OPIOID-RELATED CLAIMS 4 5 WHEREAS, the opioid epidemic that has cost thousands of human lives across 6 the country also impacts the City of Virginia (the "City") by adversely impacting the 7 delivery of emergency medical, law enforcement, criminal justice, mental health and 8 substance abuse services, and other services by the City's various departments and 9 agencies; and 10 11 WHEREAS, the City has been required and will continue to be required to allocate 12 substantial taxpayer dollars, resources, staff energy and time to address the damage the 13 opioid epidemic has caused and continues to cause the citizens of the City; and 14 15 WHEREAS, the City has filed suit against Kroger Co. ("Kroger") for its role in the 16 distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled 17 the opioid epidemic that has harmed the City; and 18 19 WHEREAS, the City's suit seeks recovery of the public funds previously expended 20 and to be expended in the future to abate the consequences and harms of the opioid 21 epidemic; and 22 23 WHEREAS, a settlement proposal has been negotiated that will cause Kroger to 24 pay to resolve opioid-related claims against it; and 25 26 WHEREAS, the City has approved and adopted the Virginia Opioid Abatement 27 Fund and Settlement Allocation Memorandum of Understanding (the "Virginia MOU"), and 28 affirms that the pending settlement with Kroger shall be considered "Settlements" that are 29 subject to the Virginia MOU, and shall be administered and allocated in the same manner 30 as the opioid settlements entered into and approved by the City Council; and 31 32 WHEREAS, the City's outside opioid litigation counsel has recommended that the 33 City participate in the settlement in order to recover its share of the funds that the 34 settlement would provide; and 35 36 WHEREAS, the City Attorney has reviewed the available information about the 37 proposed settlement and concurs with the recommendation of outside counsel; 38 39 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA, THAT: 41 42 The City Council approves of the City's participation in the proposed settlement of 43 opioid-related claims against Kroger and directs the City Attorney and/or the City's outside 44 counsel to execute the documents necessary to effectuate the City's participation in the 45 settlement, including the required release of claims against the settling entity. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: CityAttdriney s ffice CA16601 R-1 June 24, 2024 Nu sE,� S yo)) ? 1 4= f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into two City-owned maintenance easements, and a City-owned variable width impoundment easement, located at the rear of 1937 Haviland Drive MEETING DATE: July 9, 2024 ■ Background: Larry M. and Darlene Duncan Brink (the "Applicants") request permission to construct and maintain a riprap revetment and a wood dock, and to maintain an existing plastic shed and an existing wood split rail fence (collectively, the "Temporary Encroachment") into a 15' and 5' City-owned maintenance easement, and a variable width impoundment easement, located at the rear of 1937 Haviland Drive (GPIN: 2414-88-3874) ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into the City-owned easements, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: fY) ? 1 Requested by Department of Public Works 2 3 AN ORDINACE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 TWO CITY-OWNED MAINTENANCE 6 EASEMENTS, AND A CITY-OWNED 7 VARIABLE WIDTH IMPOUNDMENT 8 EASEMENT, LOCATED AT THE REAR 9 OF 1937 HAVILAND DRIVE 10 11 WHEREAS, Larry M. Brink and Darlene Duncan Brink (the "Applicants") request 12 permission to construct and maintain 50 L.F. of quarry stone riprap revetment and a 10' x 13 10' wood dock, and to maintain an existing 8' x 6' x 6' plastic shed and an existing 4' wood 14 split rail fence (collectively, the "Temporary Encroachment") into a 15' and a 5' City-owned 15 maintenance easement, and a City-owned variable width impoundment easement, located 16 at the rear of 1937 Haviland Drive (GPIN: 2414-88-3874); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Larry M. Brink and Darlene 27 Duncan Brink, their heirs, assigns and successors in title are authorized to construct and 28 maintain the Temporary Encroachment within the City's easements as shown on the map 29 entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED RIPRAP 30 REVETMENT, DOCK, FENCE, & SHED AT OCEAN LAKES PHASE 2, SEC 2, BK B LOT 31 32 FOR LARRY & DARLENE BRINK 1937 HAVILAND DRIVE VIRGINIA BEACH, VA 32 23454 GPIN: 24148838740000," Scale: 1" = 50', dated June 05, 2024, prepared by 33 Chesapeake Bay Site Solutions, a copy of which is attached hereto as Exhibit "A" and on 34 file in the Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach. 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Larry M. Brink and Darlene Duncan Brink and the City Manager or his 48 authorized designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: � (,Jl L/ 4 P BLIC WOR S / EAL ESTATE N� MEYER S:IOR CITY ATTORNEY CA16426 R-2 Prepared: 06/11/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d012\p048\00972246.doc NOTES: 1. THIS EXHIBIL/�S A RESULT 5� ��Q M0NUMMEENTSSEC�1 D-MTGH /�� ,`°°° THE COMPILATION OF DEEDS ��G�. �� oti��6 �� `��e Q�• h / AND PLATS SI�OWN HEREON AND DOES NOT CONSTITUTET�1 A BOUNDARY SURVEY. 5� 2. THE CITY OF RGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF z N�� RESTRICTIONS (REQUIRED BY vL"i o a I W EXISTING OTHER ASSOCIATIONS OR o N I z o c;S^ I C oo N AGENCIES � o ^ WE Zsmm �c�, Li '�ml�oco mao�l CI OF IRGNIA \� •f ^ ^ z � +��T•�� a = z N S N �s m IMPOU DMENT ENT 0 o o z N CN,� N (BANK TO BANK) : a W z� M.B. �478, PG. 1226 m GREGORY %MILSTEADLic. No47323 :�j 6/5/2i024 ; Z Z t I NPO. NAO 1 ��ri I z z PROPOSED 50 L.F. OF I, •� • Edge of I 50.0, CLASS q1 QUARRY STONE water RIPRAP REVETMENT Ex•Ripro a10'0 & 10'x1) WOOD DOCK ---I-- Ex. TO Ex. 4' Wood of Bonk — I Split Roil Fence 20.0 8x6W Ex. 15' CITY 0 V GINIA BEACH 10' CITY OF VIR�INIA BEACH & w.t2.6 I I Prefobri- ted MAINTENANCE EASEMENT DRAINAGE EASEMENT °ek7 P�os6c Shed M.B. 247 PG.1226 M.B. 2478, PG. 1226 I Ex. 6' Wood f 19p I -Stockode Stock6odWood I Ex, 2—Sty Fence 5'i MAINT. I Fence I F� I EASEMENT M.B. 2478 PG. 1226 VMW () Z NE I I com I I N.344872 .252 I I I ±166 TO INTERSECTION-- - W E 122182 0.5.300 OF HAVILAND DRIVE & A HA VILAND DRIVE PIN(f) (50, R/W) o So too N.•3448765.927 (M.B.2478, PG 1226) Feet E-12218237 000 SCALE: 1"=50' EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED RIPRAP REVETMENT, DOCK, FENCE, & SHED AT (MMPEAM BAY OCEAN LAKES PHASE 2, SEC 2, BK B LOT 32 SITE SOLUTIONS FOR LARRY & DARLENE BRINK P.O.BOX 6"3 1937 HAVILAND DRIVE VIRGINIA BEACH,VA.23456 PH.:757-575-3715 WWW.CHESAPEAKEBAY TESOLUTIONS.COM VIRGINIA BEACH, VA 23454 GPIN: 24148838740000 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 _A day of -Tw4 e 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LARRY M. BRINK and DARLENE DUNCAN BRINK, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "32", as shown on that certain plat entitled: "SUBDIVISION OF OCEAN LAKES PHASE TWO - SECTION TWO PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated November 1985, prepared by The Sirine Group, LTD., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 2478, at page 1228, and being further designated, known, and described as 1937 Haviland Drive, Virginia Beach, Virginia 23454. WHEREAS, it is proposed by the Grantee to construct and maintain a 50 L.F. quarry stone riprap revetment and a 10' X 10' wood dock, and to maintain an existing 8' x 6' x 6' plastic shed and an existing 4' wood split rail fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINS: NO GPINS ASSIGNED (A CITY-OWNED 15' AND 5' MAINTENANCE EASEMENT, AND A CITY-OWNED VARIABLE WIDTH IMPOUNDMENT EASEMENT) 2414-88-3874 (1937 HAVILAND DRIVE) WHEREAS; in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 15' and 5' City-owned maintenance easement, and a City-owned variable width impoundment easement collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED RIPRAP REVETMENT, DOCK, FENCE, & SHED AT OCEAN LAKES PHASE 2, SEC 2, BK B LOT 32 FOR LARRY & DARLENE BRINK 1937 HAVILAND DRIVE VIRGINIA BEACH, VA 23454 GPIN: 24148838740000," Scale: 1" = 50', dated June 05, 2024, prepared by Chesapeake Bay Site Solutions, 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, LARRY M. BRINK and DARLENE DUNCAN BRINK, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By- (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, 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 My 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 , 2024, 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 My Notary Registration Number: My Commission Expires: 6 A.", -�W- 6,a Larry M. Arink Darlene Duncan Brink STATE OF VIRGINIA CITY/COUNTY OF ' i to-wit: 5� The foregoing instrument was acknowledged before me this day of 2024, by Larry M. Brink and Darlene Duncan BL'nk. (SEAL) Notary Pu lic (((REG. ..D•• ay° '•.My Notary Registration Number: D a1 NOTARY '••My Commission Expires: I O Puei�#7882112 <OMMISSION :XPIRES ',W=4 ALTH.O ��•`° APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM o P BLIC WOR - REAL ESTATE AN RMEYER SENIOR CITY ATTORNEY 7 1. THIS EXHIBIT�4S A RESULT 5OF FIELD MONUMENT�SESCCI COMBINED ;�� THE COMPILATION OF®DEEDS AND PLATS S N HEREON / S��'�0 AND DOES NOT CONSTITUTE ��`L �� `L�h A BOUNDARY �URVEY. �Q/� 9 2. THE CITY OF �IRGM BEACH�� IS NOT RESPONSIBLE FOR o / VERIFICATION OF �v / RESTRICTIONS REQUIRED BY c; o�* I W"' o _ G 1i�$11NG OTHER ASSOCIATIONS OR o a a o N =o g I �, gE / AGENCIES �Wam`''mao °° o�qo " ^o z�m� �� \gym*� I ? moo°° C OF RG IA �� T Orr Z a 2 m g Z m a l IMPOU DMENT ENT �'' N (BANK TO BANK) 0 �: o z I M.B. 478, PG. 1226 i$ J: 'I IN GREGORY 0. MILSTEAD 4, W Lic. No. 47323 : h� � la TA ��p 6/5/2024 Nffoo� ONAhpllk I = z PROPOStD 50 L.F. OF N�� Edge of I •0' CLASS '1 QUARRY STONE water RIPRAP EVETMENT Ex.Ripro 010.0' 10'xl ' WOOD DOCK JX—of Top Ex. 4" Wood �20. of Bonk I Split Roil Fence I Y VIRGINIA 8x6:Y6' Ex. 15' CITY BEAC 10' CITY OF VIR�INIA BEACH c. Wwt2'6'I I Prefobrcoted MAINTENANCE EASEMENT DRAINAGE EMENT °e` I Plostic Shed M.B. 247 , PG.1226 j M.B. 2478, G. 1226 I I Ex. 6" Wood 1107 I Stockade Fence de I Ex. 2-Sty IWood Fence 5' EAMENT I Frame I I vmw__ M.B. 2478, PG. 1226 I COMWE sYs1E►i I I I ( P/N F�, Soum ZONE C- N.'344872 5.252 t166' TO INTERSECTION- - I • w E.-122182 0.5300 OF HAVILAND DRIVE do ESTEVAN COURT L HA VILAND/�DRIVE PIN(F) /W) 0 50 100 N3448765.927 (M.B.2478, PG 1226) Feet E.'12218237.6300 SCALE: 1"=50' EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED RIPRAP REVETMENT, DOCK, FENCE, & SHED AT CHESMEAM BAY OCEAN LAKES PHASE 2, SEC 2, BK B LOT 32 SITE SOLUTIONS FOR LARRY & DARLENE BRINK P.O.BOX 6663 1937 HAVILAND DRIVE VIRGINIA BEACH,VA.23456 PHAKEBA 75-3715 SnTML VIRGINIA BEACH, VA 23454 W W W.CHESAPEAKEBAYSI7F.SOLUTIONS.COM GPIN: 24148838740000 Per our plat/survey, we own out to the middle of the lake. All we want to do is put up a rip rap bulkhead so the erosion to our land will stop. Lots of our neighbors already have this. Note erosion... KI I if Irk- Vk 1 � b�yl�"�'~•. tr �..' w .+. � , _� ;l, ''\`♦.� `era` / M Tj 1~ " Rt• lip `to �` 1�.-.. :. ''4' t .. �1 F yfif:' '=..w•s�.: ,:i:_� :.,... -'..' "'ern" -a�.�....�, ^s"--_ `�y�.�„�a ..-.... .,:,,+.�:.y - '�_ '-,,,ram""- ��•at�'..• - "�"'�k�� -', `,.. _ �.i ,.,s .r w� � t R' � r DAM Nkdli4& N W E S ITE / 2� ♦ ♦ 10' DRAINAGE EASEMENT �2 oe "9i �C 9`rF` ♦�� t' 'i J j♦ '0 � s 2� > v F % LOCATION MAP ' ENCROACHMENT REQUEST ` FOR LARRY M. BRINK AND DARLENE DUNCAN BRINK Legend 1937 HAVILAND DR. 02414-88-3874 GPIN 2414-88-3874 Feet City Property 0 25 50 100 i'repared by P.W./Enq./Enq.Support Services Bureau 02/22/2024 k\CADD\Projects\ARC Files\AGENDA MAP S\2414-88-3874\2414-88-3874.mxc N x p S 41 1 10'DRAINAGEiEASEMENT s f, F "IN 9 F LOCATION MAP ENCROACHMENT REQUEST • . >T W FOR LARRY M. BRINK AND DARLENE DUNCAN BRINK Legend I _ _ , 1937 HAVILAND DR. 2414-88-3874 \ \ .fi G P I N 2414-88-3874 Feet City Property � Am 0 25 50 100 Prepared by P.W./Enq./Enq.Support Services Bureau 02/22/2024 XACADD\Projects\ARC Files�AGENDA MAPS�2414-88-3874\2414-88-3874 Aerial.mxc Disclosure Statement OtV of rVir a 0ead6 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 Larry& Darlene Brink Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Gregory O. Milstead,P.E. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 NO • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement V'3 CWYOfB-ch 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? r Yes ❑ No • If yes,identify the financial institutions providing the service. ) 2. Does th C p ipl cent h ve a real estate boker/age/ ealtor focurrent amend anticipated future sales of the subject property? J P P Y• ❑ 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? ❑ 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 W No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement VA3 lirwrio 3.. 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? M Yes ❑ No • If yes,identify the firm and individual providing the service. Chesapeake Bay Site Solutions,Inc.(Gregory O. Milstead,P.E.) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® 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. C Applicant Sign ture Larry&Darlene Brink Print Name and Title Date Is the applicant also the owner of the subject property? ® Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ that pertains to the applications No changes as of Date Signature Revised 11.09.2020 3 1 P a g e Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Right- of-Way Known as Atlantic Blvd. (formerly Ocean Avenue), commonly referred to as the City Greenbelt, Adjacent to 901 Atlantic Avenue MEETING DATE: July 9, 2024 ■ Background: Dunes Hotel Investment Associates, LLC, a Virginia limited liability company (the "Applicant") requested permission to construct and maintain a stairway to patio area, paver walkway for ADA access, foot wash, landscaping, LED lighting, concrete retaining walls level with lower patio and glass panel fence, handrails, paver patio and entry area, with a combined total of approximately 1,129 sq. ft. (the "Encroachments") into a portion of City right-of-way known as Atlantic Blvd. (formerly Ocean Avenue), commonly referred to as the City Greenbelt, adjacent to its property at 901 Atlantic Avenue (GPIN: 2427-24-6614-0002). ■ Considerations: City staff reviewed the Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. The Encroachments will be open to the general public, not merely people dining at the Applicant's restaurant and outdoor cafe, though the Applicant may establish reasonable rules to prevent loitering and protect the health and safety of users of the Encroachments. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Encroachments as presented, deny the Encroachments or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Exhibit, Agreement, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: Ifo 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY RIGHT- 5 OF-WAY KNOWN AS ATLANTIC BLVD. (FORMERLY 6 OCEAN AVENUE) COMMONLY REFERRED TO AS THE 7 CITY GREENBELT ADJACENT TO 901 ATLANTIC 8 AVENUE 9 10 WHEREAS, Dunes Hotel Investment Associates, LLC, a Virginia limited liability 11 company(the "Applicant") has requested permission to construct and maintain a stairway to 12 patio area, paver walkway for ADA access, foot wash, landscaping, LED lighting, concrete 13 retaining walls level with lower patio and glass panel fence, handrails, paver patio and entry 14 area, with a combined total of approximately 1 ,129 sq. ft.(the "Encroachments") within a 15 portion of an existing City right-of-way known as Atlantic Blvd. (formerly Ocean Avenue), 16 commonly referred to as the City Greenbelt, located adjacent to 901 Atlantic Avenue 17 (GPIN: 2427-24-6614-0002); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's right-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns and 28 successors in title are authorized to construct and maintain the Encroachments within a 29 portion of the City's right-of-way, as shown on the map entitled: "EXHIBIT 'A' 30 ENCROACHMENT EXHIBIT PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, 31 BLOCK 9 VIRGINIA BEACH (M.B. 1, PG 23-A) (IN. 20080116000059720) VIRGINIA 32 BEACH, VIRGINIA DUNES HOTEL INVESTMENT ASSOCIATES, LLC (IN. 33 20100503000410180)", having a Scale: 1" = 20', dated 11/27/2023, and prepared by WPL, 34 a copy of which is attached hereto as Exhibit A, and on file in the Department of Public 35 Works and to which reference is made for a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 38 those terms, conditions and criteria contained in the agreement between the City of Virginia 39 Beach and Dunes Hotel Investment Associates, LLC (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 44 hereby authorized to execute the Agreement; and 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 46 time as Dunes Hotel Investment Associates, LLC and the City Manager or his authorized 47 designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 50 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- 0 P BL C WOR S, REAL ESTATE CITY ATTORNEY CA16425 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p043\00974501.doc R-1 Prepared: June 25, 2024 C �Rc�N�4 ST TLANT/C BOULEVARD �RD IONf;1 �c'Sygs, .o�E .�:> : . :• l l . (FORMERLY OCEAN AVENUE) '' "' ' 23/93 rU� ;CONCRETE BOARDWALK '�'[-'.;: M%8 ,3, PG. 176) 'vJ EXISTING BIKE y PATH CROSSING CONCRETE WALKWAY; PROPOSED STAIRWAY TO PATIO AREA �0I I LED LIGHTING (TYPICAL) 10' BIKE PATH _ - _ - _ - _ - _ - - _ - _ _ �fiI _ _ _ _ _ CONCRETE RETAINING SETBACK _ _ - _ _ _ _ _ _ EXISTING ASPHALT BIKE PATH _ WALLS LEVEL WITH - - - LOWER PATIO AND GLASS FOOTWASH (REUSE EX. PAVERS) _ - - _-_-_ - _ I - - - PANEL FENCE FOR WIND TIE INTO EX. WALKWAY FOR ADA " RCP STEPS - - - - - BLOCK (TYPICAL) (SEE ACCESS (REUSE EX. PAVERS) _ — DETAIL ON SHEET 4) 11.4' HANDRAILS (TYPICAL) 1 PROPOSED PAVER PATIO PLANTING BED (TYPICAL) AND ENTRY AREA t� LAWN (TYPICAL) A2 W� 01 1 'Oi S 13'50'19" E 355.00Qi ' l Qi r9 EDGE OF EXISTING BUILDING ADD NEW VESTIBULE FOR 1� IT #901 ATLANTIC AVE ACCESS FROM LOBBY (IN. 20071012001387900)ONE CONDO UNIT LINE 0 20 40 60 Ft ...� 101 (IN. 20071016001406610; N/F IN. 20080626000756110) UNIT7#0 GRAPHIC SCALE GPIN: 2427-24-6614-0101 THRU GPIN: 2427-24-6614-0002 2427-24-6614-1202 (IN. 20071012001387900) SCALE: 1 n=20' SHEET 1 OF 4 EXHIBIT 'A' ENCROACHMENT EXHIBIT O�D1 PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIR(i�A BEACH RIC ARNER►... (M.B. 1, PG. 23-A)(IN. 20080116000059720) Lip, 2904 a VIRGINIA BEACH, VIRGINIA 0312812024 kd7ate: HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) Landscape Architecture Land Surveying 77/2023 fb/pg: proj. no.: 223-0041 y Civil Engineering SUITwpisite.com 757.431.1042 p M15TANG 1RAl STE B VR(#U ffAgl, VA 234520041_enchmnt exh.dwg plat ref.: V-287 CAD/chk: BKM/eag �'oO,QOC�N44 STq i ATLANTIC BOULEVARD Y OCEAN .AVENUE) (tit B.; PO 17'6 J s . NOTE I I -- 3 1,129 SQ. FT. OF IMPROVEMENTS - - - - - - - ENCROACHING INTO _ - _ - _ - _ - _ - .7.0';.7.7' - - - - fi I_ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - .31.5' - - - - -2.4' - RIGHT—OF—WAY - - - - - - - - - - - - - - - - - - - - - - _ - _ - - - - - - - - - - - = -7.8 : - - - - — —9.0'S.0' 11 4' RESORT AREA 5.0' OUTDOOR CAFE FRANCHISE PROGRAM l (NOT PART OF ` 15.7' 77 ENCROACHMENT 19.0' PLAN) W 1.32.55' iOk S 13'50'19" E �J N/F #901 ATLANTIC AVE �5.0 45.4' UNITONE 51.5' -� (IN. 20071012001384340) NSF 0 20 40 60 Ft IN (IN. 20071016001406610; f CONDO UNIT LINE UNIT TWO GPIN2 27-24 0-661447 0 01101 THRU GPIIN: 2427-24-6614-0002 GRAPHIC SCALE 2427-24-6614-1202 ( 20071012001384340) SCALE: 1„=20' SHEET 2 OF 4 EXHIBIT 'A' L` 0-PPENCROACHMENT EXHIBIT PARCEL 'A' r� RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIRGINIA BEACH RIC ARNER►-+ (M.B. 1, PG. 23—A)(IN. 20080116000059720) y VIRGINIA BEACH, VIRGINIA TAC. 2904 kdate: S HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) 0312812024 Landscape Architecture �� y0� Land Surveying 1/27/2023 f7g: ECAD/chk: : 223-0041Civil Engineering ,S UP- wplsite.com 757.431.10411 pMISTANG iRAL SIE 81RQIA VA 23152 -0041_enchmnt exh.dwgrplatref.: V-287 BKM/eag CURVE TABLE A TLANTA C BOULEVARD(FORMERL ' OCEAN AVENUE) C1 10.06 7.81 73'48 31 S 69'1729 E C2 13.13 26.16 28'44 40 S 26'17 04 E 1 12.99 :'a C3 27.23 36.76 42'2640 S 11'3121 E 26.61 1'/RGj4, C�Rp/ ST4 LINE TABLE _: I 1 NE, ,�� L 1 N 13'40 31 W 51.58 L2 N771855 E 8.83 - - - - - - - - - - +- - - - - - - - - - - - L4 N 7701 47 E 3.91 _ - - --- - - - - - - -C3 - - - - L6 N 77'51 13 E 4.89 — — — - - -{—� — = LB - - - L7 N 76'45 07 E 229 N CZ- — — — — — -O- — — �--�_ L8 S 13'32 1 B E 7.02 L 11 L9 S 75'31 47 W 2.14 G L 10 S 77'42 00 W 4.17 L 11 S 43'29 05 W 4.58 tp RESORT AREA L 12 N 36'5326 W 3.93 L5 OUTDOOR CAFE L 13 S 75'38 09 W 2.54 11 4' L 12 FRANCHISE PROGRAM l L 14 S 18'48 10 E 0.54 v h L 13 (NOT PART OF L 14 L 15 S 76'14 59 W 15.41 L j v ENCROACHMENT WC 132.55' PLAN) iOy S 13'50'19" E L 1Ej N/F #901 ATLANTIC AVE UNIT ONE CONDO UNIT LINE _+ (IN. 20071012001387900) f 0 20 40 60 Ft (IN. 20071016001406610; r N/F IN. 20080626000756110) I UNIT TWO GPIN: 2427-24-6614-0101 THRU GPIN: 2427-24-6614-0002 GRAPHIC SCALE 2427-24-6614-1202 (IN. 20071012001387900) SCALE: 1"=20' SHEET 3 OF 4 EXHIBIT 'A' L' q ENCROACHMENT EXHIBIT r� PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIRGINIA BEACH RIC ARNER►-� (M.B. 1, PG. 23-A)(IN. 20080116000059720) Lic. 2904 VIRGNIA BEACH, VI GINIA 0312912024 a Architecture Landscape DUNES HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) Land Surveying date: 11/27/2023 fb/pg: ECAD/chk: no.: 223-0041 SURN Civil Engineering wpIsite.com 757.431.1041 242 YUSTNIG 1RAL S1E 8 YRGNA BEAOi VA 23152 file: 223-0041_enchmnt exh.dwg7platref.: V-287 NOTE- . THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. • THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR FINISH PAVERS-SEE VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER I THE CIVIL DRAWINGS ASSOCIATIONS OR AGENCIES. RAILING•SEE THE CNIL DWGS.--I I SLAB-SEE PLAN • THE PROPOSED ENCROACHMENT SHALL NOT IMPEDED DRAINAGE TO THE EXISTING SYSTEM. THE ENCROACHMENTS 1-#4 CONTINUOUS TOP OF PAVER SHALL NOT BE BUILT OVER THE EXISTING DRAINAGE CONTINUOUS 3/4'CHAMFER ELEV.-SEE PLANT STRUCTURE. • THE OWNERS ACKNOWLEDGE THAT IF THE CITY FORCES #4 DOWELS AT 12'dc MUST PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY WITH STD.180•HOOK EASEMENT, THE ENCROACHMENTS MUST BE REMOVED AT CONTINUOUS 3/4'CHAMFER THE OWNER'S EXPENSE. POROUS FILL • ALL REQUIRED PERMITS (BUILDING, AND ASSOCIATED #4 AT 12•ac HORIZONTAL VAPOR RETARDER TRADES) MUST BE OBTAINED PRIOR TO COMMENCEMENT #4 AT 12'o/c VERTICAL OF CONSTRUCTION. MIDDLE OF WALL (-- 8'CONCRETE WALL GRADE-SEETHE u CIVIL DRAWINGS 5-#4 CONTINUOUS TOP a rn #4 TIES AT 12'01c TOP STANDARD 90 HOOK iV U 2-#4 CONT.BOTTOM i 4 3'CLR. 8- 8- 2'-0• T-4- SECTION NOT TO SCALE SHEET 4 OF 4 EXHIBIT 'A' L'H OFF ENCROACHMENT EXHIBIT r PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIRGINIA BEACH RIC ARNER (M.B. 1, PG. 23-A)(IN. 20080116000059720) Lic. 2904 VIRGINIA BEACH, VIRGINIA 0312812024 DUNES HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) le ��' Landscape Architecture 1, Land Surveying date: 11/27/2023 fb/pg: proj. no.: 223-0041 SURV�' Civil Engineering wplsite.com 757.431.1041 242 Id1STAK TRAI STE 8 ViM M VA 2W file: 223-0041—enchmnt exh.dwg plat ref.: V-287 CAD/chk: BKM/eag PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 311 EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of June, 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Granter, "City", and DUNES HOTEL INVESTMENT ASSOCIATES. LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WIT NESSETH: WHEREAS, the Grantee is the owner of that certain real property located in the City of Virginia Beach, Virginia, described as Unit Two in 900 Oceans Master Condominium, together with an undivided interest in common elements, and together with any and all easements and other rights appurtenant to Unit Two as defined and described in the Declaration of 900 Oceans Master Condominium ("Master Declaration") dated October 1, 2007 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") on October 12, 2007, as Instrument No. 20071012001387900. Unit Two being further depicted on the plat and plans included and incorporated by reference as Exhibit "E" to the Master Declaration; WHEREAS, the City entered into an encroachment agreement dated August 14, 2006, recorded in the Clerk's Office as Instrument No. 20061116001730320 (the "2006 Agreement") with the Grantee's predecessor in title, which 2006 Agreement was assumed by Grantee, and except as modified herein, the 2006 Agreement remains in full force and effect, binding upon the Grantee herein; GPIN: CITY RIGHT OF WAY ATLANTIC BLVD. (FORMERLY OCEAN AVENUE) (NO GPIN) 2427-24-6614-0002 (901 ATLANTIC AVENUE) WHEREAS, it is proposed by the Grantee to construct and maintain a stairway to patio area, paver walkway for ADA access, foot wash, landscaping, LED lighting, concrete retaining walls level with lower patio and glass panel fence, handrails, paver patio and entry area, with a combined total of approximately 1,129 sq. ft., 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 an existing City right-of-way known as Atlantic Blvd. (formerly Ocean Avenue), commonly referred to as the City Greenbelt, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIRGINIA BEACH (M.B. 1 , PG 23-A)(IN. 20080116000059720) VIRGINIA 2 BEACH, VIRGINIA DUNES HOTEL INVESTMENT ASSOCIATES, LLC (IN. 20100503000410180)", having a Scale: 1" = 20', dated 11/27/2023, 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 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 Temporary Encroachment 3 will not be used as a dining area because the Grantee operates an adjacent boardwalk outdoor cafe under a Franchise Agreement, which utilizes the maximum allowable 800 square feet of dining area in the City right-of-way. It is further expressly understood and agreed that the Temporary Encroachment will be open to the general public, not merely people dining at the Grantee's restaurant and outdoor cafe, though Grantee may establish reasonable rules to prevent loitering and protect the health and safety of users of the Temporary Encroachment. 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. 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 attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage 4 to City property or facilities during construction. 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 One Million Dollars ($1,000,000.00) per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, the said Dunes Hotel Investment Associates, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Christopher W. Brown, Vice President of Dunes Hotel Investment Associates, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 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 2024, 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 2024, 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: 7 DUNES HOTEL INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company BY '� '' (SEAL) Christopher W. Brown, Vice President STATE OF VIRGINIA CITY OF Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this ('? 4-4- day of June, 2024, by Christopher W. Brown, Vice President of Dunes Hotel Investment Associates, LLC, a Virginia limited liability company. G�1 �K • .��v��. (SEAL) Notary Public DEBORA K. SMITH NOTARY PUBLIC Notary Registration Number: -7 y ao(e Q REGISTRATION#7020623 My Commission Expires: 1/31 COMMONWEALTH OF VIRGINIAMY COtJ IJSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM UBLIC ORKS - REAL ESTATE CITY ATTORNEY 8 C00y'O/1! TLANT/C BOULEVARD R N� STq (FORMERLY OCEAN AVENUE) 23�93 Yvey CONCRETE BOARDWALK I J ( f 8. 3, PG. 176) J EXISTING BIKE PATH CROSSING 'CONCRETE WALKWAY. ` bI PROPOSED STAIRWAY TO PATIO AREA �I I LED LIGHTING (TYPICAL) 10' BIKE PATH - - - - - - - - �- LOWER CONCRETE RETAINING SETBACK _ _ _ _ EXISTING ASPHALT BIKE-PATH _ WALLS LEVEL W/TH FOOTWASH (REUSE EX. PAVERS) - - -- - - - - - - - - - PATIO AND GLASS _ _ _ _ PANEL FENCE FOR WIND TIE INTO EX. WALKWAY FOR ADA " RCP STEPS- - - _ - _ = BLOCK (TYPICAL) (SEE ACCESS (REUSE EX. PAVERS) _ — DETAIL ON SHEET 4) 11.4' HANDRAILS (TYPICAL) PROPOSED PAVER PATIO -� PLANTING BED (TYPICAL) AND ENTRY AREA '1~1'' LAWN (TYPICAL)--------, 1W�' L4 iOy S 13'50'19" E 355.00' EDGE OF EXISTING BUILDING ADD NEW VESTIBULE FOR rA N/F #901 ATLANTIC AVE ACCESS FROM LOBBY v, UNrr ONE CONDO UNIT LINE 0 20 40(IN. 20071012001387900) 60 Ft (IN. 20071016001406610; UNN IN. 20080626000756110) TWO GRAPHIC SCALE GPIN: 2427-24-6614-0101 THRU GPIN: 2427-24-6614-0002 2427-24-6614-1202 (IN. 20071012001387900) SCALE: 1"=20' SHEET 1 OF 4 EXHIBIT 'A' ENCROACHMENT EXHIBIT q �'L CFP. PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIRGINIA BEACH RIC ARNER (M.B. 1, PG. 23-A)(IN. 20080116000059720) 2904 a VIRGINIA BEACH, VIRGINIA 03/28/2024 DUNES HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) l� Landscape Architecture Land Surveying date: 11/27/2023 fb/pg: proj. no.: 223-0041 �� Q 2Civil Engineering SUP- Isite.com 757.431.1041 WMANG TIM STE 8MW BEACH,VA 2m file: 223-0041—enchmnt exh.dwg Fat ref.: V-287 CAD/chk: BKM/eag Cp fitF" c/N4 'STATE- ATLANTIC i BOULEVARD 'moo STc' ; :_., ORMERL Y. OC 83/9 M so >.1:1 (f EAN AVENUE) .�� UTjy ,•: . NOTE- 1,129 SQ. FT. OF IMPROVEMENTS ENCROACHING INTO .7' - - - - tl- - - - - - - - - - - - - - - - - - - - RIGHT—OF—WAY _ - _ - _ - _ - _ - - - - _ - - _ 31.5' _ - _ - _ - _ -2.4' - - - - - - S.0' 11.4 RESORT AREA OUTDOOR CAFE FRANCHISE PROGRAM (NOT PART OF ^^ 19.0' 15 7' ENCROACHMENT W132.55' PAN) ti iOy S 13'50'19 ME N/F #901 ATLANTIC AVE I 5.0' 45.4' v, UNIT ONE -NK (IN. 20071012001384340) (IN. 20071016001406610; CONDO UNIT LINE N/F 0 20 40 60 Ft IN. 20080626000756110) f UNIT TWO o p GPIN: 2427-24-6614-0101 THRU II' GPIN: 2427-24-6614-0002 GRAPHIC SCALE 2427-24-6614-1202 (IN. 20071012001384340) SCALE: 1"=20' SHEET 2 OF 4 EXHIBIT 'A' ENCROACHMENT EXHIBIT ,�►1'TH OF p PARCEL 'A' r RESUBDIVISION OF LOTS 1 THROUGH 7, B;72 VIRGINIA BEACH � R I C AR N ER►-�(M.B. 1, PG. 23—A)(IN. 200801160000 VIRGINIA BEACH, VIRGINI iic. 2904 � DUNES HOTEL INVESTMENT ASSOCIATES. LL100503000410180) 03/28/1024 Landscape ArchitectureLand Surve 'nCivil Engineeringdate: 11/27/2023 fb/pg: no.: 223-0041 �S,UR�wplsite.com 757.431.1041242 MISTANG 1RAL S1E 8 WM BEACH,YA 230 file: 223-0041—enchmnt exh.dwg plat ref.: V-287chk: BKM/eag CURVE TABLE A TLANTJ/ �, BOULEVARD C1 fo.o6 7.81 73'48 31 s 69'1729 E 9.38 (FORMERL-] OCEAN AVENUE) e2— f3.1.3 26.16 28'44 40 S 2677 04 E 12.99 �M B, �3, C3 27.23 36.76 42 26 40 S 113121 E 26.6 f I I Cpp�RG/r►� IpyE�'u97��- gnc',n LINE TABLE I ► „� SysjFMG4NE I I 23�9j Li N 13'40 31 W 51.58 J L2 N77'1855 E8.83 L3 N 13'16 17 W 5.98 - _ - _ - _ - _ - _-- _ - _ - _ - t l- - - - - - - - - - - - - - - - - - - - L4 N 7701 47 E 3.9f - - - L5 S 14;3016 E 6.25 - - - - - - -- - - - - - - - - - - _ - _ - _ - _ L6 N 7751 13 E 4.89 _ _— — — — — _ _CIT - L7 N 764507 E 2.29 —� L8 - - - - - - - - - - - - - - L8 S 13'32 18 E o-2 _ C� �O— �11�� L9 S 75'31 47 W 2.14 (j v _ L 10 S 77'42 00 W 4.17 — L 11 S 43'29 05 W 4.58 - RESORT L 12 N 365, 26 W 3.93 L5 OUTDOOR CAFE L 13 S 75'38 09 W 2.54 L 14 S 18'4810 11.4 L 12 FRANCHISE PROGRAM E 0.54 L 15 S 76'14 59 W 15.41 L 14 (11 L2 L3 J L 13 ENCROACHMENT j„1�' 132.55' PLAN) W iOy S 13'S0'19" E L 1 Ej I� rJ N/F I #901 ATLANTIC AVE m /� UNrr ONE CONDO UNIT LINE ( o lz�. (IN. 20071012001387900) K�1 (IN. 20071016001406610; N/F 0 20 40 60 Ft IN. 20080626000756110) UNITGPIN: 2427-24-6614-0101 THRU GPIN: 2427-24 6 14-0002 GRAPHIC SCALE 2427-24-6614-1202 (IN. 20071012001387900) SCALE: 1"=20' SHEET 3 OF 4 EXHIBIT 'A' ENCROACHMENT EXHIBIT L'TH OF�f PARCEL 'A' B, RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 ' VIRGINIA BEACH RIC ARNER►-� (M.B. 1, PG. 23—A)(IN. 20080116000059720) Lic. 2904 VIRGINIA BEACH, VIRGINIA a.�izaiz29 [date: S HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) 1 024 Landscape Architecture Land Surveying 1/27/2023 fb/pg: ro no.: 223-0041 VCivil Engineering P 1 SUP- wplsite.com 757.431.1041 242 MUSTANG 1RAL SIE 8 WOM ffA01,VA 2M -0041—enchmnt exh.dwg plat ref.: V-287 CAD/chk: BKM/eag NOTE • THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. • THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER FINISH PAVERS-SEE ASSOCIATIONS OR AGENCIES. RAILING-SEE THE CIVIL Dwcs. THE CIVIL DRAWINGS • THE PROPOSED ENCROACHMENT SHALL NOT IMPEDED SLAB•SEE PLAN DRAINAGE TO THE EXISTING SYSTEM. THE ENCROACHMENTS 1-#4 CONTINUOUS TOP OF PAVER SHALL NOT BE BUILT OVER THE EXISTING DRAINAGE ELEV.-SEE PLAN—} CONTINUOUS 3/4'CHAMFER —� STRUCTURE. • THE OWNERS ACKNOWLEDGE THAT IF THE CITY FORCES #4 DOWELS AT 12"o/c MUST PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY WITH STD.180'HOOK EASEMENT, THE ENCROACHMENTS MUST BE REMOVED AT CONTINUOUS 3/4'CHAMFER THE OWNER'S EXPENSE. POROUS FILL • ALL REQUIRED PERMITS (BUILDING, AND ASSOCIATED #4 AT 12'0/c HORIZONTAL TRADES) MUST BE OBTAINED PRIOR TO COMMENCEMENT #a AT 12"o/c VERTICAL VAPOR RETARDER OF CONSTRUCTION. MIDDLE OF WALL —1' 8"CONCRETE WALL GRADE-SEETHE r; CIVIL DRAWINGS 5-#4 CONTINUOUS TOP a V o_ 94 TIES AT 12"o/c TOP STANDARD 90 HOOK U g N 2-#4 CONT.BOTTOM 4 3'CLR. 8" 8" 7-0" 3'4" SECTION NOT TO SCALE SHEET 4 OF 4 EXHIBIT 'A' ENCROACHMENT EXHIBIT �L CFj'l PARCEL 'A' RESUBDIVISION OF LOTS 1 THROUGH 7, BLOCK 9 VIRGINIA BEACH RIC ARNER►-� (M.B. 1, PG. 23—A)(IN. 20080116000059720) Lic. 2904 VIRGINIA BEACH, VIRGINIA 0312812024 DUNES HOTEL INVESTMENT ASSOCIATES, LLC(IN. 20100503000410180) 'e Landscape Architecture O Land Surveying date: 11/27/2023 fb/pg: ro no.: 223-0041 ,5' �1�'� Civil Engineering P J UP- Cpplsite.com 757.431.1041 242119MG 1RAL SR:8 VRGINA l3EAp1,VA 2W file: 223-0041_enchmnt exh.dwg plat ref.: V-287 CAD/chk: BKM/eag < N i� W E T n � �g►.vD � S V G11`nABEA c 1 NORFOLKAV SI tE 10�N ST � �.-- 0 ro �c C� �r 0 O G m 9SHS�.� NpRFp� LOCATION MAP ENCROACHMENT REQUEST Legend FOR DUNES HOTEL INVESTMENT ASSOCIATES, LLC City Property GPIN 2427-24-6614-0002 1. ® Encroachment Area u Feet 2427-24-6614-0002 ` 0 50 100 200 prepared by P.W./Enq./Enq.Support Services Bureau 06/17/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-24-6614-0002 Disclosure Statement Oty of Virginia!teach Planning & Communi. 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, cornmission or other body. Applicant Disclosure Applicant Name Dunes Hotel Investment Associates, LLC dba Springhill Suites V.B. Oceanfront Hotel 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.;Robert E. Farmer, III, Kaufman&Canoles, PLC 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) Manager:Coastal Hospitality Associates,LLC-Christopher W. Brown,Vice President;Members:Lyons Family Asset Protection Trust:Thomas J. Lyons,Jr.;OCTO, Inc.:Timothy J.Stiffler • If yes,list the businesses that have a pa rent-subsidiary' or affiliated business entity relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the sarne offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a P e Disclosure Statement city o/t~vyirdd 8axn 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 W No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-col lateral Ization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ No • if yes, identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? © Yes ❑ No • If yes,identify the firm and individual providing the service. Marty Ridout, CPA/Kevin Riggins,CPA, BDO 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. Billy Almond/Nicole Nwisstanner,WPL 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. np,atpfr i, n4 ?mn 2 1 hit E?f Disclosure Statement W (Ny.f 1,vinia fin h Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ No • If yes,identify the company and individual providing the service. Jeff Knowles, Hoy Construction, Inc. 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. Scott Acey, MSA; Billy Almond,WPL; Don Bowers,AIA,Saunders&Crouse 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. R. Edward Bourdon,Jr.,Esq.,Sykes, Bourdon,Ahern&Levy, P.C.;Robert E. Farmer,III, Kaufman&Canoles, PLC Applicant Signature 1 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. Dunes Hotel Investment Associates,LLC ay•. "b-tE.L- rt•..,�,6�e, tNc.. , i�c IMhue rt Applicant Signature Christopher W. Brown,Vice President Print Name and Title May � ,2024 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 updated that pertains to the applications No changes as of Oete /j/ Signature d Print Name Revised I J.09.2020 3 1 P a t',e S IA. �i i t �Vti.vv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $820,798 from the Department of Criminal Justice Services MEETING DATE: July 9, 2024 ■ Background: The City has been awarded federal funds to mitigate the impacts of mass violence events on the workplace. Funding for this award comes from the Antiterrorism and Emergency Assistance Program (AEAP) and supports victims and jurisdictions that have experienced incidents of terrorism or mass violence. AEAP is designed to supplement the available resources and services of entities responding to acts of terrorism or mass violence. Funds will be used to host a variety of trainings, specifically for public safety professionals in the realms of resiliency, emotional resilience, mental health, crisis intervention, and cognitive fitness. These trainings are aimed at enhancing leadership skills, improving performance in high stress situations, and building a resilient workforce. ■ Considerations: There is no local match required for this fund. The funding period for this award ends on September 30, 2024. Invoices may be paid for 45 days following the end of the award period, but no new expenses may be incurred after that point in time. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Volunteer Resources City Manager: op 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $820,798 FROM THE DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $820,798 is hereby accepted from the Department of Criminal Justice Services, 9 and appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 10 Budget of the Office of Volunteer Resources for various initiatives related to training and 11 resiliency. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 - B4.idget and Management Services orney's Office CA16546 R-2 June 26, 2024 ui`• 4 100 tp G - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the FY 2024-25 Operating Budget of the Office of the Voter Registrar MEETING DATE: July 9, 2024 ■ Background: The Code of Virginia mandates the governing body of each city to pay compensation to its voter registrar and electoral board in accordance with the compensation plan approved by the General Assembly. The Commonwealth's recently adopted budget provides a 3% salary increase, which is effective July 1 , 2024.The City anticipates an increase of $10,701 for Fiscal Year 2024-25. ■ Considerations: The attached ordinance appropriates the state funds for the salary increase. There are no additional obligations to the City as it relates to this funding. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Voter Registrar City Manager: 0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE FY2024-25 OPERATING BUDGET OF THE 3 OFFICE OF THE VOTER REGISTRAR 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $10,701 is hereby accepted from the Commonwealth and appropriated, with 9 revenue increased accordingly, to the FY 2024-25 Operating Budget of the Office of the 10 Voter Registrar to provide salary adjustments approved by the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an Management 86rvices i y orney's Office CA16603 R-1 June 26, 2024 J. PLANNING 1. NMP—C4 FAIRFIELD S/C, LLC for a Variance to Section 4.4 (b) of the Subdivision Regulations re subdivide the property to create a separate parcel for the existing McDonald's restaurant at 5242 Fairfield Shopping Center & 5236 Providence Road DISTRICT 3 RECOMMENDATION: APPROVE 2. CRAIG M. & KRIS C. KIRBY for a Street Closure re approximately 563 square feet of an unnamed, and unimproved alley, adjacent to the rear of 631 Vanderbilt Avenue DISTRICT 5 RECOMMENDATION: APPROVE 3. HOLLY ROAD,LLC for a Street Closure re portion of an unnamed, unimproved 15' Lane and an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive DISTRICT 6 RECOMMENDATION: APPROVE 4. AUTOBELL CAR WASH, LLC / MALBON BROTHERS PETROLEUM, LLC for a Modification of Proffers to a Conditional Change of Zoning and Modification Conditions to a Conditional Use Permit re redevelop an existing manual car wash facility with a new 3,350- square foot automated car wash facility at 1896 General Booth Boulevard DISTRICT 5 RECOMMENDATION: APPROVE 5. ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential re develop a ten (10) lot single-family subdivision West of Bluegrass Lane& East of 2044 Aloma Drive re DISTRICT 2 RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION-APPROVE 6. EARTHSCAPES ENTERPRISES, LLC for a Conditional Change of Zoning from B2 Community Business & I-1 Light Industrial to Conditional I-1Light Industrial re construct a 3-story, climate-controlled self-storage facility, totaling 106,800 square feet between 619 & 623 London Bridge Road DISTRICT 3 RECOMMENDATION: APPROVE 7. CHARLOTTE NECIUK/ MICHAEL & CHARLOTTE NECIUK for a Conditional Use Permit re home occupation-commercial kitchen at 2733 Pleasant Acres Drive DISTRICT 2 RECOMMENDATION: APPROVE 8. LAFLEUR PROPERTIES,LLC for a Conditional Use Permit re truck & trailer rentals at 440 South Lynnhaven Road DISTRICT 3 RECOMMENDATION: APPROVE 9. VB COMMERCIAL CENTER,LLC for a Conditional Use Permit re bulk storage yard at 4944 Euclid Road DISTRICT 4 RECOMMENDATION: APPROVE 10. JIM LUTZ/LULU 1,LLC for a Conditional Use Permit re short-term rental at 915 Pacific Avenue, Unit D DISTRICT 5 RECOMMENDATION: APPROVE 11. JEFF JAGLOWICZ for a Conditional Use Permit re short-term rental at 304 28a` Street, Unit 103 DISTRICT 6 RECOMMENDATION: APPROVE 12. GREEN CLEAN HOLLAND. LLC/ALP& ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 RECOMMENDATION: DENIAL 13. HUSSAIN SURANI /RSS WFCM2015-NXS4-VA-PAD, LLC for Conditional Use Permit re indoor recreation facility at 2058 South Independence Boulevard DISTRICT 10 RECOMMENDATION: APPROVE 14. CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 106 of the City Zoning Ordinance re public notification requirements for the Board of Zoning Appeals (BZA) RECOMMENDATION: APPROVE NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 9,2024 at 6.00 p.m.in the Council Chamber at City Hall,Building L 2^d Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https://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 with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on July 9,2024. 2. Download WebEx and view the meeting at: https://vbgov webex com/wei)link/repister/rf398937OOc9l88e5bd4O6b056 ce4f7 The following requests are scheduled to be heard: NMP -C4 Fairfield S/C, LLC (Applicant& Property Owner)Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Address: 5242 Fairfield Shopping Center & 5236 Providence Road GPIN: 1466549642 City Council:District 3 Craig M&Kris C Kirby(Applicants)Street Closure Adjacent Address:631 Vanderbilt Avenue Adjacent GPIN: 2426384565 City Council:District 5 Holly Road, LLC(Applicant)Street Closure Adjacent Addresses:300 Bay Colony Drive and the adjoining western parcel Adjacent GPINs:2418779689,2418870679 City Council:District 6 Autobell Car Wash,LLC(Applicant)Malbon Brothers Petroleum,LLC(Property Owner)Modification of Proffers Modification of Conditions Address:1896 General Booth Boulevard GPIN:2415315462 City Council:District 5 Adekoje PJ 22001,LLC(Applicant&Property Owner)Conditional Rezoning(AG-1 Agricultural to Conditional R-10 Residential) Addresses: Parcels west of Bluegrass Lane & east of 2044 Aloma Drive GPIN(s): 1494389822,1494389445,1494480354 City Council:District 2 Earthscapes Enterprises,LLC(Applicant&Property Owner)Conditional Rezoning(B-2 Community Business& 1-1 Light Industrial to Conditional 1-1 Light Industrial District)Address:Parcel between 619&623 London Bridge Road GPIN:1496970566 City Council:District 3 Charlotte Neciuk(Applicant)Michael&Charlotte Neciuk(Property Owners)Conditional Use Permit(Home Occupation-Commercial Kitchen)Address:2733 Pleasant Acres Drive GPIN:1494566908 City Coundl: District 2 LaFleur Properties,LLC(Applicant&Property Owner)Conditional Use Permit(Truck&Trailer Rentals)Address: 440 S Lynnhaven Road GPIN:1496198422 City Council:District 3 VB Commercial Center,LLC(Applicant&Property Owner)Conditional Use Permit(Bulk Storage Yard) Address:4944 Euclid Road GPIN(s):1477134310 Ctty Council:District 4 Jim Lutz(Applicant)Lulu 1,LLC(Property Owner)Conditional Use Permit(Short Term Rental)Address:915 Pacific Avenue,Unit D GPIN:24272444111080 City Council:District 5 Jeff Jaglowicz(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:304 28th Street,Unit 103 GPIN:24280028661003 Ctty Council:District 6 Green Clean Holland,LLC[Applicant]Alp&Alex Asian[Property Owners]Conditional Use Permit(Car Wash Facility)Address:4245 Holland Road(GPIN 1476963446).Council District 10 Hussain Surani(Applicant) RSS WFCM2015-NXS4-VA-PAD, LLC (Property Owner)Conditional Use Permit (Indoor Recreation Facility)Address: 2058 S. Independence Boulevard GPIN: 1485352650 City Council: District 10 City of Vtrginla Beach-An Ordinance to amend Section 106 of the City Zoning Ordinance pertaining to notices of publication. 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 https://virginiabeach.gov/pc.For information call 757-385-4621. 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,https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-JUNE 25,2024&JULY 2,2024-1 TIME EACH �N >> ffi �Cy N si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NMP — C4 FAIRFIELD S/C, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 5242 Fairfield Shopping Center & 5236 Providence Road (GPIN 1466549642). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 9, 2024 ■ Background: The applicant seeks to subdivide the property to create a separate parcel for the existing McDonald's restaurant located at 5236 Providence Road. The subject lot (Parcel A), established by plat in 1979, is zoned B-2 Community Business District and is currently developed with a shopping center and fast-food restaurant. The newly created parcels (Parcel A-1 and Parcel A-2) would meet the 20,000 square foot minimum lot area requirement; however, Parcel A-1 would not meet the lot width requirement of 100 feet measured at the 35-foot front yard setback. A variance to Section 4.4(b) of the Subdivision Regulations is required as Parcel A- 1 will be deficient in the minimum lot width by 75 feet and deficient by 39 feet in street line frontage requirements. Once the property is subdivided only 25 feet of lot width and street line frontage will be provided. ■ Considerations: Section 9.3 of the Subdivision Regulations provides criteria for City Council to grant Subdivision Variance requests. The Planning Commission concurred with Staff's recommendation of the approval of this request. At the Planning Commission Hearing, Condition 2 was added to address ingress/egress on the separate restaurant parcel (Parcel A-2). The condition indicates that a one-foot no ingress/egress easement shall be dedicated along Providence Road. The applicant agreed to the addition of Condition 2. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 1. 1 . The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial NMP-C4 Fairfield S/C, LLC Page 2 of 2 conformance to the submitted exhibit entitled "Subdivision of REMAINING PORTION OF PARCEL A, "FAIRFIELD SHOPPING CENTER," prepared by MSA, dated January 30, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. Prior to recordation, a one-foot no ingress-egress easement shall be dedicated along Providence Road for Parcel A-2 on the subdivision plat. ■ 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: ,,�, /�� Applicant& Property owner NMP— C4 Fairfield S/C, LLC Agenda Item Planning Commission • 2024 City Council District 3 12 Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) Staff Recommendation ROSAERLN r Approval rtoSAER� o J Staff Planner Marchelle Coleman Location "�+h 5242 Fairfield Shopping Center, 5236 Providence Road GPIN 1466549642 Site Size ti SrRgr' 11.16 acres F,�s r AICUZ MFA�a Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and ZoningDistrict _ Shopping center/B-2 Community Business F ,j�; �c ' ° cook/ w* w Ij Surrounding Land Uses and Zoning Districtsj. 'P '? ., �`" ,. � North �:ji pit ,�. __. _�'` •. Mini-warehouse, religious use/B-2 Community Business,A-12 Apartment South r• `r"ram , +t.t•. $� f'�� '.r: '1 6 416 Providence Road Mixed retail, restaurants/B-2 Community Pao BusinesskA w, �• _��ENCF �O East Kempsville Road `= ' ' -• r Single-family dwelling, public library, policev , - vEF 4 precinct, park/R-10 Residential, P-1 '" ti• z ` Preservation West Shopping center/B-2 Community Business NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 1 Background SummaryofProposal • The subject lot (Parcel A) is zoned B-2 Community Business District and is currently developed with a shopping center and fast-food restaurant.The lot was established by plat in 1979(M.B. 135, PG. 53). • The applicant seeks to subdivide the property to create a separate parcel for the existing McDonald's restaurant located at 5236 Providence Road. While both proposed lots (Parcel A-1 & Parcel A-2)would meet the 20,000 square foot minimum lot area requirement,the newly created Parcel A-1 will not meet the lot width requirement of 100 feet measured at the 35-foot front yard setback. Being that the lot width is measured at the narrowest part of the lot and only 25 feet of frontage is provided, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below, Parcel A-2 meets all the dimensional standards for properties in the B-2 Community Business District. However, Parcel A-1 is deficient in both minimum lot width &street line frontage. Required Proposed Required Proposed Required Minimum Minimum Street Line Street Line Minimum Proposed Proposed (feet) (feet) (feet) (feet) (square feet) Parcel A-1 100 25* 80 25* 20,000 461,238 Parcel A-2 100 150 80 120 20,000 24,850 *Variance Requested 9 R / 9 i A1T R, Zoning History 10 / O2 ` # Request —�� 1 CUP(Car Wash Facility)Approved 10/18/2022 Pt 2 CUP(Indoor Recreation Facility)Approved 11/20/2018 3 CUP(Church Expansion)Approved 06/14/2006 e CUP(Church Expansion)Approved 03/10/1993 `4 �o CUP(Church)Approved 05/14/1979 4 CUP(Car Wash Facility)Approved 06/12/2002 - 5 CUP(Communication Tower)Approved 07/11/1995 ez oz CUP(Mini-Warehouse)Approved 09/10/1984 � Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental ' Evaluation : Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 2 B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to address the reduction in lot width and street line frontage for Parcel A-1 is, in Staff's opinion, acceptable. Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan's vision for the Suburban Area. The shopping center is comprised of two parcels, both of which are considered legally nonconforming lots.The western parcel is Parcel B and the eastern parcel is Parcel A. Pursuant to Section 4.4(b)of the Subdivision Regulations, existing lots that fail to conform to present applicable zoning standards may be resubdivided to less than current minimum zoning standards if the lots have been legally created and if no greater degree of nonconformity than that already present would result. As such,the applicant would be permitted to resubdivide the property to create the restaurant parcel without a subdivision variance if the interior property line between Parcel A& B was vacated since the ultimate number of lots would not increase nor would the degree of nonconformity. However,since the applicant is requesting to maintain the existing interior property line between Parcels A& B and create a new parcel for the restaurant,thus creating three lots out of two,the variance is required. According to the applicant,vacating the interior property line between Parcels A& B is not feasible due to the number of existing commercial leases which would require numerous legal descriptions, lot area, and real estate tax changes. Staff is amendable to this request since the request is minor in nature. In Staffs opinion,this variance request would not be detrimental or adversely affect the character of the area as the shopping center will continue to operate as it has since its development in the late 1970s. Based on these considerations, Staff recommends approval of this request with the condition listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "Subdivision of REMAINING PORTION OF PARCEL A, "FAIRFIELD SHOPPING CENTER," prepared by MSA, dated January 30, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. Prior to recordation, a one-foot no ingress-egress easement shall be dedicated along Providence Road for Parcel A-2 on the subdivision plat. 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. NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 3 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 again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Resources' Natural & Cultural • This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Public Utility Impacts Water &Sewer The site is connected to both 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 May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 4 'zr.�1nBfL • C^ IMICM WWS MAM6 OM Rfl f tM"t A nW ISar S?4n'1 Z 21- la'M'M IMW -!' • n rIr may Suwon our M'tae ma Pr mw i -met as IMM.k mw MATMM — SEE SHEET 3 r:vobt AMt a Apawm rMpmw + :•rn.� a.«Aar«,,.:,'�AV — AIMlA♦"Mimn- FAW MAe1MevA11C w AM AIq w.M®JV AIR m w /Y, BMrMt AnY AtR10 v0'va"!nF(JaA74r + AN - AIRS f w-Pt�wa9�cK uc �1 p M r.R R.xL .AR a stiiM•MM7I -AY mo r.7 M 1aN! v AA 7n Jx Ar Ap 1 Of"M n CAM ' PROPOSED ' A��.lw I I PARCEL A-1 ' r C Q� St.%loft s \. .ITW40 _. 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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 NMP-C4 Fairfield S/C, LLC Does the applicant have a representative? W Yes ❑No e If yes,list the name of the representative. Robert Beaman III,Esq.-Troutman Pepper Hamilton Sanders,LLP Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 1111111 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Members:New Market-Fairfield,LLC,and C4 Fairfield S/C,LLC • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) New Market-Fairfield,LLC,and C4 Fairfield S/C,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. 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I F a F., NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 10 Disclosure Disclosure Statement D Planning&Conununity Development �r Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑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-col late ralization,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. Atlantic Union Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? IS Yes ❑No • if yes,identify the company and individual providing the service. David Hoppe-Atlantic Capital Partners 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. 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,identity the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U,No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 11 Disclosure Disclosure Statement D t�-ft' k4-� .� Planning&Community Dtvelopment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?&Yes ❑No a If yes,identify the firm and individual providing the service. Jeffrey J.Vierrether,L.S.-MSA 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?t Yes ❑No a If yes,identify the firm and individual providing the service. Robert Beaman III,Esq.-Troutman Pepper Hamilton Sanders LLP 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. N M P-C4MLLC //�4 . BY: Applicant Signature Peter B.Pappas,Manager Print Name and Title January 31,2024 Date - - - Is the applicant also the owner of the subject property? 1 Yes ❑No a If yes,you do not need to fill out the owner disclosure statement. • a that pertains to the applications ® No changes as of 11data 6/18/2024 signature i->. Print Name ' - - - Marchelle L. Coleman Revised 11.09.2020 3 1 P a g NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 12 Disclosure NMP—C4 Fairfield SIC, LLC (List of Members for the corporations that make up NMP—C4 Fairfield S/C, LLC) Peter B. Pappas Tim Sittema Paul Baalman Mike Wiggins Dana Dubose Tom Sittema John Eliot NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. NMP—C4 Fairfield S/C, LLC Agenda Item 12 Page 14 R75 Ol C�r eander � PAj1 �RlIiOA c►d �o 2 10 ` -9� • 02 R-1 0 �� o P1J C I Pr r o 1 R 10 v►ae ce R 0 00 0 Roam � o � Pro°wd CZ ence Roam o �r`�ri' B2 �/ R10 C7/ 02 R-. R10 N r 'M Site Property Polygons NMP - C4 Fairfield S/C, LLC wE Zoning 5242 Fairfield Shopping Center S Building & 5236 Providence Road Feet 0 50100 200 300 400 500 600 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 12 NMP-C4 Fairfield S/C, LLC RECOMMENDED FOR APPROVAL - CONSENT Clerk: Agenda Item #12 NMP-C4 Fairfield S/C, LLC is a subdivision variance request for section 4.4 of the subdivision regulations at 5242 Fairfield Shopping Center in 5236 Providence Road in District 3. Mr. Alcaraz: Just come forward and state your name please. Mr. Beamon: Thank you, Mr. Chairman, Madam Vice Chair, members of the commission. For the record, Rob Beamon, Virginia Beach Land Use Attorney with the Troutman Pepper Law Firm here today on behalf of the applicant. I wanted to just join Eddie and the commission quickly in congratulating Kay on her retirement. I've worked with Kay now for about 17 years, and it's been a pleasure the entire time. As I mentioned to her the other day, she's my resource on Virginia zoning law. No matter where I have cases, I always call Kay and bounce things off of her, and she's been kind enough to take those questions, and I really appreciate that. So, best wishes, Kay, moving forward, and Tori, we look forward to working with you as well. Regarding the application before you today, this is an application to create a new lot for the existing McDonald's over at the Fairfield Shopping Center, which has been on the property for a long time. No new improvements are proposed at all. This is just an exercise of trying to make a separate lot for this McDonald's site. The McDonald's site itself, which is proposed for subdivision, which is shown on your screen right here, would meet all the applicable criteria under the zoning ordinance for a separate lot, and let's bringing up this application, is the underlying lot, which was created lawfully back in 1979 by a plat that was approved by the planning director and others with the city, and is there any way we could do the picture of the existing lot? So, this configuration of the lot, if you include the green with the rest of the lot, is the current configuration that was originally subdivided back in 1979. We're not proposing to alter any component of the lot other than that little, green parcel shown here, which is where the current McDonald's sits, and this application would create a separate subdivided parcel just for that parcel itself. The reason for this application, the lot as it was subdivided in 1979 has a little stem you'll see to the right of that green parcel, which is 25 feet wide, which is where it touches the right of way on Providence Road. The way the city code determines lot width, it's where the skinniest portion of the property touches the road. That's been 25 feet for since 1979. We're not proposing to change that at all. And so, it's a lot that's non-conforming now, and it would be notwithstanding this application just because we're modifying the boundaries of the underlying lot, which is nonconforming, we need to come through for additional approval. So, with that, we certainly thank you for your consideration. I did want to add that the condition that was proposed this morning regarding limiting access along the new McDonald's parcel is fine with the applicant. We're amenable to that, and we thank you for your consideration. Mr. Alcaraz: Any questions for Mr. Beamon? None? Is there any speakers? No? Mr. Parks: I'd like to make a motion to approve this item with attachment that they provide a one foot no ingress egress easement on the front of the new parcel. Mr. Alcaraz: I have a motion by Mr. Parks. Ms. Hippen: Second. Mr. Alcaraz: Second by Ms. Hippen. Clerk: Vote's open. By a vote of 10:1, agenda Item #12 has been recommended for approval. AYE 10 NAY 1 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler NAY Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE f z' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Craig M. Kirby and Kris C. Kirby for the Closure of One-Half of an Unimproved. Unnamed Alley Adjacent to the Rear of 631 Vanderbilt Avenue in Croatan MEETING DATE: July 9, 2024 ■ Background: Craig M. Kirby and Kris C. Kirby (the "Applicants") requested the closure of approximately 563 square feet of an unimproved, unnamed alley (the "Right-of- Way") adjacent to the rear of their property located at 631 Vanderbilt Avenue (GPIN 2426-38-4565), for the purpose of incorporating the closed area into their adjoining property. On July 12, 2022, by Ordinance ORD-3703A, City Council approved the closure of this portion of the alley. Although the resubdivision plat was under review, it was not approved for recordation prior to the time to satisfy conditions expired and a request for an extension of time to satisfy conditions was not received. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the Croatan 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 was no opposition to the request. ■ Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request, subject to 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. Craig M. & Kris C. Kirby Page 2 of 2 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lot. 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 alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. ■ Attachments: Staff Report and Disclosure Statement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 4�9 1 ORDINANCE APPROVING THE APPLICATION OF 2 CRAIG M. AND KRIS C. KIRBY FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 631 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Craig M. Kirby and Kris C. Kirby (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of an unimproved, 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, unnamed right-of-way (the 21 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 22 met on 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 "AREA OF PROPOSED STREET CLOSURE 27 (563 SQ. FT. OR 0.013 ACRES)", and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OF THE EASTERN 7.50' OF 30 15' ALLEY (A PUBLIC RAN) LOT 13A RESUBDIVISION OF 31 LOT 13 & SOUTHERN 12 OF LOT 14 BLOCK 18 32 SUBDIVISION OF CROATAN BEACH VIRGINIA BEACH, 33 VIRGINIA (INSTR.#20080722000859410)", Scale: 1" = 20', 34 dated March 4, 2022, prepared by Hassell & Folkes, P.C. 35 Engineers-Surveyors-Planners, a copy of which is attached 36 hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1 . The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 47 No GPIN assigned (City Right-of-Way) 48 Adjacent GPIN: 2426-38-4565 49 Pursuant to Street Closures", approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $3,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants shall resubdivide the property and vacate the internal lot 54 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 55 be submitted and approved for recordation prior to the final street closure approval. 56 Said plat shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City of Virginia Beach, subject to the approval of the Department of Public 58 Works and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. The Applicants shall verify that no private utilities exist within the Right-of- 62 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 63 company must be provided. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above-stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within one (1) year of City Council approval, said approval shall be considered null and 69 void. 70 71 SECTION III 72 73 1 . If the preceding conditions are not fulfilled on or before July 8, 2025, this 74 Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before July 8, 2025, the date of final closure 77 is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the underlying 80 fee, the City Manager or his designee is authorized to execute whatever documents, if 81 any, that may be requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 83 84 SECTION IV 85 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 87 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH (as "Grantor") and CRAIG M. KIRBY and KRIS C. KIRBY 89 (collectively, as "Grantee"). 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 92 of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attor ey CA16434 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d014\p042\00811176.doc R-1 June 25, 2024 Exhibit A THIS EXHIBIT IS/N7FNDE0 TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIA7FD RECORD DOCUMENTS AND /S NOT WFNDED FOR ANY 07HER THAN GENERAL REFERENCE. LOT 1 LOT 2 GP/N 2426-38-3571 GP/N 2426-38-3515 (M.8. 24, PG. 37) (M.B. 24, PG. 37) (NOT INCLUDED) (NOT INCLUDED) N 1220 J2" W 75.00' 15' ALLEY (UN/MPR0ICED) h (M.8. 24, PG. 37) P/N(F) IVt� 1220 32 W 75.00 AREA OF PROPOSED STREET CLOSURE (563 SO. FT. OR 0.013 ACRES) o BL OCK 18 0 Q v N 3 13A 4j NORTHERN OF LOT 14A (M.B. 2A PG. 37) J S - GP/N.• 2426-38-4565 GPIN 2426-38--4664 -� ^ 7,500 50. FT. ^ (NOT INCLUDED) (IMPROVEMENTS NOT SHOWN) P/N(F) S 1220 J2"E 75.00' P/N(F) VANDERBIL T A VENUE (80'R/W) (M.8. 24, PG. 37) STREET CL OSURE EXHIBIT OF THE PROPERTY APPEARS TO THE EASTERN 7.50' OF 15 ALLEY LIE IN ZONE :V'AS SCALED (A PUBLIC R/W) YTR OF p FROM COMMUNITY NEL PA r 15155JI 0128 G, EFTECTIVE LOT 1,3A 0111612015. THIS IS TO CERTIFY THAT THIS PLAN RESUBDI VISION OF LOT IJ & RE,-ERS TO THE SAME L OT SOUTHERN OF LOT 14 AS SET FORTH SY PLAT LYNN D. EVANS a DATED 0710212008 AND BLOCK 18 Lic. No. 0012Z RECORDED IN THE CLERKS SUBDI VISION OF 0412112022 OFFICE OF THE CIRCUIT COURT OF VIRGINIA BEACH, CROA TAN BEACH pQ` VIRGINIA IN INSTRUMENT VIRGINIA BEACH, VIRGINIA H� SUR�Ey ,,,020080722000859410. (INS TR.#20080722000859410) ADDRESS.- 631 VANDERB/L T A VENUE W.O.. ,f'52695-2 HASSELL & FOLKES, P.C. 0' 10' 20' 40' ENGINEERS—SURVEYORS—PLANNERS DA7F.• 0 3/0 412 0 2? 325 KX VO PARKWAY GRAPHIC SCALE: 1%20' CHESAPEAKE, WROINIA 23320 PROW. (757) 547-9531 FAX.• (757) 547-9481 VA.•licants Craig M. & Kris C. Kirby Agenda Item Planning Commission . 2024 CouncilCity City of Virginia Beach Request Street Closure Staff Recommendation Now—. Approval 00 Q Staff Planner Marchelle Coleman 2 CROATAN R, S n Adjacent Address 631 Vanderbilt Avenue cN GPIN / r ��,�a�` ( L< '" � P 2426384565 010 1 � , Site Size c 563 square feet m AICUZ 65-70 dB DNL;Sub-Area 2 ° Watershed s Atlantic Ocean Existing Land Use and Zoning District Unimproved right-of-way •�,r Surrounding Land Uses and Zoning Districts t North . Single-family dwellings/R-10 Residential South T r r • i Aqua Lane H C wp Unimproved right-of-way,single-family dwellings/R-10 Residential East F Vanderbilt Avenue Single-family dwellings/R-10 Residential ._ West Unimproved alley,single-family dwellings/R-10 Residential A °P Craig M. & Kris C. Kirby Agenda Item 8 Page 1 Background Summaryof Proposal • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley adjacent to the rear lot line.As shown on the submitted street closure exhibit,the proposal includes closure of half of the 15-foot-wide alley,totaling 563 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 13A, Resubdivision of Lot 13&Southern%of Lot 14, Block 18,Croatan Beach. • City Council previously approved the closure of this portion of the alley on July 12, 2022. A resubdivision plat was under review; however,the consultant failed to resubmit the plat to meet the July 11,2023 recordation deadline. An extension of the time to meet the conditions of the July 12, 2022 approval was not requested,thus,this street closure is being submitted again to close the 563 square foot portion of the alley. • The site is developed with a single-family home and a fenced in backyard consistent with other residential lots in the Croatan neighborhood. Currently,the area proposed to be closed is fenced in with a pool and has been used and maintained by the applicant. W 1 r o R10 R,o Zoning History # Request -w - 1 STC Approved 07/12/2022 r 2 STC Approved 10/1/2019 3 STC Approved 05/21/2019 4 STC Approved 08/23/2011 5 STC Approved 02/22/2011 10 R10 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconfixming Use ALT—AlternativeCompliance STR—Short Term Rental • ' • • . IN As required by City Code, a Viewers' Meeting was held on April 25,2024,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 request.The Viewers determined that the proposed closure will not result in any public inconvenience;therefore, closure of this portion of the right-of-way is deemed acceptable. Several similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. Consistent with 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. Based on the consideration above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Craig M. & Kris C. Kirby Agenda Item 8 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 applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.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 alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist,easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. ' Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity,and relationship to surrounding uses. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Craig M. & Kris C. Kirby Agenda Item 8 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024, City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5,2024. Craig M. & Kris C. Kirby Agenda Item 8 Page 4 ClosureStreet 72L#S EXHIBIT IS INMM ED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY aosuR£AND INDEPENDENT OF 7HE ASSOCIA7ED RECORD DOIXINEN7S AND/S NOT INTENDED FOR ANY OTHER 7HAN GENERAL REFERENCE L07 1 LOT 2 GP/N 2426-J8-35/1 GRIN 2426-38-J515 (MB 24, PG J7) (MB 24, PG. J7) (NOT INCLUDED) (NOT INCLUOED) N 1270'J2" W 75.00' 15' ALLEY �p (UNIMPROVED) pw(F) ^ ^ (M8 24, PG. J7) N 127032" W 75.00' AREA OF PROPOSED STREET CLOSURE (56J SO. FT. OR 0.01J ACRES) W LAJ J � Q Q. g 8L 0CKI 78 g 0 3 Q�JA NORTHERN}OF LOT 14A Q S m N (M 37) BLOCK 18 ZS GPIN.• 2426-38-4565 p GRIN 2426-JS-4664 Ch 7500 S0• FT ^ (NOT wauD£D) (IMPROVEMENTS NOT SHOWN) PI/N(F) S 1270'J2"E 75.00' PIN(F) VANDERSIL T A VENUE (80'R/W) (M.S.. 24, PG J7) S77EET CLOSURE EXHIBIT OF THE PROPERTY APPEARS TO THE EASTERN 7 50' OF 15 ALLEY LIE/N ZONE X•AS SCALED (A OF FROM COMMUNITY PANEL (A PUBLIC R/W) p /5155J7 0128 G EFFEMIE LOT 1JA l�G, 07/1612015 rHIS'15 To RESUSDI VS/ON OF LOT 13 & CE 7HI RTIFY THAT THS PLAN f REFERS TO THE SAME LOT AS SET FCR7H BY PLAT SOUTHERN 12 OF LOT 14 LYNN D. EVANS OATED 0 710212008 AND BLOCK 18 Lic. No. 001279 RECORDED IN THE CLERKS SUSDI VISION OF 04 21 2022 OFFICE OF ME CIRCUIT COURT OF ORG/NIA BEACH, CROA TAN BEACH wa,NIA /N INSTRUMENT qND E�O� y20080721000659410 WRGINIA BEACH, ORG/NIA SURx (/NS7R.gF20080722000859410) ADDRESS, 637 VANDERBI/T AVENUF W.O ,152695-2 HASSELL & FOLKES, P.C. 0' 10' 20' 40' ENGINEERS-SURVEYORS-PLANNERS DA 7E• OJ/04/?022 J25 kM W PARKWAY GRAPHIC SCALE. 1'=20' 0YESAPEAK& W9MA 2JJ20 PHONE (757)547-9531 FAX (757)547-9461 Craig M. & Kris C. Kirby Agenda Item 8 Page 5 Site Photos �f � �"i� R�pus v,e..Y,,. -. •A.� <-.x .--` Craig M. & Kris C. Kirby Agenda Item 8 Page 6 Disclosure Disclosure Statement ('im nJl'winm&«h 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 Craig M.&Kris C. Kirby Does the applicant have a representative? M Yes ❑No • If yes,list the name of the representative. R Edward Bourdon,Jr,Esq,Sykes,Bourdon,Ahern&Levy,P.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes M 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,(it)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 � Craig M. & Kris C. Kirby Agenda Item 8 Page 7 Disclosure Disclosure Statement 10 Ccy r•J l'Nw Ruxf Planning&Community t Ik-elopment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes IN No • If yes,what is the name of the official or employee and what is the nature of the interest? 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 bus ness operating or to be operated or the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. Mortgage Electronic Registration Systems,Inc. 2. Does the applicant have a real estate b►oker/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?❑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 purchasers service providers. 21 Craig M. & Kris C. Kirby Agenda Item 8 Page 8 Disclosure Disclosure Statement It ID "' "`7& W 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?N Yes ❑No • If yes,identify the firm and individual providing the service. Lynn D.Evans,Hassell&Folkes,P.C. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the properly?®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. clFO K r_ Kau elkn Applicant Signature Craig M.Kirby Kris C.Kirby Print Name and Title 03-06-24 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 No changes as of date Signature Print Name 3 � Craig M. & Kris C. Kirby Agenda Item 8 Page 9 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 757-385-5692. • 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. Craig M. & Kris C. Kirby Agenda Item 8 Page 10 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 8 Craig M. & Kris C. Kirby RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Our next agenda item number is Item #8, Craig and Chris Kirby. Mr. Bourdon: Again, thank you for the record. Eddie Bourdon, Virginia Attorney representing Mr. and Mrs. Kirby. This was an easy one since it's the same conditions that were approved a couple years ago. Unfortunately, the civil engineer handling this wasn't familiar with the procE!ss of getting the resub plat done, and frankly, that one year is starting to be a problem across the board because they're dealing with MERS and some of these servicers. It's very difficult. We appreciate being on the consent agenda. It will definitely get done within the next few months, but the conditions are all acceptable. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Parks to read this into the record. Mr. Parks: Thank you. The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley adjacent to the rear lot lawn as shown in the submitted street closure exhibit. The repairs will include closure of half of the 15-foot-wide alley totalling 563 square feet. City Council previously approved the closure of this portion on the alley on July 12th, 2022, as mentioned by Mr. Bourdon. Since there was no objection then and there's still no opposition, we felt it was appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1 , 4, 5, 7, 8, 9, 10, 11, 13, 1.4, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11 : 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE C3_—R1-0 R10 RT0 R10 G ZU c�, R10 G10 R10 `� c� R10 10 1 N ® Site Property Polygons Craig M & Kris C Kirby Zoning 631 Vanderbilt Avenue S Building Feet 0 1530 60 90 120 150 180 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Holly Road, LLC for the Closure of a Portion of an Unnamed, Unimproved 15' Lane and an Unimproved Portion of Holly Road Adjacent to 300 Bay Colony Drive MEETING DATE: July 9, 2024 ■ Background: Holly Road, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 905 square feet of the southern half of an unnamed, unimproved 15' lane and approximately 3,312 square feet of the western half of an unimproved portion of Holly Road (collectively, the "Right-of-Way"), located to the rear of and adjacent to its two parcels at 300 Bay Colony Drive (GPINs: 2418-77- 9689 and 2418-87-0679) for the purpose of incorporating the closed areas into its parcels. ■ Considerations: The street closure request is consistent with the City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners. The Viewers determined that the closure of the Right-of-way, with conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. ■ Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request, subject to 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 of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 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 Right-of-Way into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over the closed portions of the Right-of- Holly Road, LLC Page 2 of 2 Way for access to and maintenance of the public infrastructure located within or to be located within the alley, which easement is subject to approval of the Department of Public Utilities and the City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for the closures. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to finalization of the street closure, if any improvements are to remain or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for an encroachment into the public utility and access easement. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of- Way, this approval shall be considered null and void. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen Agency: Planning Department011 City Manager: �/A�J 1 ORDINANCE APPROVING APPLICATION OF HOLLY 2 ROAD, LLC FOR THE CLOSURE OF A PORTION OF 3 AN UNNAMED, UNIMPROVED 15' LANE AND AN 4 UNIMPROVED PORTION OF HOLLY ROAD 5 ADJACENT TO 300 BAY COLONY DRIVE 6 7 WHEREAS, Holly Road, LLC, a Virginia limited liability company (the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved rights-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved rights-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or 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 unimproved portions of rights-of-way (collectively, the 21 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 22 met on 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 being 25 in the City of Virginia Beach, Virginia, designated and described as 26 "AREA OF PROPOSED STREET CLOSURE (905 SQ. FT. OR 27 0.021 ACRES)" and (AREA OF PROPOSED STREET CLOSURE 28 (3,321 SQ. FT. OR 0.076 ACRES)", shown as the cross-hatched 29 areas on that certain exhibit plat entitled: "STREET CLOSURE 30 EXHIBIT OF A 25' X 132.5' PORTION OF HOLLY ROAD AND A 31 7.5' X 118.38' PORTION OF AN UNNAMED 15' LANE 32 ADJACENT TO LOTS 127-A & 128-A THE HOLLIES (M.B. 6, PG. 33 107) ( M.B. 285, PG. 18) VIRGINIA BEACH, VIRGINIA", Scale: 34 1"=40', dated January 3, 2024, prepared by WPL, a copy of which 35 is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City Council's 40 adoption of this ordinance: 41 42 1 . The City Attorney's Office shall make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 44 Beach shall be determined according to the "Policy Regarding Purchase of City's 45 46 NO GPIN (Right-of-Way) 47 Adjacent GPINs: 2418-87-0679 and 2416-77-9689 48 49 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 50 policy are available in the Planning Department. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the Right-of-Way 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 must include the dedication to the City of Virginia Beach of a public utility and 56 access easement over the closed portions of the Right-of-Way for access to and 57 maintenance of the public infrastructure located within or to be located within the alley, 58 which easement is subject to approval of the Department of Public Utilities and City 59 Attorney's Office, respectively, and which easement shall include a right of reasonable 60 ingress and egress. 61 62 3. The Applicant shall verify that no private utilities exist within the Right-of- 63 Way proposed for the closures. If private utilities do exist, easements satisfactory to the 64 utility company must be provided and shall be recorded after the final resubdivision plat 65 is recorded with the Clerk of Circuit Court. 66 67 4. Prior to finalization of the street closure, if any improvements are to remain 68 or be constructed in the Right-of-Way proposed for closure, the Applicant must apply for 69 an encroachment into the public utility and access easement. 70 71 5. Closure of the Right-of-Way shall be contingent upon compliance with the 72 above stated conditions within 365 days of the approval by City Council. If the 73 conditions noted above are not accomplished and the final plat is not approved for 74 recordation within one year of the City Council vote to close the Right-of-Way, this 75 approval shall be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before July 8, 2025, this 80 Ordinance will be deemed null and void without further action by the City Council. 81 82 2. If all conditions are met on or before July 8, 2025, the date of final closure 83 is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the underlying 86 fee, the City Manager or his designee is authorized to execute whatever documents, if 87 any, that may be requested to convey such interest, provided said documents are 88 approved by the City Attorney's Office. 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 93 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 94 VIRGINIA BEACH as "Grantor" and HOLLY ROAD, LLC, as "Grantee." 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of 12024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Al Planning Department City Attorney CA16433 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p043\00974445.doc R-1 June 25, 2024 EXHIBIT A NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF opPROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS RICVjARNERPROPERTY. Mc. 2904 a05024 VARIABLE WIDTH PUBLIC DRAINAGE {'�UTIUTY EASEMENT (M.B. 285, PG. 18-19) (D.B. 4217, PG. 670) LOT PIN: I LOT 151-A I LOT 150 I LOT 149A I LOT 148A 2418-77-8789 1 GPIN: 2418-77-9831 I GPIN: 2418-77-9880 1 GPIN: 2418-87-0843 I GPIN: 2418-87-1815 N 747747"E 4708' 7.50' N 742747"£ 147.94' W LAA— S 4b70'1J'f N 742747"E (> AAG >07J 17.33' 6aJ6 5R00 AREA @�PR171R01SE0 Q LANE CLOSURE $ 8 4 �L (905 SQ FT. OR w 0.021 ACRES) N O O 1Q W N LOT 128 A LOT f27-A , W i 1 LOr A J GPIN: 2418-77-8694 2 h N AREA a-PRIED h O STREET CLOSURE (AJ12 SO FT. OR 0.076 ACRES) ` R�00' .. L=42.J4' 70.56' 1\11 50.00' 25' S 742747 W 14&56 EX. VARIABLE WIDTH PRNATE INGRESS/EGRESS EASEMENT (M.B. 285, PG. 19) SA Y COLONY DMVE (70'R/W)8 A Pa f07VVAC C) SCALE: 1'=40' ' CwSIIRB SHEET 1 OF 2 JANUARY 3, 2024 of A 25' Y 132.5' PORTION OF HOLLY ROAD AND A 7.6' % 118.38' PORTION OF AN UNNAMED 15' LANE lim ADJACENT TO LOTS 127-A & 128-A in THE HOLUES (M.B. 8. PG. 107) (M.B. 285, PG. 16) 757 431.1041 vmmu ��. vmmu AMR&>�a��e1 ece��rs1s: GD A BKbi/eag CITY OF VMMIA MUCH. VA PLAT:H-091 JN:223-0380 LOT# OWNER(S) - N/F GPIN REFERENCE(S) LOT 126 MAYBEE, JAMES A. & 2418-87-1755 M.B. 6, PG. 107 MAYBEE, CYNTHIA A. D.B. 4104, PG. 1975 127—A HOLLY ROAD, LLC 2418-87-0679 M.B. 285, PG 18-19 D.B. 3829, PG. 657 128—A HOLLY ROAD, LLC 2418-77-9689 M.B. 285, PG 18-19 D.B. 4311, PG. 386 148 A SIEGEL, JACK L. & 2418-87-1815 IN. 20161110001021810 BERTINI, LISA A. IN. 200305290083214 149 A WHITE, MATTHEW & 2418-87-0843 IN. 20161110001021810 WHITE. VALERIE IN. 202303013507 LOT 150 BEACH CUSTOM HOMES, LLC 2418-77-9880 M.B. 6, PG 107 IN. 202303025121 LOT 151—A BEACH CUSTOM HOMES, LLC 2418-77-9831 M.B. 285, PG 18-19 IN. 202303025125 LOT 152—A DAVID, JOHN A. & 2418-77-8789 M.B. 285, PG 18-19 DAVID JULIA G. IN. 20100824000874330 A KENNETH J. ORTIZ & 2418-77-8694 M.B. 87, PG 41 SARAH A. ORTIZ LIVING TRUST IN. 20130318000310510 ha'TH Opp, RIC ARNER Lic. 2904 0510112024 SUR SCALE: NTS $�' CI,OSORlg E�1T SHEET 2 OF 2 JANUARY 9, 2024 of A 25' Y 132.5' PORTION OF HOLLY ROAD AND A 7.5' % 118.38' PORTION OF AN UNNAMED 15' LANE lim ADJACENT TO LOTS 127-A & 128-A THE BOLL= M �� (M.B.8, PG. 107) (M.B. 285, PG. 18) x s+ w r ro VERGEM BEACH, VMGDU CAD ehi� BKM/eI CITY OF VIRGI IA MUM VA I I PLAT:19-091 JN:M-0980 Item Applicant Holly Road, Agenda Planning CommissionPublic Hearing June 12, 2024 CouncilCity • ci,yq • Y B i Virginia Beach Request Street Closure Staff Recommendation 55TH ST., ✓ 54TN ST pL�EY Approval �1 k 59FO A`lE'4 PL _ ` SS Staff Planner stsj' Marchelle Coleman 5 SpTH ST P��Eyp p`lp9 H St m Adjacent Address �lE�•TH ST A 300 Bay Colony Drive and the adjoining western B,.rcoLOO ,^Wy�O`OO parcel GPINs 45TH ST R 2418779689, 2418870679 'p L#A"sT ' Site Size -- 390 ST 4,217 square feet cn 42N0V""'rST`IE4 ie t AICUZ 65-70 dB DNL; Sub-Area 3 N, Watershed Chesapeake Bay Existing Land Use and Zoning District Unimproved right-of-way Surrounding Land Uses and Zoning Districts North J Undeveloped lots/R-7.5 Residential South ` t Bay Colony Drive, Holly Road k ° "k , East Single-family dwelling R-7.5 Residential ? "" West ,, 4 Undeveloped lot/R-7.5 Residential �. ; • e_x , Holly Road, LLC Agenda Item 9 Page 1 Background SummaryofProposal • The applicant is requesting to close the western half of a 15-foot unimproved lane, equating to 905 square feet and the western half of an unimproved portion of Holly Road adjacent to 300 Bay Colony Drive,equating to 3,312 square feet.The total area to be closed is approximately 4,217 square feet.The applicant is seeking to incorporate these portions of the closed rights-of-way into their adjoining lots. • The applicant is seeking to incorporate the closed areas into their adjoining lots as an investment in their properties for the future and has no current plans to redevelop or otherwise improve either Lot 127A or Lot 128A. R S Rl. R7.5 Zoning History R40 # Request ��4csd"y`p0. 1 STC Approved 12/01/2015 -` — 2 STC Approved 03/23/1999 R7 ----"`' R20 R Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • A Viewers' Meeting was held on April 25, 2024,that included City Staff from the Departments of Public Works, Public Utilities, Planning and Community Development, and the Office of the City Attorney,to consider this application.The Viewers determined that the proposed closure,with the required easements to the City,will not result in any public inconvenience;therefore,closure of these portions of the rights-of-way is deemed acceptable. As noted in Condition 2, a public utility and access easement will need to be retained over the total area proposed be closed for the existing public gravity sanitary sewer main in the 15-foot-wide lane. Although there are no public utilities directly present in the portion of Holly Road proposed for closure,the easement is necessary over this area for access to and workspace for the sewer main in the alley.The applicant is agreeable to this condition. Condition 4 has also been added to indicate that no encroachment of private property should be made into the public utility and access easement without City approval. Based on these considerations,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Holly Road, LLC Agenda Item 9 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 of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 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 areas into the adjoining lots.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach of a public utility and access easement over the closed portions of the rights-of-way for access to and maintenance of the public infrastructure located within or to be located within the alley,which easement is subject to approval of the Department of Public Utilities and City Attorney's Office, respectively, and which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures. If private utilities do exist,easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. Prior to finalization of the street closure, if any improvements are to remain or be constructed in the area proposed for closure,the applicant must apply for an encroachment into the public utility and access easement. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates these sites as being in the Suburban Area,Suburban Focus Area (SFA) 7-North Beach Area.The North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization, and the use of the Best Management Practices (BMPs)for stormwater control.The land acquired through the street closure agreement would support this recommendation for the North End. Holly Road, LLC Agenda Item 9 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be significant natural or cultural resources associated with the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13,2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29,2024 and June 5,2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25,2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on July 5,2024. Holly Road, LLC Agenda Item 9 Page 4 ClosureStreet • NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF I' 0�+� PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT l OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT TH INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A ME REPORT HAS NOT BEEN PROVIDED FOR THIS RIC ARNER►-� PROPERTY. Lie. 2904 OS10112014 VARIABLE WIDTH PUBLIC DRAINAGE h UTILITY EASEMENT S>[ (M.B. 285, PG. 18-19) ✓✓✓IdIr 1152-A II lOT 151-A I LOT 150 LDT i/W 1 LOT 148A 2418GPIN: 89 I GPIN: 2418-77-9831 I GPIN:2419-77-OW 1 GPN: 2418-87-M43 I CNN: 2418-87-1815 N 7477'4r E _ i 47.08' 7.'JO' N 742714r E 147.84' W LAME .-.•r as"Wo1EDJ S 46*01J'E N 74 747 0m 4 PC 107) 6dJ6 Savo AREA OF FRav LSED Q-� _ LANE GYOSURE g o (�Sa FT OR w Aows) rz '� O A 1 LOT 128 A P LOT W IVY- a°rM x1e-as�aav a^•Ie x/e-s�ons hjg h ps LOT A ` N GPIN: 2418-77-8894 J Z h — AREA oF PA> v h J snaEEr CLOSUIRE Q (AJ11 SQ Fr OR T Q076 AGIRES) ` R=?Q00' L-4T.J4' JR06' L 30.00' S 74*2 47 W W.06 EX VARIABLE WIDTH PRIVATE INGRESS/EGRESS EASEMENT (M.B.285,PG. 19) BA Y COLONY DAME (10 W�(�i.fD > io7 C) 6. SHEET 1 OF 2 SCALE: 1'=40' ST72W CLOSM EXE= JANUARY 9, 2024 or A 25' Z 152.5' PORTION OP HOLLY ROAD AND A 7.5' % 118.38' PORTION OF AN UNNAMED 15' LANE ADJACENT TO LOTS 127-A & 128-A THE HOLLWI (H.B. 8, PG. 107) (H.B. 285, PG. 18) 757A31.1041 VJNGE , HKAM VMGMU �7�9E1��lNH@ CJD c BKI[ a CITY OF YIRWM BEAM TA PLAT:B-091 JN:229-0980 Holly Road, LLC Agenda Item 9 Page 5 ClosureStreet LOT# OWMR(S) — N/F GPIN REFERENCE(S) LOT 126 MAYBEE, JAMES A. & 2418-87-1755 M.B. 6, PG. 107 MAYBEE, CYNTHIA A. D.B. 4104, PG. 1975 127—A HOLLY ROAD, LLC 2418-87-0679 M.B. 285, PG 18-19 D.B. 3829, PG. 657 128—A HOLLY ROAD, LLC 2418-77-9689 M.B. 285, PG 18-19 D.B. 4311, PG. 386 148 A SIEGEL, JACK L do 2418-87-1815 IN. 20161110001021810 BERTINI, LISA A. IN. 200305290083214 149 A WHO' MATTHEW & 2418-87-0843 IN. 20161110001021810 WHITE, VALERIE IN. 202303013507 LOT 150 BEACH CUSTOM HOMES, LLC 2418-77-9880 M.B. 6, PG 107 IN. 202303025121 LOT 151—A BEACH CUSTOM HOMES, LLC 2418-77-9831 M.B. 285, PG 18-19 IN. 202303025125 LOT 152—A DAVID, JOHN A. do 2418-77-8789 M.B. 285, PG 18-19 DAVID JULIA G. IN. 20100824000874330 A KENNETH J. ORTIZ & 2418-77-8694 M.B. 87, PG 41 SARAH A. ORTIZ LIVING TRUST IN. 20130318000310510 e SCALE: NTS SHEET 2 OF 2 9IR1M CLOOM T 3Xw JANUARY 3, 2024 OF A 25' Z LUX PORTION OF HOLLY ROAD AND A 7.5' % 118.38' PORTION OF AN UNNAIIND 15' LANE mmi ADJACENT TO LOTS 127-A & 128-A TEE HOLUM (N.B.6. PG. 107) (XB. 285, PG. 18) ti M I UM I- VIRGDU BRA . VIRGDUI 46b BKM/eag I CITY or Vmmu BEACH. VAT PLAT:H-a91 JN:223-03aO Holly Road, LLC Agenda Item 9 Page 6 Site Photos i n � yr^ _s r Holly Road, Agenda Item • Disclosure Disclosure Statement ID t`:ry,2 4"n9ivse 1bn.'h 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 Holly Road,LLC,a Virginia limited liability company 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) Managers:George R.C.McGuire,Jr.&Sarah M.Whitmore • 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 Holly Road, LLC Agenda Item 9 Page 8 Disclosure Disclosure Statement - Planning&Community --1, 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 A 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 of any business operating or to be operated on the property 7 ❑Yes W No • If yes,identify the financial institutions providing the service. 2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ® No . If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes X No • If yes,identify the purchaser and purchaser's service providers. 2 ! Holly Road, LLC Agenda Item 9 Page 9 Disclosure Disclosure Statement w � � Planning&Community Dmtelopment 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?IN Yes ❑NO • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■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. Holly Road,LLC By: Applicant Signature George R.C.McGuire,Jr.,Manager Print Name and Title ?— Date --_ Is the applicant also the owner of the subject property? ID Yes ❑ NO • If yes,you do not need to fill out the owner discloses e statement. FOR ONLY/ that pertains to the applications No changes as of Dale Signature Print Name ; i Holly Road, LLC Agenda Item 9 Page 10 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 757-385-5692. • 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. Holly Road, LLC Agenda Item 9 Page 11 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 9 Holly Road RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. The next item is Item #9, Holly Road, LLC. Mr. Bourdon: The five conditions as recommended by staff are acceptable to the applicant, and we appreciate being on the consent agenda. Thank you. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read this into the record. Ms. Byler: This is for the parcel at 300 Bay Colony Drive, an adjoining western parcel. It is zoned residential, undeveloped. This is the closing of the end of a road, and City Attorney's Office shall make the final determination regarding the ownership and the underlying fee. There is no opposition, and the conditions apparently are acceptable. Ms. Cuellar: Thank you very much. Are there any abstentions on this item? Mr. Plumlee: Brian Plumlee, I'm abstaining on this matter. Ms. Cuellar: And we have a record on file. Thank you very much. A letter. Okay. Our next item, Item #10, Earthscapes Enterprises. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee ABS R7.5 R7.5 R-7; Cod°�y' -Go`o 01 R7 5 1 R20 R40 N ® Site Holly Road, LLC W E Property Polygons -- 300 Bay Colony Drive S Zoning and the adjoining western parcel Building Feet 0 1530 60 90 120 150 180 SJ J �tvW- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AUTOBELL CAR WASH, LLC [Applicant] MALBON BROTHERS PETROLEUM, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning and Modification of Conditions to a Conditional Use Permit for the property located at 1896 General Booth Boulevard (GPIN 2415315462). COUNCIL DISTRICT 5 (Wilson) MEETING DATE: July 9, 2024 ■ Background: The applicant seeks to amend the proffers and conditions associated with the Conditional Rezoning and Conditional Use Permit approved by the City Council in 2003 to redevelop an existing manual Car Wash Facility on the site with a new 3,350-square-foot automated Car Wash Facility. The tunnel of the Car Wash Facility will face General Booth Boulevard with 8 vacuum stations located between the building and the right-of-way. A landscape buffer with ornamental trees and evergreen shrubs is proposed to screen the use from General Booth Boulevard. Hours of operation are 7:00 a.m. to 8:00 p.m. consistent with the current hours of operation for the existing car wash. ■ Considerations: This proposed redevelopment will result in a reduction of impervious surfaces on this site through the removal of existing asphalt and the addition of new green space. The existing vegetative buffer between this site and the adjoining residential properties will remain undisturbed and there will be sufficient screening from General Booth Boulevard. While the hours of operation originally proposed by the applicant were 7:00 a.m. to 7:00 p.m., the applicant did request to extend the closing time to 8:00 p.m. which was supported by both Staff and the Planning Commission and is reflected in the recommended conditions included below. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Proffers Proffer 1: All exterior lighting on the Property shall be directed downward and shielded to direct light and glare away from all adjoining property. Autobell Car Wash, LLC Page 2of3 Proffer 2: Property owners shall develop the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Concept Plan"), and is incorporated herein by this reference. Proffer 3: Property owners shall landscape the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, and is incorporated herein by this reference. Proffer 4: In accordance with the Concept Plan, the only businesses permitted to operate on the Property are gasoline sales in conjunction with a convenience store, car wash facility, and take out BBQ restaurant. Proffer 5: Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plan shall be primarily metal, glass, plexiglass, or composite materials. Proffer 6: Property owners shall develop the structures on the Property in substantial conformance, as determined by the Planning Director, or designee, to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio ("Elevations"). Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning, and are incorporated herein by this reference. Proffer T Other than signage which may contain "trademark" colors and the accent colors on the car wash facility depicted on the Elevations, all other structures depicted on the Concept Plan shall utilize earth tone color schemes as depicted on the Elevations. Proffer 8: In addition to maintaining the abundance of existing landscaping along the Property's frontage on General Booth Boulevard and Culver Lane, the existing 15 foot wide Category IV Landscape Buffer will be maintained along the northern boundary and the existing 50 foot wide landscaped and treed buffer will be maintained along of the eastern boundary of the property. Autobell Car Wash, LLC Page 3 of 3 Proffer 9: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Conditions 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Conceptual Landscape Plan", dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the property is redeveloped, the exterior of the car wash building, vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio. Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 7.00 a.m. to 790 p.m. 8:00 p.m., daily. 4. 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. 5. Prior to final site plan approval, the existing convenience store and eating and drinking establishment shall be in compliance with the applicable sign regulations, unless a BZA variance is granted. 6. Subdivision of any of the property that has been identified as within the Conditional Use Permit (CUP), shall require a modification of the CUP to remove such property from the purview of the CUP. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: �O Applicant Autobell •. Property Owner Malbon Brothers Petroleum, LLC Items Planning Commission Public1 I ( 'i 1 i4 CouncilCity Virginia Beach Requests #5 - Modification of Proffers (Amend Proffers from 2003 CRZ) #6 - Modification of Conditions (Amend `Ros Conditions from 2003 CUP) 9ss� QY Sw9yRo Staff Recommendation ooA9P Approval C Staff Planner �� Hoa N. Dao/Kaitlen Alcock ° Location 1896 General Booth Boulevard �'d C eRgMMs G P I N ' e° 4G4s oq \ ¢ °� MO�2415315462 �RTOR'`^NOF�aR Site Size A oy� �q ' 2.74 acres "<Fa AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Fuel sales, convenience store, car wash facility B-2 Community Business Surrounding Land Uses and Zoning Districts North Single-family dwelling/AG 2 Agricultural South `• a�'Q ?fix Culver Lane Single-family dwellings/ R-7.5 Residential • •; '"'o a East cutYE `. 41'": �^ o Single-family dwellings, office/R-7.5 �- 1 '�• w `�..r 4 HtN . . 4 Residential, B-1A Limited Community Business West General Booth Boulevard Brewery/ 1-1 Light Industrial Autobell Car Wash, LLC Agenda Items 4 &5 Page 1 Background SummaryofProposal • The uses on this 2.74-acre parcel, zoned B-2 Community Business District,consist of a convenience store,a restaurant,fuel sales, and car wash facility. • The applicant seeks to amend approvals from 2003 to redevelop a portion of the site with a new 3,350-square foot automated tunnel car wash facility with eight vacuum stations. • The submitted site layout depicts the car wash bay door facing General Booth Boulevard with eight vacuum stations located between the building and the right-of-way.A landscape buffer with ornamental trees and evergreen hedge is proposed to screen the use from the public right-of-way. • The proposed car wash facility is of a more modern design with a flat roof and an exterior of corrugated metal and cementitious panels.The design and materials proposed for the dumpster enclosure is similar to the proposed car wash building. • The proposed vacuum stations are single turbine and neutral gray in color. • 26 parking spaces are required to accommodate uses on this site, and 39 are provided. • The proposed hours of operation for the car wash facility are 7:00 a.m.to 7:00 p.m.,daily, consistent with the hours of operation for the existing car wash. Zoning History i, sp # Request 1 MDP Approved 12/07/2021 n A18 CRZ(Conditional B-2 to Conditional 1-1)Approved 03/19/2019 MDP Approved 06/25/1996 MDP Approved 11/09/1993 Ac4 MDP Approved 08/14/1989 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 06/13/1988 e. lu 2 CRZ(AG-2 to Conditional R-7.5)Approved 04/11/2006 R J 3 CRZ(AG-2 to Conditional B-2)Approved 11/28/2003 81A R5 CUP(Car Wash Facility)Approved 11/28/2003 MDC Approved 11/28/2003 a MDP Approved 09/13/1994 a s ark ?�yfR�"R CRZ(AG-2 to Conditional B-2)Approved 04/27/1993 . � o R�. R s y CUP(fuel sales,convenience store,car wash)Approved 04/27/1993 4 CRZ(AG-2 to Conditional R-7.5)Approved 03/22/1994 Application Types CUP—Conditional Use Permit MCC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • In Staff's opinion,the proposed modifications to replace the existing manual and automated car wash facility with an automated tunnel car wash facility are acceptable.The redevelopment will result in a reduction of impervious surface through the removal of existing asphalt and addition of new green space. Autobell Car Wash, LLC Agenda Items 4&5 Page 2 As proffered and depicted on the Conceptual Landscape Plan,the existing vegetative buffer between this site and the adjoining residential properties will remain undisturbed, and additional plantings and green space are proposed along General Booth Boulevard and the interior of the site. Staff appreciates the applicant's willingness to modify the proposal to address Staff comments to adjust the bright color on the building exterior, reduce the number of vacuum stations between the building and General Booth Boulevard from 12 to 8 spaces, and enhance the proposed landscape buffer along General Booth Boulevard. During Staff's site visit, it was noted that the existing building for the convenience store and restaurant exceeds the maximum number of signs allowed by the Zoning Ordinance. Staff is recommending a condition to rectify this violation. Staff finds the proposed redevelopment of an automated tunnel car wash facility acceptable and does not anticipate there will be any negative impacts to the site as the mix of uses on-site will remain the same. Staff recommends for approval of these requests with the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: All exterior lighting on the Property shall be directed downward and shielded to direct light and glare away from all adjoining property. Proffer 2: Property owners shall develop the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Concept Plan"),and is incorporated herein by this reference. Proffer 3: Property owners shall landscape the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, and is incorporated herein by this reference. Proffer 4: In accordance with the Concept Plan, the only businesses permitted to operate on the Property are gasoline sales in conjunction with a convenience store,car wash facility,and take out BBQ restaurant. Proffer 5: Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plan shall be primarily metal,glass, plexiglass, or composite materials. Proffer 6: Property owners shall develop the structures on the Property in substantial conformance,as determined by the Planning Director, or designee, to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by Autobell Car Wash, LLC Agenda Items 4 &5 Page 3 MRA City Studio ("Elevations").Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning, and are incorporated herein by this reference. Proffer 7: Other than signage which may contain "trademark' colors and the accent colors on the car wash facility depicted on the Elevations, all other structures depicted on the Concept Plan shall utilize earth tone color schemes as depicted on the Elevations. Proffer 8: In addition to maintaining the abundance of existing landscaping along the Property's frontage on General Booth Boulevard and Culver Lane,the existing 15 foot wide Category IV Landscape Buffer will be maintained along the northern boundary and the existing 50 foot wide landscaped and treed buffer will be maintained along of the eastern boundary of the property. Proffer 9: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Conceptual Landscape Plan", dated March 20, 2024, and prepared by Kimley Horn,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the property is redeveloped,the exterior of the car wash building,vacuum stations, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio. Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 7:00 a.m. to 7.00 p.m. 8:00 p.m., daily. 4. 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. 5. Prior to final site plan approval,the existing convenience store and eating and drinking establishment shall be in compliance with the applicable sign regulations, unless a BZA variance is granted. 6. Subdivision of any of the property that has been identified as within the Conditional Use Permit(CUP),shall require a modification of the CUP to remove such property from the purview of the CUP. 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. Autobell Car Wash, LLC Agenda Items 4&5 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 113 CRZ - Approved Proffers 1. All exterior lighting on the Property shall be directed downward and shielded to direct light and glare from adjoining properties. 2. When the Property is redeveloped, it will be substantially in accordance with the "Conceptual Site Plan of Conditional Rezoning and Use Permit for Malbon Bros. Citgo Expansion...,"dated 12/13/02, rev.4/30/03, rev. 7/9/03, rev. 8/19/03 prepared by John E. Sirine&Associates, Ltd., has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department (the "Concept Plans"). 3. The exterior design, materials and colors of the Existing Convenience Store and Existing(expanded) Canopy depicted on the Concept Plans will remain unchanged.The canopy will be expanded to accommodate one additional petroleum dispensing station as depicted on the Concept Plans. 4. In accordance with the Concept Plans,the only businesses permitted to operate on the property are gasoline sales in conjunction with a convenience store and a car wash facility. 5. Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plans shall be primarily brick, metal,glass, plexiglass,stucco or wood. 6. When the Property is redeveloped,the architectural features of the Car Wash depicted on the Concept Plan shall be substantially in accordance with the"ELEVATION OF MALBON BROTHERS CITGO EXPANSION," dated April 30, 2003, prepared by Porterfield Design Center,which has been exhibited to the Virginia Beach City Council and is one file with the Virginia Beach Planning Department(the"Car Wash Elevation"). 7. Other than signage,which may contain "trademark" colors and the accent colors on the car wash facility depicted on the car wash elevation, all other structures depicted on the Concept Plans shall utilize earth tone color schemes. 8. In addition to maintaining the abundance of existing landscaping along the Property's frontage on General Booth Boulevard and Culver Lane,a 15 foot wide Category IV Landscape Buffer will be planted and maintained along the northern boundary and a 50 foot wide landscaped and treed buffer will be planted and maintained along the eastern boundary of the property as depicted on the Concept Plan. 12003 CUP - Approved Conditions 1. No more than eight (8)self-serve car wash bays and no more than two (2)automated car wash bays shall be permitted on the site. 2. An elevation of the proposed automated and self wash structure shall be submitted to the Planning Department during final site plan review.The color of the metal standing seam roof,all visible interior supports and any other accent features depicted as red,shall be changed to an earth tone color approved by the Planning Director. 3. Streetscape landscaping shall be installed along the General Booth Boulevard frontage for the parcel identified on the conceptual site plan as GPIN 2415-31-6485.This landscaping shall utilize the same species as that on the existing commercial site to the south. Autobell Car Wash, LLC Agenda Items 4&5 Page 5 4. All interior property lines shall be vacated prior to the issuance of a Certificate of Occupancy. 5. The final Landscape Plan shall include the species,caliper(measured a breast height), number and location of all existing trees greater than 10 inches in diameter to remain as well as the species,caliper, number and location of all proposed trees within the area identified as "wooded area" on the Conceptual Site Plan.Trees within the wooded area shall be at least 50 percent evergreen, 2%2 inches in caliper at the time of planting and shall be of a species and at a spacing acceptable to the Planning Department. 6. In addition to the plant material depicted on the site plan within the"landscape area"to the west of the proposed car wash structure, Category I landscaping shall be installed along the entire northern foundation of the automated wash structure. 7. A Lighting Plan and/or a Photometric Diagram Plan shall be submitted during final site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures,direction of light, and the listing of lamp type,wattage, and type of fixture.Where lighting fixtures are installed along streets, in parking areas,or on the building for illumination purposes, all fixtures shall be of appropriate height and design to prevent any direct reflection and/or glare toward adjacent uses and city streets. Said lighting fixtures shall be consistent with the recommendations for the Design Standards for General Booth Boulevard as described in the Comprehensive Plan and a depiction of the proposed fixtures shall be included within the Lighting Plan. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent properties. 1994 MDP - Approved Proffers Proffer 4 is hereby revised as follow: 4. The site plan prepared by Talbot Group, Ltd., dated May 25, 1994, entitled "Culver Lane Convenience Center for Eight D Corporation" and those right-of-way dedications for Culver Lane and General Booth Boulevard depicted thereon, as well as the"Renderings" prepared by Talbot Group, dated July 12, 1994, entitled "Culver Lane Convenience Center",which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of access,circulation, parking, landscaping, best management practices as landscape features, lighting,signs,setback and building location consistent with or superior to the applicable Design Standards for General Booth Boulevard contained in the Comprehensive Plan. . . Approved Proffers 1. All outdoor lights shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected,shaded and focused away from all adjoining property. 2. No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store and a car wash/detailing facility. 3. The only uses which will be permitted in place of gasoline sales in conjunction with a convenience store or a car wash detailing facility are: a) Business studios,office and clinics; b) Financial institutions; Autobell Car Wash, LLC Agenda Items 4&5 Page 6 c) Greenhouses and plan nurseries; d) Medical and dental offices; e) Public buildings and grounds. 4. The site plan prepared by Talbot Group, Ltd., dated February 15, 1993,entitled "Culver Lane Convenience Center" and those right-of-way dedications for Culver Lane and General Booth Boulevard depicted thereon,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of access, circulation, parking, landscaping,signs setback and building location consistent with or superior to the applicable Design Standards for General Booth Boulevard contained in the Comprehensive Plan. 5. Building materials used to construct visible exterior surfaces of the structures depicted on the site plan shall be primarily either brick,stone,stone faced block,stucco or wood. 6. Other than signage which may contain "trademark" colors and the accent colors, all other structures depicted on the site plan shall utilize earth tone color schemes consistent with the abundance of proffered landscaping. 1993 CUP - Approved Conditions 1. Prior to detailed site plan approval,the applicant shall meet with the Design Advisory Group for consultation to ensure architectural and aesthetical compatibility with the surrounding community. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Means to achieve these goals may include: all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings; new site layouts and buildings be of high quality and attractive design; plans reflect enhanced mobility and connectivity;designs incorporate environmental responsibility;and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Given that the proposal is a continuation of the existing use on the site and the redevelopment includes additional landscaping and green space beyond what exists today,the proposal is generally consistent with the recommendations of the Comprehensive Plan. ResourcesNatural & Cultural • The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Autobell Car Wash, LLC Agenda Items 4&5 Page 7 General Booth Boulevard 32,260 ADT' 32,700 ADT'(LOS°"D") No change to trip generation Culver Lane 7,700 ADT' 19,500 ADT'(LOS°"D") 'Average Daily Trips °LOS=Level of Service There will be no significant change in traffic based on the proposed conversion of an existing manual and automated car wash to a one tunnel automated car wash. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this application is considered a four-lane major suburban arterial.The MTP proposes an eight-lane facility within a 190-foot right-of-way.There are currently no roadway CIP projects slated for this segment of General Booth Boulevard. Culver Lane in the vicinity of the site is a four-lane undivided collector roadway.There are no plans in the current CIP to improve this section of Culver Lane. Active Transportation Plan The Active Transportation Plan recommends an 8-foot wide concrete side path be constructed along both the General Booth Boulevard and Culver Lane frontages. Conformance with these recommendations, include the detailed design, will be handled during the site plan review process. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of a new Autobell Car Wash facility to replace the existing car wash located at 1896 General Booth Boulevard. The existing onsite convenience store and gas station are intended to remain onsite. There will be an overall reduction in impervious area between the pre-and post-development condition. Stormwater management for the site is currently treated by an underground detention and infiltration facility which will remain undisturbed. The existing stormwater management facility collects drainage from the site and discharges into the existing public storm system along Culver Lane, and ultimately into the Ocean Lakes lake system,through Scopus Marsh Canal and into North Bay. Portions of the site that drain towards the General Booth right-of-way ultimately drain into Redwing Lake. Stormwater management for the site will be met through a reduction in impervious area between the pre-development and post-development condition. Based on the information provided by Kimley Horn in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 1.12 acres Pre-Development impervious area: 0.89 acres Post-Development impervious area:0.78 acres Stormwater Management Facility Design Information Type of facility proposed: Reduction in Impervious Area Autobell Car Wash, LLC Agenda Items 4&5 Page 8 Description of outfall:Stormwater runoff from the site enters through an existing underground detention and infiltration facility that discharges into the public drainage system along Culver Lane. Downstream conveyance path: This site is part of the Dam Neck Drainage Basin. Drainage leaving the site drains along Culver Lane,into the Ocean Lakes lake system,is conveyed along Scopus Marsh Canal and ultimately into North Bay. North Bay leads into Back Bay which drains through the Currituck Sound and into the Atlantic Ocean. ImpactsPublic Utility Water&Sewer The site is connected to City water and sanitary sewer services. OutreachPublic Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29,2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6,2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, June 25, 2024 and July 2, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. Autobell Car Wash, LLC Agenda Items 4&5 Page 9 wtY kF %� Proposed Site/Landscape Plan (� Q U) \\ Q IL L1 U Z p t W c Autobell Car Wash, LLC Agenda Items 4 &5 Page 10 Proposed Elevation FINE SCALE CORRUGATED METAL PANEL-COLOR A FINE SCALE CORRUGATED METAL PANEL-COLOR B A SOUTH ELEVATION CEMENTITOUS PANEL-COLOR 2 FINE SCALE CORRUGATED METAL PANEL-COLOR B on wash FINE SCALE CORRUGATED METAL PANEL-COLOR A CEMENTITOUS PANEL-COLOR I CEMENTITOUS PANEL-COLOR 2 WEST ELEVATION 'Siaruoc sNo"IS toHternuL MRA FINE SCALE CORRUGATED METAL PANEL-COLOR A CEMENTITOUS PANEL-COLOR 2 METAL MESH MECH.SCREEN -.-26.4' 27-10- 15'L' NORTH ELEVATION FINE SCALE CORRUGATED METAL PANEL-COLOR B FINE SCALE CORRUGATED METAL PANEL-COLOR C _____26_'_-4_'_ CEMENTITOUS PANEL-COLOR 2 FINE SCALE CORRUGATED METAL PANEL-COLOR A FINE SCALE CORRUGATED METAL PANEL-COLOR B FINE SCALE CORRUGATED METAL PANEL-COLOR C CEMENTITOUS PANEL-COLOR 2 EAST ELEVATION CEMENTITOUS PANEL-COLORI MRA 3.624 Autobell Car Wash, LLC Agenda Items 4 &5 Page 11 Proposed •n & Dumpster Enclosure C2 BASE PLAN TYP VACUUM STATION CEMENTITOUS PANEL `na COLOR 2 PAINTED STEEL GATE -- _-- f _ TRASH ENCLOSURE- FRONT I ` i CEMENTITOUS PANEL COLOR2 TRASH ENCLOSURE-SIDES 3.6.24 Autobell Car Wash, LLC Agenda Items 4 &5 Page 12 Site Photos a. a t .- .s .r y- T R t i y ".s f s``�9� way g +� �% �';`,a��"�'A-,•,��f i h- Site Photos Pip AMM t; 4 9 X C a .. .a- � r r t� rig, i lips Disclosure Disclosure Statement cu 9 vJ i ny-B.udi 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 Autobell Car Wash,LLC Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Danielle Leonor-Kimley Horn 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) Charles A.Howard II,CEO Charles A.Howard III,President&COO William R.Rast,Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) Howard Family Holdings,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. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09 2020 1 1 Autobell Car Wash, LLC Agenda Items 4 &5 Page 15 Disclosure T Disclosure Statement l'uy n,I r'"Y' Baufi Planning&Community Development Known Interest by Public Official or Employee Does an official ore mployee oft he City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes E No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes R 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?E Yes ❑ No • If yes,identify the firm and individual providing the service. Cherry Bekaert Gregory Kellar 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?E Yes ❑ No • If yes,identify the firm and individual providing the service. Kimley Horn. Danielle Leonor. 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 Autobell Car Wash, LLC Agenda Items 4 &5 Page 16 Disclosure Disclosure Statement GSrp�Y�rynh Bmd. Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No . if yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No . If yes,identify the firm and individual providing the service. Kimley Horn.Danielle Leonor. 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. Baucom,Claytor,Benton,Morgan&Wood,Pk Ken Benton. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand chat, 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. ZX/ K _ Applicant Signature /� _ `dJ C _rear 61 :(//.✓try t �fCS>��__. _ Print Name and Tit e 1,2141 , o> Date Is the applicant also the owner of the subject property? ❑Yes E No • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications _... 1 _ ao cn,ncrs as or Date 6/26/202 srgnatw. Kaitlen Alcock 31 Autobell Car Wash, LLC Agenda Items 4 &5 Page 17 Disclosure Disclosure Statement X►D City o"i"' Buro': Planning&Community Development Owner Disclosure Owner Name Malbon Brothers Petroleum,LLC Applicant Name Autobell Car Wash,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?©Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mike Malbon-Member,Mark Malbon- Member • 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 0 NO If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA,Code 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. ievtsea I1.09.2020 5 Autobell Car Wash, LLC Agenda Items 4&5 Page 18 Disclosure Disclosure Statement City,ftuvi— -h ., 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. Towne Bank 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes E No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes a NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 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 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 E No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Autobell Car Wash, LLC Agenda Items 4 &5 Page 19 Disclosure Disclosure Statement 'via (tiry of Viyiruo B—h Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑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. Owner Signature Print Nam} � e and Title j Date Revised 11.09,2020 71 f'a g e Autobell Car Wash, LLC Agenda Items 4 &5 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Autobell Car Wash, LLC Agenda Items 4&5 Page 21 11 A18 AG' 2 B201 o �> R7�5 o CU/Ve Bit A R7:5_ U/Ver R7-\5 La ne ��_ R5D R7.5 R7.5 • R7.5 _ o N ® Site w E Property Polygons Autobell Car Wash, LLC Zoning 1896 General Booth Boulevard S Building Feet 0 2550 100 150 200 250 300 Prepared by and return to: Tyler J.RosA,Esq.(VSB#91032) Williams Mullen 222 Central Park,Ave. Virginia Beach,VA 23462 GPIN:24153154620000 AMENDED AND RESTATED AGREEMENT THIS AMENDED AND RESTATED AGREEMENT ("Agreement") is made as of the 07� day of , 2024, by and between MALBON BROTHERS PETROLEUM, LLC, a Virginia limited liability company (together with its successors and/or assigns, the "Grantor"), to be indexed as grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"; together with the Owner, collectively,the"Parties"),to be indexed as grantee. WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcels located in the City of Virginia Beach,Virginia identified by GPIN No. 24153154620000,as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Pro a "); WHEREAS, The Parties entered into that certain Proffered Covenants, Restrictions and Conditions dated March 16, 1993, and recorded in the Clerk's Office for the City of Virginia Beach,Virginia("Clerk's Office"), in Deed Book 3208, at Page 1607, as modified by that certain Amendment of Covenants, Restrictions and Conditions dated May 31, 1994, and recorded in the Clerk's Office in Deed Book 3435, at Page 0802, as further modified by that certain Second Amendment to Proffered Covenants, Restrictions and Conditions dated April 24, 2003, and recorded in the Clerk's Office as Instrument No. 200312110206338 ("Original Agreement"), whereby certain proffered conditions were placed on the physical development,operation,and use of the Property. WHEREAS, the Parties hereby wish to amend and restate in its entirety the Original Agreement upon the terms and conditions set forth herein. 1 AGREEMENT NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers(collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. All exterior lighting on the Property shall be directed downward and shielded to direct light and glare away from all adjoining property. 2. Property owners shall develop the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Concept Plan'), and is incorporated herein by this reference. 3. Property owners shall landscape the Property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Landscape Plan" dated March 20, 2024, and prepared by Kimley Horn, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, and is incorporated herein by this reference. 4. In accordance with the Concept Plan, the only businesses permitted to operate on the Property are gasoline sales in conjunction with a convenience store, car wash facility, and take out BBQ restaurant. 2 5. Building materials used to construct visible exterior surfaces of the structures depicted on the Concept Plan shall be primarily metal, glass, plexiglass, or composite materials. 6. Property owners shall develop the structures on the Property in substantial conformance,as determined by the Planning Director,or designee,to the elevations entitled, "Autobell Malbon - Elevations" dated March 6, 2024, and prepared by MRA City Studio ("Elevations"). Such Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning, and are incorporated herein by this reference. 7. Other than signage which may contain"trademark"colors and the accent colors on the car wash facility depicted on the Elevations, all other structures depicted on the Concept Plan shall utilize earth tone color schemes as depicted on the Elevations. 8. In addition to maintaining the abundance of existing landscaping along the Property's frontage on General Booth Boulevard and Culver Lane, the existing 15 foot wide Category IV Landscape Buffer will be maintained along the northern boundary and the existing 50 foot wide landscaped and treed buffer will be maintained along of the eastern boundary of the property. 9. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the 3 bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement constitutes the full and entire agreement between the Parties with regard to the subject matter hereof and supersedes the Original Agreement and any other prior promises, representations or warranties (oral or otherwise)made by any person. [The remainder of this page is intentionally blank. Signature pages follow.] 4 IN WITNESS WHEREOF, the Parties have authorized and duly executed and delivered this Agreement as of the date first above written. GRANTOR: MALBON BROTHERS PETROLEUM, LLC By: rL AFL S MA1641 Name: /'rY� / L Its: /Yu P ko✓ COMMONWEALTH OF VIRGINIA CITY/COUNTY OF �LjC'GinC�,to wit: The foregoing Agreement was acknowledged before me in the jurisdiction aforesaid this *�L4 day of apt , 2024, by Ki&06 Wli 11 IYloin"` l&n f Malbon Brothers Petroleum, LLC, on behalf of the company. My commission expires: i bverx ?Qr 00, Notary Registration No.: IM`780 r Notary Public PATRICIA AMBROSE NOTARY PUBLIC REGISTRATION M 7249780 COMMONWEALTH OF VIRGINIA MY�OMM�SSIO�N XP R S 6 5 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 4 & 5 Autobell Car Wash, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Okay, we'll then move forward to our next item. Item #4 and #5, Autobell Car Wash. Is there a representative here today? Mr. Dahlman: Hello. Good afternoon. David Dahlman with Kimley Horn. I'm here representing the Malbon Brothers Petroleum LLC for a new Autobell Car Wash. It's a replacement of an existing car wash on the existing property. We've reviewed and agree with the recommended proffers and happily we'll be on the consent agenda. Ms. Cuellar: Thank you very much, you may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Mauch to read this item into the record. Mr. Mauch: The applicant seeks to amend approvals from 2003 to redevelop a portion of the site with a new 3350 square foot automated tunnel car wash facility with eight vacuum stations. In staffs opinion, they have sought approval and the commission has done the same. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1 , 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention on number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11 : 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE ic. tt .i^ t �y 1. a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADEKOJE PJ 22001, LLC [Applicant & Property Owner] Conditional Rezoning (AG-1 Agricultural to Conditional R-10 Residential) for the property located west of Bluegrass Lane & east of 2044 Aloma Drive (GPIN 1494389822, 1494389445, 1494480354). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 9, 2024 ■ Background: The applicant seeks to rezone three parcels totaling 7.5 acres from AG-1 Agricultural District to Conditional R-10 Residential District to develop a ten lot single-family subdivision with a resulting density of 1.69 units per acre. Proffered building designs depict a modern style with each dwelling designed to meet green energy design standards, including rooftop solar panels. On-site amenities include a pedestrian trail around the stormwater management pond and a small playground. The site will be accessed via extension of Bluegrass Lane from the Princess Anne Meadows neighborhood to the east. The site is located within the 65-70 dB DNL, Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). On August 23, 2022, the applicant met with the Joint Review Process (JRP) Group who did not object to the request as the proposed density is consistent with adjacent residential developments. The Master Transportation Plan (MTP) shows a 300-foot-wide roadway right-of-way known as the "Southeastern Parkway Greenbelt" through this site; however, the Conceptual Subdivision Plan only depicts a 140-foot-wide easement for the Coastal Virginia Offshore Wind project (CVOW). ■ Considerations: While the proposed development is of high quality and maintains a consistent density with adjacent residential developments, it does not align with the recommendations of the Comprehensive Plan, specifically the Master Transportation Plan (MTP). The MTP calls for a 300-foot-wide right-of-way reservation for the construction of the Southeastern Parkway and Greenbelt (SEPG). While the SEPG is no longer being considered for construction as originally planned, designed Public Works has determined and presented to City Council that this portion of the SEPG should be retained for a future two-lane roadway. As currently designed, three of the proposed parcels would be impacted in their entirety by the proposed alignment, with another single-family parcel and one of the BMP parcels being partially impacted. Furthermore, the City's Active Transportation Plan calls for a shared-use path within the same corridor that is also Adekoje PJ 22001, LLC Page 2 of 3 not accounted for with this request. Due to the inconsistencies with the Master Transportation Plan, Staff is recommending denial of the application. Staff received six letters of opposition to the request from residents along Aloma Drive and Damascus Trail with concerns of clearing trees and impacts to wildlife. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 3. Proffer 1: When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street section, street trees, minimum front yard building setbacks, neighborhood playground, and open spaces substantially as depicted and described on the exhibits entitled, "Green Park Conceptual Master Plan, Virginia Beach, Virginia" dated April 3, 2024, prepared by Adekoje Architects, LLC, and "Signage Plan & Elevations, A2.0" dated June 15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively, the "Conceptual Subdivision Plans"), and are incorporated herein by this reference. Proffer 2: When the Property is developed, it will be subdivided into no more than ten (10) single-family residential building lots. The ten (10) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area and a two (2) car garage. The homes constructed on Lots 1 through 10 as designated on the Conceptual Subdivision Plan shall have their front entry facing the street with the architectural features and exterior building materials substantially as depicted and designated on the exhibits designated "Green Park Home Elevations pages A1.0, Al.1, A1.2, and A1.3" dated July 20, 2022, prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively "Home Elevations"), and are incorporated herein by this reference. Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots, parcels, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining all open spaces, park areas, common areas, including any improvements and equipment thereon, entrance feature signage and other improvements on the Property as depicted on the Conceptual Subdivision Plan. Adekoje PJ 22001, LLC Page 3 of 3 Proffer 4: The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision review and administration of application City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (6) Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Item Applicant& PropertyOwner Adekoje PJ 22001, •• Planning Commission Public1 •- - City 2023) Virginia Beach Request Conditional Rezoning (AG-1 Agricultural to Conditional R-10 Residential) Staff Recommendation Denial ./ °neY�Bo 0` ne:t1, yO � ¢ 1 O Staff Planner Hoa N. Dao/Kaitlen Alcock i Ado u Twinllower Lane - Location s°q„ Parcels west of Bluegrass Lane & east of 2044 Aloma Drive GPINs 1494389822, 1494389445, 1494480354 Site Size - 7.50 acres AICUZ \ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers F �. Existing Land Use and Zoning DistrictAna Wooded/AG-1 Agricultural 7 . Q Surrounding Land Uses and Zoning Districts - Q_' . , : ,• r � `�. North ' i! Single-family dwellings/R-7.5 Residential I �� South Wooded/AG-1 Agricultural East Bluegrass Lane Single-family dwellings, wooded/ R-10 Residential, AG-1 Agricultural k West Single-family dwellings,wooded/ R-7.5 Residential Adekoje PJ 22001, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • This request was deferred at the August 9, 2023 Planning Commission public hearing at the applicant's request; however,City Council has expressed no interest in acquiring these properties at this time. • The applicant is choosing to move forward with the rezoning request to rezone three parcels totaling 7.50 acres from AG-1 Agricultural District to Conditional R-10 Residential District for the development of ten single-family residential lots, resulting in a density of 1.69 units per acre.Since the August 9, 2023 Planning Commission hearing, the applicant provided Staff with a revised concept plan to show additional onsite wetlands and an updated proffer agreement. • Access to the site will be via the extension of Bluegrass Lane from the Princess Anne Meadows neighborhood to the east. • The Master Transportation Plan (MTP), a component of the Comprehensive Plan, shows a 300-foot wide roadway known as the"Southeastern Parkway and Greenbelt"through this site.The Conceptual Subdivision Plan depicts a 140-foot-wide easement for the Coastal Virginia Offshore Wind project(CVOW) instead of the 300-foot reservation required by the MTP. • The site is located within the 65-70 dB DNL,Sub-Area 2 of the Air Installations Compatible Use Zones (AICUZ). On August 23, 2022,the applicant met with the Joint Review Process(JRP)Group to discuss the proposed project.The Zoning Ordinance states that applications for rezonings for residential uses may be approved if they are at a density that is similar to or less than that of surrounding properties and that conform to the applicable provisions of the Comprehensive Plan. While the proposal does not conform with the recommendations of the MTP, it does conform with the density of the surrounding area. Since the JRP Group mainly reviews matters related to density and compatible uses,the JRP Group did not object to this request. • The proffered building designs depict a modern style with exterior facades consisting primarily of EIFS, stone veneer, board and batten siding, and glass. • According to the applicant, each dwelling will be built to meet green energy design standards, including rooftop solar panels. • A six-foot tall monument style sign with a stone veneer base is proposed at the entrance of the community on Bluegrass Lane. It will be appropriately landscaped as required by the Zoning Ordinance. • Proposed on-site amenities include a pedestrian trail around the stormwater management pond and a small playground. Adekoje PJ 22001, LLC Agenda Item 6 Page 2 p�©, 4 iQ0 C3 f o [r . AG� Li D 4 p. Q Q Zoning History 9 # Request 1 MDP Approved 11/20/2018 CRZ(AG-1 to Conditional R-10)Approved 11/20/2018 CRZ(AG-1&AG-2 to Conditional R-10)Approved 01/05/2016 2 SVR Approved 01/09/2007 o ° 3 CRZ(AG-2 to Conditional R-6)Approved 06/08/1987 o Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation : Recommendation Staff is recommending denial of this rezoning request as proposed since it does not align with the recommendations of the Comprehensive Plan. While the proposed density of 1.69 units per acre is compatible with the surrounding residential density as required for property located within the 65-70 dB DNL,Sub-Area 2 of the Air Installations Compatible Use Zones(AICUZ),the proposed development does not conform with recommendations of the Comprehensive Plan,specifically the Master Transportation Plan (MTP). The MTP,a component of the Comprehensive Plan,calls for a 300-foot wide roadway reservation for the construction of the Southeastern Parkway and Greenbelt (SEPG)through this site. While Staff and the City Council has acknowledged that there is not a need for the construction of the full SEPG as it is currently shown on the City's Master Transportation Plan, Public Works has determined this portion of the SEPG alignment should be retained for a future two-lane roadway alignment from Indian River Road to Holland Road with an active transportation component. The Dominion Energy Coastal Virginia Offshore Wind (CVOW) project will use part of the 300-foot right-of-way alignment and the remaining portion of the alignment would be needed for the future roadway. The Conceptual Subdivision Plan depicts a 140-foot-wide easement for the CVOW project with no additional area for the future roadway,which poses a significant issue if the City intends to preserve the SEPG corridor as a future transportation corridor. Information provided by the Virginia Beach City Public Schools Staff indicates that all affected schools are under capacity and the additional students generated by this residential subdivision will be within the acceptable threshold for increases in student population. The proffered Conceptual Subdivision Plan shows two stormwater retention ponds on the eastern side of the development.A Preliminary Drainage Study was submitted for review and Staff agrees it has the ability to successfully comply with the stormwater requirements. Final design will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. As there is a public need to retain the entire 300-foot reservation to accommodate the future roadway and CVOW easement and construction of the homes would impede the City's ability to accommodate a two-lane arterial roadway and shared use path through this site,Staff is recommending denial of this request. Should the Planning Commission contemplate a recommendation for approval,a list of proffers is provided below for consideration. Adekoje PJ 22001, LLC Agenda Item 6 Page 3 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: When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign,street section,street trees, minimum front yard building setbacks, neighborhood playground, and open spaces substantially as depicted and described on the exhibits entitled, "Green Park Conceptual Master Plan,Virginia Beach,Virginia" dated April 3, 2024, prepared by Adekoje Architects, LLC, and "Signage Plan & Elevations,A2.0" dated June 15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter collectively,the"Conceptual Subdivision Plans"), and are incorporated herein by this reference. Proffer 2: When the Property is developed, it will be subdivided into no more than ten (10)single-family residential building lots. The ten (10) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area and a two(2) car garage. The homes constructed on Lots 1 through 10 as designated on the Conceptual Subdivision Plan shall have their front entry facing the street with the architectural features and exterior building materials substantially as depicted and designated on the exhibits designated "Green Park Home Elevations pages A1.0,A1.1,A1.2,and A1.3" dated July 20, 2022, prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter collectively "Home Elevations"), and are incorporated herein by this reference. Proffer 3: When the Property is developed,the party of the first part shall record a Declaration submitting the Lots, parcels, and where applicable any easements outside the public rights of way to a mandatory membership Home Owners' Association which shall be responsible for maintaining all open spaces, park areas, common areas, including any improvements and equipment thereon,entrance feature signage and other improvements on the Property as depicted on the Conceptual Subdivision Plan. Proffer 4: The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Proffer 5: Further conditions may be required by the Grantee during detailed Subdivision review and administration of application City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form should the City Council choose to approve the proposal. Adekoje PJ 22001, LLC Agenda Item 6 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this site as being within the Suburban Focus Area (SFA) 2.1—North Courthouse, which calls for developments to complement the Municipal Center to the south,with significant landscape buffers and open space as part of the site design.The site lies within the 65-70 dB noise zone and Sub-Area 2 of the AICUZ.The proposal conflicts with the Comprehensive Plan's Master Transportation Plan,which shows a 300-foot wide segment of the Southeastern Parkway and Greenbelt passing through the subject property. Constructing homes within the alignment would conflict with the city's ability to accommodate a planned two-lane arterial roadway,shared use path, and wind energy utility corridor in the future. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high water surface elevations in downstream receiving waters. No historical or cultural resources would be affected by this proposal. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Bluegrass Lane No Data Available Existing Land Use 2—10 ADT Princess Anne Road 30,878 ADT' 39,700 ADT'(LOS°"D") Proposed Land Use 3-100 ADT 'Average Daily Trips z as defined by a single-family 3 as defined by ten single-family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Bluegrass Lane is a two-lane residential street in the Princess Anne Meadows subdivision that currently terminates at the eastern edge of the subject property. The subdivision is proposed to extend Bluegrass Lane so that all ten homes would have access from this extension.The Princess Anne Meadows subdivision has only one access point at Princess Anne Road. Princess Anne Road has a four-lane divided typical section with parallel multi-use trails.There are no projects in the CIP to improve Princess Anne Road in the area of this rezoning application. A portion of the subject property is located within the 300-foot wide alignment for the Southeastern Parkway and Greenbelt (SEPG). While City Council has acknowledged that there is not a need for the construction of the full SEPG as it is currently included on the City's Master Transportation Plan, Public Works has determined this portion of SEPG right- of-way alignment should be retained for a future two-lane roadway with an active transportation component.The Dominion Energy Wind Energy(CVOW) project is anticipated to use part of the 300-foot SEPG right-of-way alignment, and the Applicant has reserved this area as shown on the Conceptual Plan. This proposed development as shown on the Conceptual Plan would hinder the City's ability to preserve the SEPG corridor as a future transportation corridor. Adekoje PJ 22001, LLC Agenda Item 6 Page 5 Active Transportation Plan The Active Transportation Plan recommends the incorporation of a shared use path within the alignment of the Southeastern Parkway and Greenbelt. According to the Plan, shared use paths are typically 11-feet wide or greater and provide a physical buffer from vehicle traffic. Stormwater • Project Stormwater Design Staff Summary This project consists of the construction of a single-family subdivision, including 10 lots. In addition to the lots,this project will include associated right-of-way improvements and a stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows east towards an existing public drainage ditch. Stormwater runoff from the proposed buildings and right-of-way improvements will be collected into a wet pond that will treat for both water quality and water quantity before discharging into the existing public drainage ditch to the east.The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the onsite wet pond. Based on the information provided by MSA in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:7.50 acres Pre-Development impervious area: 0.00 acres Post-Development impervious area: 2.17 acres Stormwater Management Facility Design Information Type of facility proposed:Wet pond Description of outfall:Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge into the existing public drainage ditch to the east. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains through a series of public pipes and ditches east into West Neck Creek, into the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. ImpactsPublic Utility Water City water must be extended to service the proposed lots.There are eight-inch City water mains along Bluegrass Lane and Aloma Drive. Sewer City sanitary sewer must be extended to service the proposed lots.There are eight-inch City sanitary sewer gravity main along Bluegrass Lane and Aloma Drive. Adekoje PJ 22001, LLC Agenda Item 6 Page 6 School • . School Current Enrollment Capacity Generation t Change' Christopher Farms Elementary 651 students 669 students 3 students 2 students Landstown Middle 1,338 students 1,424 students 1 student 1 student Landstown High 2,185 students 2,354 students 2 students 2 students I"Generation"represents the number of students that the development will add to the school. "'change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • Three letters of opposition have been received by Staff noting concerns related to loss of wildlife habitat, flooding, and traffic congression. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13,2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5,2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25,2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. Adekoje PJ 22001, LLC Agenda Item 6 Page 7 i GREEN PARK 1, 5 on9ce�pktual Maste�r�PZlan w345.1 ::. WE DAM k.! 4— 11494 ToWSrWMee tISOlc If 90e Nee E)ludrg Eaeemem Am t5 92 l.c QnM ZmFig: AG1 1, Piopmell Zo@% R 10 valowe IW: S+gb FamM Resldentld 1/11LalA1s 10.0d9,1 Fpm SelDeck V Salle Setmde: ,0' VON` a - Relc Sediack 20' Total Lot Prapoavd 10 Open$pew Pmvded: t1.734.c or 20.7116 (Incbdee 1 ec SWW b 1. eelld� south led pWA-al0 Itl0� WAIN. *1.14 Nae!Trial TTPIGIL gCllde(So'R/R9 Q77 ti e .0. D fD / as � � N CL N np O -10 r=. O N 3 00 61 n • GREEN PARK Conceptual Master Plan I S eiunce �ni Lana.V�rpe Beach VA 23453SITE DATA: m v_a.. 1 1 1 sm. 1494eoas40000 - •�1 Tgal Sik Arez t7 so. fi. r Sk Area E,dWdng Eam~Am t591 a law -Z ' Cunene Zoning AGI \_ woo Pmposeo Use Single FwNty R..WIW rn1 Lm Am: 10.000 a 1. i non La wdm; BY Mnnad"f'. 'r Smhuc 10, A=` 140'EAS ,M8-NT „ � r pdd� 10 K e. OpM Sp"plvpolQ tt 23 a c m 19.77% rr..c... - (IhdLdea 1 B.C.SMF to Re ,outs«d da)va^d — DWAW 169 Yhlwda 21 J9 AttM Talai swsw. 4* 9 ,a.�_ .. s / n � s i TYPICAL SEGIId(5g'R/W) e D fD m 7 rV Q N v O O (D F f�D 3 r lD O) r) Proposed Community z a e EStrEZ W= O� ' VA ` HOb3e bINIJZ:IIA 1. 565z `3NV1 SSVHE]3ri-lE3 uo i mmm Qi k r 0 W 4 C9 j w A y � i o i I�Y I4 ' a a ze zg F Adekoje PJ 22001, LLC Agenda Item 6 Page 10 Proposed Elevation a FRONT ELEVATION-HOUSE 1 K a ' ^ •L� FROM ELEVATION•HOUSE 2 XW— TROW ELEVATION-HOUSE 2 t r - FRONT ELEVATION-HOUSE 4 Adekoje PJ 22001, LLC Agenda Item 6 Page 11 Proposed Elevation ML r_ FRONT ELEVATION-ROUSES iti-�-s 1 r FROM ELEVATION•HOUSE y TY; FROM ELEVATION•HOUSE 7 1 \� w L I FRONT ELEVATION•HOUSE I Adekoje PJ 22001, LLC Agenda Item 6 Page 12 Proposed Renderings y Owill 4 i. ': -.-. ,..F-u RFtnn H,i�rf'2U3.V,wcin,�n HrncY.Vlpcir.ia 23A52.pwON[:'!5']-']3')-'IAHw cn�:'JS'J-3A(JHU9U House 1 � a '' i U� N.lvHwNnvE,+Ro.nD Huiic 2U3,V,wcir+in HUG.a.VipG�u,n 23A52.pHOnE:'15'l''/3']-')4H9 �.�:75'l.3AU.(l� House 2 Adekoje PJ 22001, Agenda Item 6 Proposed Renderings s; IL 5.,. _ 45 .,a M:957.340•HC16�p:,' House 3 77 �.YN11-1 R—SU—203. 23452.PHONE:757-737 7489 757.34D Ufa House Proposed Renderings IIY MML - 1 House 5 V 4 .., ��.'� FAA• tA.. :• sue. :--fir ' _-Y tl c'.:A� AYY'� '.Ipl N,IVH.Aw.vew Rowp${JITE 2p3,VIgGINIq Bcwcw.VIg9�Nin 23452.Aiapn[:')5773'/-•)4B9 .rx:')573<ppp3(] House 6 Proposed Renderings wow r f Ililllllllllllll "!I ,. C] � i 1° House 7 t e , r ciao U M, House 8 .❑i H [r+Ro..n 6uiiE 2D3,Naoiwin BFl.cw,Viwair+iw 23452....iOr+E:75')'l377489 nix:75')340-8090 Site Photo .� .�:� �_. Tom✓ r+ � -'��'�f; � '�.�.. 4f�• y `f � i��• I may' ( � j� Adekoje PJ 22001, Agen•. Item 6 Disclosure Disclosure Statement Q'Ar oJvyue,Bmd 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 Adekoje PJ 22001, LLC Does the applicant have a representative? 91 Yes ❑No • If yes,list the name of the representative. Mark R.Garrett,Jr.Esq. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?W Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) BABATUNDE ADEKOJE-Member,OLUGBENGA MAXWELL ADEKOJE-Member, ADEDIMEJI OMIKUNLE-Member,DUKE K. QUARSHIE-Member,CANDICE K.BARNES-Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(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. 12.09.2020 1 I Adekoje PJ 22001, LLC Agenda Item 6 Page 18 Disclosure Disclosure Statement 10 Co a/YUR-Band: &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ■No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes L No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes i No • 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?Is Yes ❑ NO • If yes,identify the firm and individual providing the service. Adek*Architects LLC,Babatunde Adekoje,President 5. Is there any other pending or proposed purchaser of the subject property?❑Yes y NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 Adekoje PJ 22001, LLC Agenda Item 6 Page 19 Disclosure Disclosure Statement IT 10 "—aesh Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the company and individual providing the service. Adekoje Construction LLC,Babatunde Adekoje,President 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,P.C.,C.Scott Acey,PE,NSPE 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. Sykes,Bourdon,Ahern&Levy,P.C.,Mark R.Garrett,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has 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. AppBcantSignature Babatunde Adekoje,President Print Naf a and Title Date Is the applicant also the owner of the subject property? 8 Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. that pertains to the applications ® 1 106/26/2024 Signature No changes as of Print Name Kaltlen Alcock Revised 11.09.2020 3 1 Adekoje P1 22001, LLC Agenda Item 6 Page 20 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Adekoje PJ 22001, LLC Agenda Item 6 Page 21 I------- - ! - I 1 0 /i I--, o as 'o � � �s7.5 R7.5 / m Ei' 0 D noun R�7.5 � a � AG2 AG�1 AG1 R10 0 AG2 �? N ® site Adeko a PJ 22001 , LLC----- Property pvi�gvn� J W E Parcels west of Bluegrass Lane S ® Zoning Building & east of 2044 Aloma Drive Feet 0 4080 160 240 320 400 480 ADEKOJE PJ 22001, 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 2Z day of Ar.' 2024,by and between ADEKOJE PJ 22001, LLC,a Virginia limited liability company,party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of three parcels of land located in the Princess Anne District of the City of Virginia Beach containing approximately+/-7.5 acres which are more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein referred to as the "Property"; and WHEREAS,the party of the first part,as owner of the Property,has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 Agricultural District to Conditional R-10 Residential District; 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 Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that GPIN: PARCEL ONE 1494-38-9822-0000 PARCEL TWO 1494-48-0354-0000 PARCEL THREE 1494-38-9445-0000 Prepared by: Mark R.Garrett,Esq.,VSB#96982 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise;and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as apart of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its 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 Q�O prq -qua,for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree 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. When the Property is subdivided and developed, it shall have the entrance, neighborhood identification sign, street section, street trees, minimum front yard building setbacks,neighborhood playground,and open spaces substantially as depicted and described on the exhibits entitled,"Green Park Conceptual Master Plan, Virginia Beach,Virginia"dated April 3, 2024,prepared by Adekoje Architects, LLC, and "Signage Plan& Elevations,A2.0" dated June 15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter collectively, the "Conceptual Subdivision Plans', and are incorporated herein by this reference. 2. When the Property is developed,it will be subdivided into no more than ten (10) single family residential building lots. The ten (10) new homes will be built with a crawlspace or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area and a two (2) car garage. The homes constructed on Lots 1 through 10 as designated on the 2 Conceptual Subdivision Plan shall have their front entry facing the street with the architectural features and exterior building materials substantially as depicted and designated on the exhibits designated "Green Park Home Elevations pages A1.0,A1.1,A1.2, and A1.3" dated July 20, 2022, prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter collectively "Home Elevations"),and are incorporated herein by this reference. 3. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots,parcels,and where applicable any easements outside the public rights of way to a mandatory membership Horne Owners'Association which shall be responsible for maintaining all open spaces, park areas, common areas, including any improvements and equipment thereon, entrance feature signage and other improvements on the Property as depicted on the Conceptual Subdivision Plan. 4. The final stormwater management plan submitted to the Development Services Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance, 5. Further conditions may be required by the Grantee during detailed Subdivision review and administration of applicable City Codes by all cognizant-City agencies and departments to meet all applicable City Code requirements. The above conditions,having been proffered 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 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 3 said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf.of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors 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 name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: ADEKOJE PJ 22001, LLC, a Virginia limited liability company By: (SEAL) Babatunde Adekoje, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 22ro day of 2024, by Babatunde Adekoje, President of ADEKOJE PJ 22001, LLC, a Virginia limited liability company, Grantor. Notary Public ,,••••..o.u'r�.� My Commission Expires: 1-31- 20 25 ♦ pNly .„ Notary Registration Number: Iq'4k30 v O. p- 197430 z I was comrAssioned as Cynthia 0.Ferguson ZV ��'i VIR3 �;'•� �'•..�ARY PVOe`• •••un••N• 5 EXHIBIT "A" Parcels 1 &2: ALL THAT certain tract, piece or parcel of land, formerly situate, lying and being in Seaboard Magisterial District, Princess Anne County, Virginia, now in the City of Virginia Beach, Virginia, and being a part of the land which John T. Brown resided and described on a plat made by E.E. Burroughs as follows: BEGINNING at post in Gould's line and running S 81 E. 7.00 post,S 4 E. 1400 S 81 1/2 E. 6.44 Ditch, S. 19 W 6.29 Ditch N. 60 3/4 W. 1088 N. 27 (1/4 E. 352 N. 21 1/4 W 15.92 to the beginning and is described in said plat as containing nine (9) acres, more or less. LESS and EXCEPT those portions of property conveyed by deeds recorded in Deed Book 658 at page 497, Deed Book 1090 at page 210 and in Instrument Number 20181219001039750. GPINs: 1494-38-9822-0000; 1494-48-0354-0000 Parcel 3: ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, formerly known as Seaboard Magisterial District and Princess Anne County, Virginia, and designated as Parcel B containing 1.75 acres, more or less, on the Subdivision Bowen River as shown on the Plat of William C. Etheridge and Herman and Vernell Rodgers, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 83 at Page 9,together with the building thereon. GPIN: 1494-38-9445-0000 6 GREEN PARK Conceptual Master Plan ' 5 Bluegrass Lane, Virginia Beach VA 23453 fors I � _ :+seao sF i Lary n:2ao aF :+i.a°sr I j 1 �� 31TE DATA: :+i Too sF 1 OPRI: 14943898220000 s — q 14943894450000 02.6W SF ; j 14944803540WO i _ �. I i' Total Site Area: t7.50 a.c C % Site Area Excluding Easement Area t5.92 a.c - jCurrent Zoning: AGt 14,T .10 iano+x+ 1 I 'fr / Proposed Zoning R-10 :13,SW9F *11,I SF !O -- Proposed Use: Single Family Residential :+s woes► Min Lot Area: 10,000 s.1. 1 I $ wo J Min Lot Width: 80, Front Setback: 30' Side Setback: 19 F �. ,[tea Rear Setback 29 I eon"- Total Lot Proposed 10 Open Space Provided: 31.23 at or 20.77% (Includes 1 a.c.SWMF to the south and playground. Density 1.69 �Y M Wetlands t1.39 Acres Total Lm m t4 s _-- .noso SF - saaN ILO Lor9 �•, OF nseooes % INN `.. +i TYPICAL SECTION (50'R/yY) •rF a Or Of \ ! C K D J E. % \\ Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 6 Adekoje PJ 22001, LLC RECOMMENDED FOR APPROVAL Clerk: Agenda Item #6, Adekoje PJ 22001, LLC is a request for a conditional rezoning from AG-1 Agricultural to Conditional R-10 Residential at the parcels west of Bluegrass Lane and east of 2044 Aloma Drive in District 2. Mr. Bourdon: Chairman, Members of the Commission, Eddie Bourdon, Virginia Beach Attorney. I'm here representing Tunde Adekoje who is with us this afternoon. Tunde is a local architect, a very accomplished one, and this is a unique proposal to construct, develop, and construct 10 homes on 7.5 acres, an extension of Blue Grass Lane at the back of the Princess Anne Meadows subdivision on a piece of property that is essentially surrounded by residential development of greater, slightly, but in every case greater densities than what is proposed here. The staff report indicates it's.1.69 units per acre, but my math on a 10 unit subdivision on 7.5 acres, it comes out a little bit less than that. I think it's 1.25 units per acre,but it's not high density by any stretch of the imagination. It is in a noise zone,and it is also completely consistent with our policies with regard to NAS Oceana,and the Joint Review Committee has so opined. The application is also with one exception, completely consistent with our comprehensive land use plan. The proposal is for a green development. These homes, which all will be designed and built by the applicant for sale will be entitled to be high grade LEED certified if anyone wants to submit for LEED certification. Everything about it is futuristic. The project would be unique to Virginia Beach and something that we, I think, as a city should be attempting to encourage looking forward,and that includes trees and greenery. The trees on the site, obviously, Dominion Power has come in and cleared 140 foot easement for the wind energy project, which I'll talk about a little bit, but the rest of the property that would be developed to the greatest degree possible, the trees on the property would be retained. Obviously, we all know from a storm drainage perspective that it does require some trees to be removed,but it's not the applicant's intent to remove the first tree beyond what is absolutely necessary in order to develop these 10 lots with 10 houses on them. The property has no wetlands on it that are defined as such by the City of Virginia Beach, is entirely developable land, and the DEQ has approved any impacts to what would be core defined,non-upland,non-tidal wetlands,and under the Sackett decision,there's no connection to any body of water. So any concerns that none of this property or some of this property is developable or not valid, not accurate. The issue that is before us today, we have done everything we can do to try to avoid, but unfortunately that's become unavoidable that we come forward and move this process along. The subject property is bisected by on paper a road initially called the Southeastern Expressway. It was first put on the Master Transportation Plan in 1991. It was discussed for a couple of years or so prior to that time. Initially, it was a 150-foot wide right of way. A number of years later, in order to curry favor with the federal government for funding purposes, it was expanded to a 300-foot right of way with a southeastern Parkway and Greenbelt name given to it. Now 33 years later, 33 years that this property has been subjected to this idea that somewhere along the line is going to be a road put through, no effort made to acquire, you know, any right of way on the property, we've jettisoned the Southeastern Parkway and Greenbelt, and the city owns right of way on both sides of this property too, by the way. So the city now wants to have a two lane road from Holland Road to Indian River Road,which,I do understand that aspect of this,but a two lane road does not require a 160 foot wide right of way. In Town Center, Virginia Beach Boulevard, Independence Boulevard, those right of ways are 120 foot wide. So, we need a 160 foot right of way to build a two-lane road? No, we do not. We absolutely do not. You build a two-lane road with a multi-purpose trail, and all the bells and whistles you might want in a 70-foot right of way without a problem at all. Now,this morning, I think the world of Ric Loman, one of the best people we have working for the city,and he was very honest. He said exactly what I intended to say. There's no idea when that two-lane road is ever going to get built. We don't know. I frankly don't think I'll live long enough to see it get built. So, once again, we have a piece of property that has been subjected to this idea that there's going to be a big road put through it that we now know isn't going to happen, and we can't do anything with the property. So, an approval today, a recommendation for approval today, will put the onus where it belongs on the City of Virginia Beach to make a determination. Do they want the right of way through here or not? How much do they really need? So I'll go back to Dominion Power, the wind energy project has only been around for between five and six years. What did Dominion Power do? They came out to, we need an easement across your property, 140-feet wide, we're gonna pay for you for it. They did just that. It is just, it is, again, I'm the biggest fan of Virginia Beach. I'm born and raised here,and everybody knows, I'm a cheerleader,but this isn't the way you run a railroad. If the city desires to have a 70-foot right of way through here, so that one day or whatever, whatever the right of way width is for that matter. That one day we'll be able to put a two-lane road here, then step up to the plate. But when this road was originally conceived, all this area, interfacility traffic area, et cetera, et cetera most of that did not exist. Almost all of it didn't exist. It wasn't until after the year 2000,the MOU and all the deal with BRAC,that we did all these things to protect,and this perfect timing,you got to hear all about it this morning from Diane Hicks. Okay, that's why this road, that's one of the reasons why this big old road is no longer really necessary, and it's also because there's not going to be much development in the inner facility traffic area other than open space, recreational, etc. So, again, I'm not here to tell you that that road will never be needed, but the chances that most of us will live long enough to see when it's needed is pretty remote. Should the city get some right of way for that potential day? Sure. If they want it,but you can't tell somebody that's been sitting here. Now,my client hasn't owned this for the entire,you know,33 years,but the previous owners were saddled with this. It's, again, nothing stopping the city during the subdivision review process that, as we all know with stormwater, will take another year,that they can come in and figure out what, if they want a right of way. No one's going to build a house on these lots if it's where the city wants a right of way and they're willing to make a motion, allocate the money,buy the property for the right of way, but it is not equitable. I don't think it's, frankly, constitutional to sit there and just tell somebody, sorry, you know, you're stuck for the next 50 years. You can't do anything with your property. So I don't think anybody can deny it's a good application, a good project, it's consistent with everything in our comprehensive plan, except for a road that has been on the master transportation plan for 33 years,has now been jettisoned and the city wants some type of road to take its place. Again,the city is perfectly within its rights to,to put that in place, but they've got to come out, step up and do something, and that's what we did last August when we deferred this case. We thought that council would step up and that they would figure out what kind of right of way they want, and deal with it, and so we can move forward. Mr. Alcaraz: Any questions for Mr. Bourdon? Ms. Byler: Mr.Bourdon,you've made your position regarding the road loud and clear. What's your position on the cross city shared use path that is supposed to go through there in one or of two places. Mr. Bourdon: I completely concur. There should be, no one's suggesting that there shouldn't be a multipurpose trail and some landscaping around it. That's why I said 70 feet, because 70 feet's more than enough, because you don't, two lanes of road are 24 feet. You can have nice median,you can have nice landscape,but again,that's really the city's determination,but you certainly don't need 160 feet of right of way for a two-lane road by any stretch of the imagination and a multipurpose trail. There's also, the Virginia power easement that, you know, none of the property is on, but it comes right up to that, and that's where there also should be a trail, but that has nothing to do with this application, but that's the north south part. If you look at the, what's up there on the far left side,which would be the west side,those two lines that run parallel, and bisect the dotted red lines. That's used to be the railroad line went all the way down to Munden Point Park, and that's an existing easement. In fact, to the north, there is a private road that runs up that was done back before we ever had a subdivision ordinance. It's a road that comes in off of Princess Anne Road right at the access to Princess Anne Meadows, and then comes and goes up to some properties further to the to the northwest, but that has always been for many years, has been in the comp plan to put a trail down it,but some of the neighborhoods, especially to the south, Christopher Farms and all, have opposed that. But we have, again, my client is not trying to stand in the way of the city acquiring a reasonable amount of right of way to include,you know, a trail. He has no issues with that and he has no issues with it coming to his neighborhood whatsoever, but 160 feet of right of way and no effort made to acquire the property for 33 years is,you know,patience has run out. Mr. Byler: Thank you. Mr. Plumlee: Mr.Bourdon,you indicated you took an indefinite deferral and worked with staff in the city to see if there was interest in defining this. I take that to mean,and I ask this question in the informal, has there ever been a motion passed by our legislative body for the road that that public works is talking about to your knowledge? Mr. Bourdon: To my knowledge,no. There's not. To my knowledge, you know, council I was told, was briefed, it's been some time ago, but because it's an acquisition issue. It's in closed session. But council's been briefed about it, and what I heard back was,you know,there's no money. Mr. Plumlee: I take my oath of office very seriously, when we are asked to defend the Constitution. I went back and read Article 1, Section 11 of our state constitution,which was updated not that long ago when that big case out of Boston came through on a takings, and it says specifically, no more private property may be taken than necessary to achieve the stated purpose, and here, we don't have a defined area that I've heard yet, and we don't have a stated purpose by the authorized legislated body that can perform a taking. So that troubles me. Can you address that? Mr. Bourdon: Can I address that? I think you already have, Mr. Plumlee. I don't think, I can add a lot of substance to what you said. It's, totally my understanding and has been from, you know, for decades. So again, as I said, my advice to our client has been from day one,let's work with the city,you know,let's, you know, we're not trying to get in the way of something that's necessary, but at this point. Mr. Plumlee: But this was the same applicant as of last year? Mr. Bourdon: Right. This has been in process. We've been through the stormwater process. We've been in, yes, we've been in process for this for going on four years and we've tried to give the city,and the city still has opportunity, you know, to acquire, you know, we're not, this doesn't foreclose the city's ability to determine they need X number of feet or right away to do what they wish in the future within this area, including all 160 feet if that's what they want to do, but you can't condemn somebody's property that, you know,just sit there and can't do anything with it. That's our problem, let's just make a decision, not this body, but city council needs to make a decision, but you're absolutely correct, and I'm not, and we're not here, my client's not here trying to threaten anybody, we just, we want to try to be able to have a reasonable use of the property, and put it to reasonable use and in a beneficial way all the way around. Mr. Alcaraz: All right,thank you. Mr. Parks? Mr. Parks: As an architect, I can appreciate the renderings of the houses, but my concern after hearing the briefing this morning is in the TA and the ITA areas. There is a defined pattern book,and what is being proposed does not seem to be matching the area around it. Mr. Bourdon: Well,this is not in the Interfacility Traffic Area to be clear. The Interfacility Traffic Area is on the west side, southwest side of Princess Anne Road. So this is not in the ITA or Transition Area. Okay,this is good old,you know, Virginia Beach. It's just, it has the AICUZ issue with the noise zone, but it doesn't have anything to do with the Interfacility Area guidelines that Diane was speaking about this morning,and I kind of went through that and didn't make that distinction. It's that, but this road, I may, I brought that into it because the road is designed to provide access from Holland,Princess Anne, and then from Princess Anne, to Salem, and then to Indian River. That's what they want to have. I mean,again,there's no design for a road,and that area isn't going to develop other than a 1 per 15,okay? If any, and it won't be partly any residential,and so that lack of development potential is one of the reasons why they don't need much of a road and it's not going to have carry a lot of traffic, but this piece is not in the ITA, but the road goes through the ITA. Mr. Parks: Understood. Just knowing that area, the design that's going in there, obviously this isn't the body to debate this on. I'm just saying,I don't believe it fits the character of the area it's going into, and again I appreciate the modern design as an architect. I know there's ways to,to do green building, sustainable building,but also make it fit the neighborhood that surrounds it. Mr. Bourdon: Well, the neighborhood that where access is through, this is not in the middle of the neighborhood. It's off on its own, at the end of an existing dead end street, dead end cul-de-sac, because they knew this property was developable and the developers of the neighborhood actually sold one of the three parcels to my client for this development. So it really does not have, it's not like it's sitting at the entrance of the neighborhood,and you're going through one to get the,it is at the tail end on its own separate cul-de-sac. So it is modern and it is unique, and I don't believe that, I'm not aware of opposition from the folks that you all saw this morning. They're in a totally different neighborhood to the north, so I don't believe that Princess Anne Meadows is opposed to this application because I don't really think it impacts them other than the homes will have cars that drive through their neighborhood to get to Princess Anne Road,but it's really, it is its own little separate enclave. I'm not going to argue that the houses are the same as those in Princess Anne Meadows,but I think if it were somewhere else other than where it is, then it would have a potential impact, but the houses will, again, the houses in Princess Anne, Meadows are wonderful houses and they're not inexpensive. These will not hurt their dollar value assessments. I can assure you that they will because of the circumstance of it to do a homes like these,there's more cost involved and there's going to be a higher sales price. I don't think anybody would argue the contrary. Mr. Alcaraz: Mr. Coston, go ahead. Mr. Coston: 1 have difficulty with the city holding the property forever and a day now. I lived through the Southeastern Project. My neighborhood was at the beginning of it, and people who had suffered for years building their own homes were moved out of those properties and now we don't need it. So, I'd support this for approval. Ms. Hippen: Mr.Bourdon,I was the sole person that went out and looked at this property on our visit, and when I walked in here, I was dead set against it,but you're one heck of a lawyer, and you made some points to convince me to support it because you're absolutely right, yes there's a propose, but nothing's in stone, and Mr. Plumlee asked the question, and I didn't feel that he got an answer to the question of has city council voted on this. Now this road that's proposed,okay? Mr. Bourdon: Unless I missed it, and I don't think I did. They have not voted on a replacement road for the Southeastern Parkway and Greenbelt with the exception, because I was there, of the section between Dam Neck and London Bridge for Amazon,yes,but that's,the only section of this road that I'm aware of that they've actually voted on,and that's being built by Amazon and reimbursed the cost of the road by the city, and it's a two lane road. Ms. Hippen: I am going to vote for this, but my only hesitation, and I have to agree with my architect friend that the style of home that's going in there is very different from all the homes all around it. So I just want to interject that, they're really neat looking, don't get me wrong, but I do agree that the city either needs to purchase that land or let him develop it. Mr. Mauch: Could we get clarification from staff about what he just stated,making sure everything is accurate? Ms. Warren: Sure. I will give it my best attempt here and I've got Hank Morrison,that's our comprehensive planning coordinator, but although we have not paid, designed all of that for a new roadway. This segment is part of the existing current master transportation plan, which is part of the comprehensive plan that is currently active. We have not updated either one of those formally yet,so that's just a point of clarification. This is in both of those documents. They have not been changed yet. Ms. Byler: Ms. Warren,when you say they haven't been updated yet, I understand that that means the new road, whichever it will be, and the new shared use path hasn't been exactly laid out yet,correct? But the old preservation of the city maintaining that for the road that we now know won't go in,but still the old protection is still in place. Is it not? Ms. Warren: Correct. That's right. Ms. Byler: So the city basically didn't need to act until it removes that old protection. Correct? Ms. Warren: Yes. Ms. Byler: Okay. Thank you. I just wanted to make sure there wasn't a gap in time when they have said, all right we're not going to do one, and they've hesitated to indicate what they're going to do. Ms. Warren: No, if you recall too, there was a recent presentation made to City Council where our Public Works Department made a presentation to City Council about the various segments of the Southeastern Parkway, and what segments they wanted to remain in effect, and there are three, and this is one of those. Ms. Byler: Thank you for the clarification. Mr. Mauch: So if this were to go forward, is there an alternative path? Has there been one looked at for the roadway to go through, or would it just be too many properties to kind of navigate through? Ms. Warren: So currently,they're looking at the master transportation plan, and I believe it's only about? Ms. Byler: What percentage complete? Ms. Warren: About 40% complete, so I don't believe that they've come up with any alternative,or if they've been asked to,especially in this area,come up with an alternative path. Mr. Alearaz: All right. Clerk is there any opposition to speak? Clerk: No sir. Mr. Alearaz: I'm just gonna make one little statement. I'm torn with this too because, I mean,we're here to make a recommendation to city council,and we've been brought forth some to us that, I think City Council needs to make a move on. So, I just wanted to say that we're making a recommendation for City Council. Everyone think straight on this and see what you want to do. All right,got a motion? Mr. Plumlee: Yeah, I'll move to recommend this for approval. Let me explain why. We see right here in the staff report, The City Council has acknowledged that there is not a need for construction of the Southeastern Expressway. It states it right in the staff report. Even though it's in the Master Transportation Plan, that means that's been hanging out over the landowner's rights for all these years. We are not a condemning authority. Public Works is not a condemning authority. It is the City Council that is a condemning authority. Our recommendation is does this meet with infill obligations for construction of this nature,yes or no? I think it does. That's what we send up to you. You decide if you want to take it. You know, they indefinitely deferred taking it up there,seeing what they would do,and now we're saying make a decision. That's all. Otherwise, I took an oath of office for this position. I took an oath as an attorney. I'm here to comply with the Constitution, and I don't see how it complies with the Constitution if our legislative body haven't,hasn't clarified this very dicey issue for real people with real ownership interests trying to make housing in a city that desperately needs housing. So,therefore, I move to recommend approval. Mr. Alearaz: I have a motion by Mr. Plumlee, second by Mr. Coston. Are there any comments before we vote? Clerk: The vote is now open. By a vote of 8:3 Item #6 has been recommended for approval. AYE 8 NAY 3 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler NAY Cromwell NAY Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks NAY Plumlee AYE From: tammy caverly To: Marchelle L.Coleman Subject: Conditional rezoning of 2044 Aloma Dr. Date: Monday,June 10,2024 7:56:42 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. It has come to my attention that there is talk of building more houses in the woods by my house. I am strongly against this.They have already built new houses and have torn down the woods for the new power lines for the wind turbine project. The animals that used to be back there have lost their houses and have no where to go.How many more houses does the City of Virginia Beach need.We were told those woods were considered wetlands and could not be built on. Since we have bought our home I have noticed an extreme amount of cracks in the foundation and in our streets. Massive sink holes and erosion of storm drains.I can't help but think one day the houses will all succumb to a sink hole with all the excessive building. Please listen to the residents that are are against this when you make your decisions. Hoa N. Dao From: ajteacher@netzero.net Sent: Tuesday,August 8, 2023 10:54 AM To: Hoa N. Dao Subject: Conditional Rezoning Letter for Adekoje PJ 22001, LLC CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Subject: Conditional Rezoning Letter for Adekoje PJ 22001, LLC Good Morning, I am writing to voice my opinion on the rezoning matter, as it directly affects me as well as my neighbors. I am NOT in favor of approving this motion and very upset about the prospect of this happening, for many important reasons. One of the biggest reasons I purchased this property was the wooded area. If I knew there was a possibility of having houses built right up behind me, I would not have made the choice of buying this house and property. Additionally, I was assured at the time that the area of your proposed development could NOT be touched or built upon as it is protected wetlands. This greatly informed my final decision to make such an important and pricy purchase. Having come from a more nature- like area in eastern Long Island, NY, it has always been important to me to live in an area where I am not right up against other houses and can enjoy a little nature. It has been disturbing enough with the huge development nearby bordering Princess Anne Road, some of which I can see through the little bit of woods that are left. I have had a family of foxes in and near my yard, raccoons, deer, and other wildlife, which greatly adds to the quality of life living here and is a big part of a healthy ecosystem. The peace I get from the sanctuary of my backyard with the trees and wildlife, especially after a long hard day of work, would be gone. The proven MANY important benefits of trees would be gone when they are torn down. Destroying the few woods that are left would reduce the quality of life for myself and my neighbors and be greatly damaging and detrimental to the environment and ecosystem for years to come. I realize that the city's decision to want to build more is about money. However, some things are much more important than money. Additionally, while short-term it may mean more money, the long- term harmful consequences could very well cost the city much more in the long-run. I had a choice where to live - I could have lived in Chesapeake or another surrounding city. But being told that wetlands would not be built upon, I thought that Virginia Beach would honor that and put both the environment and the people first. Where I used to live in Long Island, NY (and family still reside), they take every chance possible to PRESERVE both small and big pockets of land, as they understand the great importance and benefits for both the environment and the people that live there. I have both read about this preservation and see it with my own eyes whenever I am up there. We have seen here in Virginia Beach the many detrimental effects of over-building, including flooding in areas that never used to flood. Other than money in the hands of a few people, the impact of building on wetlands would be hugely negative for both the ecosystem and so many people. I am hoping that you truly consider the whole picture before such a consequential decision is made. I implore you to do the right thing. In the past few years, I have been more and more disappointed in 1 the ways Virginia Beach loves tax dollars more than the many, many benefits of trees, the environment, and the people that already live here. I have known many people that have either left, or, some that had considered moving here that changed their mind due to the excessiveness of putting the dollar over the environment and quality of life here. More and more people will NOT move to Virginia Beach if the attitude and approach of tearing down what matters most turns this city into an even more crowded, more traffic-laden, more flooded, nature-less, too expensive place that no one wants to live. People are smart - they observe, they see what is going on, and when they have a choice, they will choose a city where the leaders show they care about all constituents, not just the rich. Please don't take away the sanctuary of the patch of woods that we have left here. It matters. Thank you for taking the time to read this. The decision you have to make is a big one, and again I am hoping you consider all of the consequences. You have a chance to do the right thing for the city, and a chance to make a big difference in the lives of others. Please help make Virginia Beach a place people want to live in, not want a place people want to move away from. Sincerely, Amy J. Cross Amy J. Cross 2044 Aloma Drive Virginia Beach, Virginia 23453 757-343-9866 z From: Robo Choi To: Marchelle L.Coleman Subject: Conditional Rezoning AG-1 Agricultural to Conditional R-10 Residential) Date: Monday,June 10,2024 3:17:51 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, I am writing to voice my opinion on this rezoning matter. I am NOT in favor or approving this motion. I enjoy the peace and quiet of the wooded area behind my house and would not like any close neighbors. I have also looked into purchasing this property myself in the past, to avoid this type of situation happening at some point. We enjoy many wild animals that live in this small parcel of woods that is left, after the massive housing complex that has already been built behind us. It is the new 350 home neighborhood built in the area and it seems as if it is just too much developing going on in this area. When we purchased our home in 2001 we were told the wooded area was city property and protected wetlands. This meant to us that there was no chance of further development, which convinced us to purchase our house and live here. We have a nice quiet cul-de-sac and know and trust each of our neighbors. We would not welcome any additional traffic or houses being built in our small neighborhood. I have also performed "woods maintenance" over the years by chopping up fallen trees, protecting turtle nests and other animal activities. I would not enjoy seeing my years of labor being plowed over to make way for more home. The area is already over-developed! Please let me know if I can provide any further information. Thank you so much, Robert Rice 2040 Aloma Dr. 757-617-2767 From: Heather Rice To: Marchelle L.Coleman Subject: Conditional rezoning by 2044 Aloma Drive Virginia Beach Date: Monday,June 10,2024 2:51:56 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing with concerns about the rezoning hearing of the property behind my home at 2040 Aloma Drive. When we purchased our home in September 2001, we were told that the land behind us was zoned for agricultural and could not have houses built on it. Recently there has been a development built close to us as well as the clearing of trees for the wind mill turbines project, which has destroyed the homes of most wildlife. The woods behind our home are filled with deer, foxes, ospreys, a bobcat, turtles, squirrels, birds, racoons, opossums, lizards and snakes. By taking away these woods it will take away the homes of these animals. The developers have already displaced so many animals in this area that we must protect what little woods are left. Also, our neighbors back yard is eroding because of the drainage ditch behind their home. By building even more houses back there will take away all of the trees and foliage along with roots which will further erode our back yards. I would like for the Planning Commission to consider all the wildlife displacement and erosion problems, prior to allowing any further building on this property. It will create the sure deaths of all wild life in this area. I vote to decline the request for rezoning this property. Sincerely, Heather Rice From: Ci Verrett To: Marchelle L.Coleman Cc: CJ Verrett Subject: Rezoning property adjacent to 2032 Aloma Drive Virginia Beach Date: Tuesday,June 11,2024 4:11:03 PM CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings, I am writing this email to express my strong opposition to approving the rezoning of this property. I enjoy the peace and quiet of the wooded area behind my house and would not like any close neighbors. I would like to keep the trees to help with land erosion. We enjoy many wild animals that live in this small parcel of woods that is left,after the massive housing complex that has already been built behind us. When we purchased our home in 2003 we were told the wooded area was protected wetlands. This meant to us that there was no chance of further development,which convinced us to purchase our house and live here. We have a nice quiet cul-de-sac and know and trust each of our neighbors. We are not fond of welcoming additional traffic or houses being built in our small neighborhood. I vote to decline the rezoning request of this property. V/R CJ Verrett 2032 Aloma Dr 757-951-7411 From: Brian McGee To: Marchelle L.Coleman Subject: June 12th Public Hearing on Conditional Rezoning of GPIN 1494389822, 1494389445, 1494480354 Date: Friday,May 31,2024 10:58:13 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. L _ --_._.__ _- ------.. -_- _._ __.._ ------._...____a To whom it may concern, I would like to thank you for the opportunity to have my voice heard regarding the application by Adekoje PJ 22001, LLC to have the parcels West of Bluegrass Lane and East of 2044 Aloma Drive rezoned from AG-1 Agricultural to Conditional R-10 Residential. I have resided in The Woods of Piney Grove neighborhood for thirty years. My wife Lisa and I very much enjoy spending time outside in our yard watching the various wildlife as well the relative tranquility of our neighborhood. We see the occasional river otter, deer, and even wild turkeys form our backyard. In recent years we have seen over 200 acres of wooded area razed for the construction of 80 new homes on Princess Annes Road. After the construction of these new homes the noise level at our home increased dramatically. Because of our proximity to the Municipal Center, fire and police sirens are frequent. The trees that existed prior to the new construction acted as a significant sound buffer to the noise from Princess Anne Road as well as the Amphitheater. With heavy hearts we have been watching many more acres of trees come down to make way for the overhead power transmission lines for the off-shore wind farm. It is devestating to us to see the erasure of nature that we have enjoyed from our home for decades. Planning Commission members, I urge you NOT to allow for the rezoning of this property. The 7.5 acres in question is the last area of refuge for much of our local wildlife and provides a natural sound barrier between our very serene neighborhood and the hustle and bustle of Princieess Anne Road and the Landstown shopping area and Amphotheater. Sincrely, Mr. and Mrs. Brian McGee 3029 Damascus Trail Virginia Beach, VA 23453 ' �Cy 'A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EARTHSCAPES ENTERPRISES, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business & 1-1 Light Industrial to Conditional 1-1 Light Industrial) for the property located between 619 & 623 London Bridge Road (GPIN 1496970566). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 9, 2024 ■ Background: The applicant is requesting to rezone a 1.46-acre parcel from B-2 Community Business and 1-1 Light Industrial to Conditional 1-1 Light Industrial. The site is located in the greater 75 dB DNL noise zone and the Accident Potential Zone 2 and is in the London Bridge Industrial Park. The applicant proposes to construct a 3-story, climate-controlled self-storage facility, totaling 106,800 square feet. The facility will be accessible for lessees and account holders 24 hours a day, seven days a week, with between 4 and 8 employees anticipated. The concept plan depicts a layout that meets the required street frontage, building foundation, and interior parking lot planting requirements. Parking is met on site and exceeded by six spaces. ■ Considerations: The proposed conditional rezoning and use of the property is consistent with the surrounding properties, general recommendations in the Comprehensive Plan for this area, and AICUZ restrictions. The property is located in the Special Economic Growth Area (SEGA) 2 —West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential. In Staffs view and the Planning Commission concurred, the proposed Mini-Warehouse facility is consistent with the Comprehensive Plan's land use policies for this area and is compatible with the AICUZ 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Earthscapes Enterprises, LLC Page 3 of 3 Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,--� Submitting Department/Agency: Planning Department City Manager: ? fx Earthscapes Enterprises, LLC Page 2of3 Proffer 1: When the Property is developed, the vehicular access, landscaping, building locations and setbacks shall be substantially as depicted and described on the exhibits entitled, "PRELIMINARY LAYOUT FOR LANDSCAPE CONTRACTOR BUILDING AND SELF STORAGE FACILITY VIRGINIA BEACH, VIRGINIA", dated 4-11-2022, prepared by SIA (Sheet 1 of 1), and "Landscape Design Earthscapes Office with Bulk Storage Yard (Parcel A-3) and SELF STORAGE (Parcel A-2), Virginia Beach, VA", dated April 4, 2024, prepared by Earthscapes Lawn and Land Service, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"), which are incorporated herein by reference. Proffer 2: When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance exterior building materials, height and signage substantially as depicted and described on the elevations and renderings labeled "NEW STORAGE FACILITY FOR ECO STORAGE, LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", Sheets A2.0, A2.1 and A2.2 dated 6-29-2022, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations") and are incorporated herein by reference. Proffer 3: The storage units shall be used for the storage of goods and items of personal property. As precluded by law, the storage of explosives, petrochemicals, petroleum and petroleum related products shall not be permitted. Proffer 4: The storage units shall not be used for office purposes, as a residence, as a meeting place for activity, or any other purpose which is not consistent with the storage of goods and items of personal property. Proffer 5: This Conditional Rezoning and the Proffers set forth herein shall supersede any conditions contained in any prior Conditional Use Permit which may have been granted upon the subject property. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ■ Attachments: Staff Report and Disclosure Statements Applicant& Property owner Earthscapes Enterprises, LLC Agenda Item Planning Commission Public1 City Council District 3 City q/ ;B 10 Virginia Beach Request Conditional Rezoning (B-2 Community Business District& 1-1 Light Industrial District to Conditional 1-1 Light Industrial District) CHECKER DR h BOWL-AND PKWY O Staff RecommendationIx Approval Staff Planner g PRODUCTION RD -- ! Marchelle Coleman PREC SION DR Location QUALI1C= o Parcel between 619& 623 London Bridge Road A GPIN ° m Npvv RD 1496970566 sY Site Size 1.46 acres — — AICUZ Greater than 75 dB DNL;APZ-2 Watershed Chesapeake Bay PRECISION OR Existing Land Use and Zoning District .wr Undeveloped lot/B-2 Community Business, 1-1 ` Light Industrial Surrounding Land Uses and Zoning Districts !. North Precision Drive Office/1-1 Light Industrial ; AA South .., Quality Court Office,warehouse/ 1-1 Light Industrial 4 East Office, bulk storage yard/ B-2 Community - = . Business ' QuauYT CT West Office, bulk storage yard/ 1-1 Light Industrial Earthscapes Enterprises, LLC Agenda Item 10 Page 1 Background iSummaryofProposal • The applicant is requesting to rezone a 1.46-acre parcel from B-2 Community Business District and 1-1 Light Industrial District to Conditional 1-1 Light Industrial District in the London Bridge Industrial Park, west of Naval Air Station Oceana. • Earthscapes Enterprises, LLC is proposing to construct a three-story climate-controlled self-storage facility with a building footprint of 35,600 square feet and a total floor area of 106,800 square feet on this parcel.The building exterior will be comprised of brick veneer and metal panel siding with a proposed height of 44 feet and 5 inches. A Mini-Warehouse (self-storage)facility is classified in the Zoning Ordinance as storage, which is a by-right permitted use in the 1-1 Light Industrial District. • Access to the self-storage facility for lessees and account holders of the storage units will be 24 hours a day, seven days per week. Access will be controlled with an approximate number of four to eight employees anticipated to be on site. • The conceptual Landscape Plan depicts the required street frontage, building foundation, and interior parking lot plantings. The conceptual Landscape Plan appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during final site plan review. • As depicted on the conceptual Landscape Plan, an eight-foot-tall composite or vinyl privacy fence with a 10-foot-tall security gate is proposed in the rear of the parking area to screen the loading and unloading area from view of the public right-of-way. For the proposed security gate, a Knox system and a failsafe operation shall be provided for electrically operated gates in the event of power failure, as required for fire department access. More detailed comments from the Fire Marshal's Office will be provided during final site plan review. • 14 parking spaces are provided. Per the Zoning Ordinance, one space per employee on a working shift is required for a Mini-Warehouse facility. The parking requirement is met and exceeded by six spaces. • The site is located in the greater than 75 dB DNL and Accident Potential Zone—2 (APZ-2) of the Air Installations Compatible Use Zones (AICUZ) and is encumbered by a Navy Restrictive Easement that limits use of the property to those considered compatible with Naval flight operations. Earthscapes Enterprises, LLC Agenda Item 10 Page 2 i I 'I n - --�--- PRKIBgN DR 1 Zoning History # Request sz 1 CUP(Bulk Storage Yard)Approved 12/06/2022 CUP(Bulk Storage and Building Contractor's Yard) Approved 11/13/1978 i� QUALM CT 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 STIR—Short Term Rental Evaluation : Recommendation In Staff's opinion,this request to conditionally rezone the 1.46-acre to Conditional 1-1 Light Industrial District to construct a Mini-Warehouse is acceptable. The property is located within the greater than 75 dB DNL noise zone and the APZ-2 surrounding NAS Oceana.The property is also encumbered by a restrictive easement owned by the United States Navy that limits the use and development of the site.The property is also identified in the Comprehensive Plan as being within the Special Economic Growth Area (SEGA) 2-West Oceana. SEGAs are viewed as special areas with significant economic value and growth potential.The Comprehensive Plan supports development of this area consistent with the City's AICUZ Ordinance and the City's economic growth strategy, as preferred uses in the higher noise zones and the accident potential zones tend to be industrial in nature. The proposed self-storage facility is consistent with the Comprehensive Plan's land use policies for this area,as the majority of the land in the vicinity is zoned for commercial and industrial uses and those uses that are compatible with Naval flight operations. In Staffs view,the proposed use is compatible with the other industrial uses located within the London Bridge Industrial Park, is deemed a compatible use in the APZ-2 noise zone, and is a low intensity use appropriate for the site. It is the opinion of Staff that the traffic generated by the Mini-Warehouse will result in a total of 155 average daily trips, which is lower than anticipated traffic volumes for other commercial uses permitted by-right in the B-2 Community Business Zoning District. The site is located in the Chesapeake Bay watershed.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 will take place during the site plan review process 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. Based on these considerations, Staff recommends approval of these applications,subject to the proffers listed below. Earthscapes Enterprises, LLC Agenda Item 10 Page 3 i 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: When the Property is developed,the vehicular access, landscaping, building locations and setbacks shall be substantially as depicted and described on the exhibits entitled, "PRELIMINARY LAYOUT FOR LANDSCAPE CONTRACTOR BUILDING AND SELF STORAGE FACILITY VIRGINIA BEACH,VIRGINIA",dated 4-11-2022, prepared by SIA(Sheet 1 of 1),and "Landscape Design Earthscapes Office with Bulk Storage Yard (Parcel A-3)and SELF STORAGE (Parcel A-2),Virginia Beach, VA", dated April 4,2024, prepared by Earthscapes Lawn and Land Service,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Concept Plans"),which are incorporated herein by reference. Proffer 2: When the Property is developed,the buildings depicted on the Concept Plans shall have the architectural design, appearance exterior building materials, height and signage substantially as depicted and described on the elevations and renderings labeled "NEW STORAGE FACILITY FOR ECO STORAGE, LONDON BRIDGE ROAD,VIRGINIA BEACH,VIRGINIA", Sheets A2.0,A2.1 and A2.2 dated 6-29-2022, prepared by Covington Hendrix Anderson Architects,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter the"Elevations") and are incorporated herein by reference. Proffer 3: The storage units shall be used for the storage of goods and items of personal property. As precluded by law,the storage of explosives, petrochemicals, petroleum and petroleum related products shall not be permitted. Proffer 4: The storage units shall not be used for office purposes,as a residence,as a meeting place for activity,or any other purpose which is not consistent with the storage of goods and items of personal property. Proffer 5: This Conditional Rezoning and the Proffers set forth herein shall supersede any conditions contained in any prior Conditional Use Permit which may have been granted upon the subject property. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments:Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations This site is located within Special Economic Growth Area (SEGA)2 -West Oceana. SEGAs are viewed as special areas with significant economic value growth potential,with primary consideration being adjacent to NAS Oceana or within the Earthscapes Enterprises, LLC Agenda Item 10 Page 4 Interfacility Traffic Area high noise overflight zone. It is recommended that all new or improved development proposals adhere to the City's AICUZ provisions. ResourcesNatural & Cultural . . The site is located in the Chesapeake Bay watershed.There are no known significant cultural resources associated with this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use(vacant 1.46-acre property)-0 ADT Precision Drive No Data Available 9,900 ADT 1(LOS°"D") Existing Zoning Z—515 ADT Proposed Land Use 3-155 ADT 3 Average Daily Trips z as defined by a 1.46- 3 as defined by a Mini-Warehouse 4 LOS=Level of Service acre B-2 zoned&1-1 facility zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Precision Drive is an undivided two-lane local industrial street. It is not shown on the MTP Map. No CIP projects are planned for this section of Precision Drive. ImpactsPublic Utility Water The site is currently connected to City water.There is an existing eight-inch City water main along Precision Drive.The site must connect to City water. Sewer The site is currently connected to City sanitary sewer.There is an existing eight-inch City sanitary sewer gravity main along Precision Drive.The site must connect to City sanitary sewer. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13,2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24,2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6,2024. Earthscapes Enterprises, LLC Agenda Item 10 Page 5 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25,2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24,2024. • 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 July 5,2024. Earthscapes Enterprises, LLC Agenda Item 10 Page 6 Proposed RezoningExhibit H. i it li (X lief t(S�i' �.� .g4}r all fN afd�-•' s` V a \ i a ,S♦ _ _. ; S k� t , a a .. f j X . rt . . 1 ' . Ila • i � e P M67 i k P N O =t :a cif CL 0 t"1 d W1�y y + Earthscapes Enterprises, LLC Agenda Item 10 Page 7 Proposed Conceptual Landscape Plan ! n i ----- - -- -------—-------- ------------------------ -- ---- �I �#E4 B C I N f M L Lh e m' o, aYNM vG IL •EJ W a i x u ggC ^j Earthsr_apes Enterprises, LLC Agenda Item 10 Page 8 iiaw.ae _ E f I ELEVATION o%FFl 1, F Q 2 7RlNN 0"12CNWNIN (� O> c o m �..,µ.0 a•�L Ao .GLEF7 SICE_l_:'PT ON E AAML m 70 (D fY.iG41.i Y8 (A D m Oa rt fD — n � sv o N A2.0 - � � r F r t.0 0 n OZ a9ed OZ wall epuaOV Dll 'sasudaalu3 sadeDsy}ae3 ' J Tit�lH � r i f I - I " -- — I t( s it. i Pik o t �k Z D - NEW STORAGE FACIt ITY FOR '' sf ECO STORAGE s c LONDON BRIDGE ROAD. VIRGINIA BEACH,VA SU01jeAa13 SuippgpasodOJd Proposed Building Renderings VA'NJV U VINIJBIA 'UVUM J Ki&WC CIIO t 4 90b�O1S ODA L� 9 le N fV NOi A II'I.')V4 40 W10t3 M3N �. Q �c a re•[b 1 I i I I 1 1 t I Earthscapes Enterprises, LLC Agenda Item 10 Page 11 Site Photos !k u Earthscapes Enterprises, LLC Agenda Item 10 Page 12 'Y a Site Photos Earthscapes Enterprises, LLC Agenda Item 10 Page 13 Disclosure Disclosure Statement , Planning&Cammuri ' Develop 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 Earthscapes Enterprises,LLC,a Virginia limited liability company 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) Manager:EE Management Group,LLC,Edward C.White,III,Manager;Benjamin Hewlett,Member;Evan Eldredge,Member; Joshua Eldredge,Member • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity:relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(1)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. r:evr>eti 11.tiS-�tT rr 1 Earthscapes Enterprises, LLC Agenda Item 10 Page 14 Disclosure Disclosure Statement CUy afVvpvia.Be,vli Planning&Community Developm Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®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? R Yes ❑No • If yes,identify the financial institutions providing the service. Atlantic Union Bank 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?®Yes ❑No • If yes,identify the firm and individual providing the service. Jonathan Covington,Covington,Hendrix Anderson Architects;Mark Pierce,EarthScape Lawn&Land Service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. 21 Earthscapes Enterprises, LLC Agenda Item 10 Page 15 Disclosure i Imo' ! t 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No If yes,identify the company and Individual providing the service. Scott Taylor,Taylor Construction 7. Does the applicant have an engineer/surveyor/agent In connection with,the subject of the application or any business operating or to be operated on the property?®Yes C)No a Ir yes,identify the firm and individual providing the service. SIA 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?9 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.priorto the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application, t� �t Applicant Signature Edward C.White,lit,Manager of EE Management Group,LLC,Manager of Earthscapes Enterprises,LLC Print Name and Title ny /qP2 Date ISdw applicant also the own•r•of the subject property? R Yes ❑No • . If yes,you do not need to fill out the owner disclosure statement. that pertains to ns 57 FEE-' • .Dxe 5/19/2024 Siynatwa /i: .y Print Nome Marchelle L. Coleman Revised 11.0,2020 crg�a��t f a$ 3( P a g e Earthscapes Enterprises, LLC Agenda Item 10 Page 16 Next Steps I • 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 757-385-5692. • 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. Earthscapes Enterprises, LLC Agenda Item 10 Page 17 -------Precision Wiv_e��______ c 12 � , Q B2 ° 1 03 Quality Court , o; N ® Site Property Polygons Earthscapes Enterprises, LLC W E Zoning Parcel between 619 & 623 London Bridge Road S Building Feet 0 30 60 120 180 240 300 360 EARTHSCAPES ENTERPRISES, 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 41h day of April, 2024, by and between EARTHSCAPES ENTERPRISES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of a certain piece or parcel of land located in District 3 of the City of Virginia Beach, containing 1.469 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Commercial and I-2 Industrial Districts to Conditional I- 1 Industrial District; 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 Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, 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 resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1496-97-0566-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road,Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its 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 declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed, the vehicular access, landscaping, building locations and setbacks shall be substantially as depicted and described on the exhibits entitled, "PRELIMINARY LAYOUT FOR LANDSCAPE CONTRACTOR BUILDING AND SELF STORAGE FACILITY VIRGINIA BEACH, VIRGINIA", dated 4-11-2022, prepared by SIA (Sheet 1 of 1), and "Landscape Design Earthscapes Office with Bulk Storage Yard (Parcel A-3) and SELF STORAGE (Parcel A-2), Virginia Beach, VA", dated April 4, 2024, prepared by Earthscapes Lawn and Land Service, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"), which are incorporated herein by reference. 2. When the Property is developed,the buildings depicted on the Concept Plans shall have the architectural design, appearance exterior building materials, height and signage substantially as depicted and described on the elevations and renderings labeled "NEW STORAGE FACILITY FOR ECO STORAGE, LONDON BRIDGE ROAD,VIRGINIA BEACH,VIRGINIA", Sheets A2.0, A2.1 and A2.2 dated 6-29-2022, prepared by Covington Hendrix Anderson Architects,which have been exhibited to the Virginia Beach City Council and are on file with the 2 Virginia Beach Department of Planning (hereinafter the "Elevations") and are incorporated herein by reference. 3. The storage units shall be used for the storage of goods and items of personal property. As precluded by law, the storage of explosives, petrochemicals, petroleum and petroleum related products shall not be permitted. 4. The storage units shall not be used for office purposes,as a residence,as a meeting place for activity, or any other purpose which is not consistent with the storage of goods and items of personal property. 5. This Conditional Rezoning and the Proffers set forth herein shall supersede any conditions contained in any prior Conditional Use Permit which may have been granted upon the subject property. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 Business, I-1 Industrial and I-1 Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered 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 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 3 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: Earthscapes Enterprises, LLC, a Virginia limited liability company By: EE Management Group, LLC, a Virginia limited liability company,its Manager By: E-cZLA,1�= (SEAL) Edward C.White, III, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 81h day of April, 2024, by Edward C.White,III,Manager of EE Management Group,LLC,a Virginia limited liability company, Manager of Earthscapes Enterprises, LLC, a Virginia limited liability company, Grantor. 2 01 "_rr, 1121118 Notary Public %ttS1 A %�sa My Commission Expires: August 31, 2026 ��.` Q', GOMiy�-% , 2 t �`tS;C' m Notary Registration Number: 192628 0 10 ,n •�'�.,;�e�IC 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, situated in the City of Virginia Beach, Virginia, designated as "PARCEL A-2", on that certain plat entitled "SUBDIVISION OF PARCEL A RESUBDIVISION PLAT OF THE PROPERTY OF LONDON BRIDGE INDUSTRIAL PARK II AND VALIANOS DEVELOPMENT COMPANY (M.B. 201,PG. 37&38) VIRGINIA BEACH,VIRGINIA",dated January 19, 2023, prepared by TIM FALLON LAND SURVEYING, PLLC, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 202307000028. GPIN: 1496-97-0566-0000 W\AM\Conditional Rezoning\—Earthscapes Enterprises\ProfferAgreement.docx 6 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 10 Earthscapes Enterprises, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: And we have a record on file. Thank you very much. A letter. Okay. Our next item, Item #10, Earthscapes Enterprises. Mr. Bourdon: Again, Eddie Bourdon, Virginia Beach Attorney, representing Earthscapes Enterprises, LLC. Proffered rezoning, part of a B-2, most of it B-2 to 1-1, which is in keeping with what we should be doing out there, and greatly appreciate staffs assistance, Marshall especially, in working through some of the issues involving this piece of property. Appreciate being on the consent agenda. Thank you. Ms. Cuellar: Thank you. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Anderson to read this item into the record. Mr. Anderson: Thank you. The applicant is requesting to rezone 1.46-acre parcel from B-2 Community Business District to 1-1 light industrial district conditional, 1-1 to light industrial to London Bridge Industrial Park west of Naval Air Station Oceana. They proposed to construct a three-story climate-controlled cell storage facility with a building footprint of 35,600 square feet, and a total area of 106,800 square feet. We have not heard any opposition, so we put it on a consent. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE %i1 f1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHARLOTTE NECIUK [Applicant] MICHAEL & CHARLOTTE NECIUK [Property Owners] Conditional Use Permit(Home Occupation — Commercial Kitchen) for the property located at 2733 Pleasant Acres Drive (GPIN 1494566908). COUNCIL DISTRICT 2 (Henley) MEETING DATE: July 9, 2024 ■ Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a commercial kitchen in an approximately 170-square-foot area in her home in the Christopher Farms Neighborhood. The applicant intends to produce baby food for sale off site; no customers will come to the property to purchase or pick up products. The applicant and her husband will be the sole operators of the kitchen; no other employees are proposed. ■ Considerations: The proposed Home Occupation will not change the character of the neighborhood and will not adversely affect adjacent properties as it is a very low-intensity use. All business activities will occur indoors and will be undetectable by passersby and immediate neighbors. As no on-site sales will occur, no adverse traffic impacts are anticipated. The applicant has notified the community's HOA president and adjacent owners of their request; no objections have been raised. Five letters of support from adjacent neighbors have been provided for 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 2. There shall be no retail sales of any products or merchandise to the general public from the site. 3. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or Charlotte Neciuk Page 2 of 2 more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 170 square foot room within the single-family dwelling on the property. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (5) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager Applicant Charlotte •. Item Property • Planning Commission • 2024 CouncilCity Virginia Beach Request Conditional Use Permit (Home Occupation— Commercial Kitchen) Staff Recommendation Approval Staff Planner Marchelle Coleman h� Location 2733 Pleasant Acres Drive °O GPIN 1494566908 Site Size 10,022 square feet t F • AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential SurroundingLand Uses and Zoning Districts / { g North ' BMP/R-7.5 Residential South 41 Pleasant Acres Drive Single-family dwelling/ R-7.5 Residential East 9, Single-family dwelling/ R-7.5 Residential � o West Single-family dwelling/ R-7.5 Residential Charlotte Neciuk Agenda Item 11 Page 1 Background Summaryof Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation to operate a commercial kitchen within a single-family dwelling on an R-7.5 Residential District zoned parcel in the Christopher Farms neighborhood. • The commercial kitchen will be approximately 170 square feet and will include four sinks, a sous vide machine, refrigerator,freezer,and prepping stations for the production of baby food. • It is anticipated that no customers will be coming to the site to purchase products, as all products will be sold off site. No signs or advertisements are proposed for the property. • The applicant and her husband will be the sole operators of the kitchen. No other employees are proposed. R7 5 R7. No Zoning History to Report AGt to', 01 R7.5 FRI 1 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—Alternative Compliance STR—Short Term Rental EvaluationRecommendation In Staff's opinion,the applicant's request for a Conditional Use Permit to add a commercial kitchen in the single-family dwelling is acceptable.The proposed use is located in the Suburban Area of the city as defined by the Comprehensive Plan.This use will not change the character of the neighborhood and will not adversely affect the surrounding properties,as it is a very low intensity use.All activities of this business will occur indoors and will be undetectable by pedestrians and immediate neighbors, as no on-site sales will occur at the residence. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance,20 percent equates to 657 square feet,thus the 170 square foot commercial kitchen within the home will be below the maximum allowed.As mentioned previously, no on-site sale of the products will occur at the residence. A condition is recommended below to ensure this. If the applicant proposes to expand services offered, a modification of this Conditional Use Permit will be required. The applicant has notified the community's HOA president and the adjacent neighbors of this request,and no objections were raised.The applicant has provided five letters of support from neighbors in the vicinity. Charlotte Neciuk Agenda Item 11 Page 2 Based on the considerations above,Staff finds that the proposed use meets the requirements for a Home Occupation as stated in Section 234 of the Zoning Ordinance.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 2. There shall be no retail sales of any products or merchandise to the general public from the site. 3. The use shall not create noise, dust,vibration, smell,glare, electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. No more than twenty(20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 170 square foot room within the single-family dwelling on the property. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of 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 neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future.Overall,the proposal is consistent with the Comprehensive Plan's recommendations for this area. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. Charlotte Neciuk Agenda Item 11 Page 3 Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Pleasant Acres Drive No Data Available' 9,900 ADT 1(LOS°"D") Existing Land Use Z-10 ADT Proposed Land Use 3-10 ADT 'Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family 4 LOS=Level of Service dwelling dwelling with an in-home business Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pleasant Acres Drive, in the vicinity of this site, is a two-lane local street.There are currently no CIP projects scheduled for this segment of Pleasant Acres Drive. Public Utility Impacts Water There is an existing eight-inch City water main along Pleasant Acres Drive. The site is already connected to City water. The existing 5/8-inch meter may be used or upgraded to accommodate the proposed use. Sewer There is an existing eight-inch City sanitary sewer gravity main along Pleasant Acres Drive.The site is already connected to City sanitary sewer. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Five 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 May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5,2024. Charlotte Neciuk Agenda Item 11 Page 4 Site Layout 1 PARCEL C (IMPOUNDMENT EASEMENT) ` CHRISTOPHER FARMS � .e PIIASE 3,SECTION 1 (M R 241 I',02-86) 27 fre tnanro ` 10 7 1 I Sao-, an F T�, ©.Tout �` CHRISTOPHER FARMS I 1'NAS6 3,.fRCrtON 2 — .__ �� _. 1 =-o• 1 (M.6.244 Pb0.62) � I 110 Y I 10,017 SF 0 2300 AG' 111 iswo <. I 109 2-Story i -a.4�-i Single Family Dwelling 31287 SF 170SF I Z IC, i Proposed I- i I Work area 33.V viva ono t•t cm pin F N"'30'34`W 60,OD 8.B 261.f 1' Momingwwood C0 r1 PLEASANT ACRES DRIVE SO•public nght-of-Way Charlotte Neciuk Agenda Item 11 Page 5 Proposed Floor Plan — SYotA6t fN6Gt< REFRKERA7o/l $INK st"K pRoc.EsslaG A.•►E1. FItE6tEl� 6lNK PILEF AREA Sous VLve HAL RIOV 8 PROLSSSIN4 AREA HAMO WAsMir4& MEN AwEA SINK PIIEPkR�k PACACAWN& Ag.CA STORAGE S1dELF •NOT Yo CCALri Charlotte Neciuk Agenda Item 11 Page 6 Site Photos .�♦♦ h A Ci 1l � .41"`�.- •y gyp... ,I J c• - �ar Qt Disclosure m . "Disclosure Statement e Phi nning&corfulltuii: 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 11 Applicant Name Ch4(tok k)C�Ulrl Does the applicant have a representative? ❑Yes (9 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes M 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 entW 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,(n)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 of assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 Pig e Charlotte Neciuk Agenda Item 11 Page 8 Disclosure ra;, "41 F isclosure Statement mob13rrrdu:,m ent Known Interest bv_Public Official or Employee Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action?❑Yes 19 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 5?No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reaitor for current and anticipated future sales of the subject property? ❑Yes b? 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 X 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 54 No • If yes,identify the purchaser and purchaser's service providers. Revise 11.09.2020 2 Page Charlotte Neciuk Agenda Item 11 Page 9 Disclosure Statement isc osuro Statement x } y s�T_ „yfy fit, lit)ing& — 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?15Z Yes ❑No • If yes,Identify the company and individual providing the service. �'Ac t'r dock CalliflY Pfe�idQn1 ero.kont- 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 ENO • 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 — Duoner,&&r(oh NeuJk Print Name and Title o9/04/9,024 Dale Is the applicant also the owner of the subject property? 19 Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. VMM •' • f t ® No changes as of Date 6/18/2024 51�n•tue -.- Prim Name __ �Marchelle L.-Coleman--- -� - - --- Revised 1i.09.2020 3 l P a g e Charlotte Neciuk Agenda Item 11 Page 10 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 757-385-5692. • 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. Charlotte Neciuk Agenda Item 11 Page 11 -0 L---� R10 � _ _ _ . Farmingdale Circle M ° R R7.5 T.5 o ID _ A r R7..5 C2 ,c L AG 1 � o o 01R7.5 R�10 R7 5 \� N Site w � c Property Polygons Charlotte Neciuk Zoning 2733 Pleasant Acres Drive s Building Feet 0 30 60 120 180 240 300 360 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 11 Charlotte Neciuk RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item #11, Charlotte Neciuk. Is there a representative here? Ms. Neciuk: Hi, my name is Charlotte Neciuk, representing myself. I've read all the recommendations from the staff and I accept all of them. It's to make baby food in my home, so. Ms. Cuellar: Yeah, thank you very much. Ms. Neciuk: I do want to take the time to thank Marchelle, who's been incredible throughout this whole process and made it very easy for me. Ms. Cuellar: Oh, we're so delighted to hear that. Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Cromwell to read this item into the record. Mr. Cromwell: The applicant is requesting a conditional use permit for a home occupation to operate a commercial kitchen within a single-family dwelling on an R7.5 residential district zone parcel in the Christopher Farms neighborhood. It is anticipated that no customers will be coming to the site to purchase products as all products will be sold off site, no signs or advertisements are proposed for the property. We have five letters of approval and no opposition. So, the commission moves to approve this application. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE }so f to CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAFLEUR PROPERTIES, LLC [Applicant& Property Owner] Conditional Use Permit (Truck & Trailer Rentals) for the property located at 440 S Lynnhaven Road (GPIN 1496198422). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: July 9, 2024 ■ Background: The applicant is requesting a Conditional Use Permit for Truck & Trailer Rentals to rent U-Haul trucks and trailers at the Automobile Repair Garage he has operated at 440 S Lynnhaven Road since 1995. The applicant became aware of the need for a Conditional Use Permit for this use upon receiving a Notice of Violation and promptly submitted an application. The applicant proposes to have no more than 3 trucks or trailers on site at any time to be available for rent. The truck and trailer rental operations will occur during the repair garage's stated hours of operation and will be limited to between 8:30 a.m. to 5:30 p.m., Monday through Friday only. Sufficient parking will be available on site even after the dedication of 3 spaces for use as the Truck & Trailer Rentals display area. The applicant proposes no alterations to their building or site and is requesting a deviation to the 12% display area landscaping requirements for Truck & Trailer Rentals. ■ Considerations: This property is located in the Suburban Area and is in the greater than 75 dB DNL noise zone of the AICUZ, in which residential uses are considered incompatible. This property has been used continuously since 1963 for automotive repair and service and predates an adjacent apartment development. The addition of truck and trailer rental operations will have a relatively low impact on the current use of the site. There will be no substantial change to the character, activity, or overall use of the property and this corridor. The requested deviation to the display area landscaping requirements is acceptable as the property has sufficient screening and buffering from the adjacent residential use; as much of the usable area of the property is already hardscaped; and as the applicant proposes no changes to the site or the building. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. LaFleur Properties, LLC Page 2of2 1. No more than three (3) trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. 2. Trucks and trailers for rent shall only be displayed in the display area as identified on the Concept Plan. 3. No vehicle, including trailers, shall be parked, loaded, or unloaded within any portion of the public right-of-way. 4. No more than three (3) trucks or trailers for rent shall be located on the site at any one time. 5. Hours of operation for truck and trailer rentals (i.e., rental vehicle pick up and drop off) shall be from 8:30 a.m. to 5:30 p.m., Monday through Friday. No rental operations shall occur on Saturdays or Sundays. 6. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. Sale of vehicles shall not be permitted on the site. 8. Display Area landscaping shall not be required. This is a deviation from 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: *�11 Applicant& Property owner LaFleur Properties, LLC Agenda Item Planning Commission Public1 )B � City C• District 3 13 (City u/ Virginia Beach Request Conditional Use Permit(Truck&Trailer Rentals) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 440 S Lynnhaven Road GPIN { 1496198422 Site Size 27,672 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Automobile Repair Garage/B-2 Community Business Surrounding Land Uses and Zoning Districts North Apartments/A-18 Apartment South 2 l � Bingo hall/B-1 Neighborhood Business ?� East y �, Bingo hall, apartments/B-1 Neighborhood �rtd, Business,A-18 Apartment West S Lynnhaven Road Office park/B-2 Community Business LaFleur Properties, Inc. Agenda Item 13 Page 1 BackgroundSummaryofProposal • The applicant is requesting a Conditional Use Permit for Truck&Trailer Rentals in order to rent U-Haul vehicles at their automobile repair garage at 440 S Lynnhaven Road. The applicant has rented U-Haul vehicles from their site in the past and submitted an application for a Conditional Use Permit upon receiving a notice of zoning violation. • The property is zoned B-2 Community Business and the applicant has operated an automobile repair garage here since 1995. Prior to the applicant's use of the property, it was previously used for automotive repair and as an automobile service station.The proposed truck and trailer rentals would be an ancillary service provided at the applicant's business. • Per Section 242.2(b), no more than three trucks or trailers for rent shall be displayed on site.The applicant's request is limited to the dedication of three parking spaces on the property for a display area for U-Haul trucks and trailers, as no more than three trucks,trailers,or other rental equipment would be located on site. • Hours of operation for the truck and trailer operations are proposed to be between 8:30 a.m. and 5:00 p.m., Monday through Friday only.The facility will be closed on weekends.The current hours of operation for the automotive repair facility are between 8:00 a.m. and 6:00 p.m., Monday through Friday.The hours of operation for the Automobile Repair Garage will remain the same with this application. • The applicant proposes no alterations to the site or the existing building as part of this application. • The current business employs six people. No additional employees are anticipated with the addition of truck and trailer rentals. • Per Section 203(a)(16), one parking space per every 900 square feet of floor area is required for automobile repair garages.The building on site is approximately 3,175 square feet and requires four parking spaces.The site currently has 17 parking spaces,thereby exceeding the parking requirements. • The property is located in the greater than 75 dB DNL noise level,the highest noise level in the AICUZ.The proposed use is compatible within this noise zone. • Per Section 242.2,trucks and trailers for rental shall be displayed in a designated display area, which are required to meet interior landscape coverage requirements set forth in the landscape screening and buffering requirements of the Zoning Ordinance. The applicant is requesting a deviation to the requirement that 12%of display area for truck and trailer rentals be landscaped as the applicant intends to make no changes to the site and existing hardscaping makes installing plants difficult. LaFleur Properties, Inc. Agenda Item 13 Page 2 MW � t f Zoning Histo '• 1 CUP(Automobile Service Station)Approved 10/06/2015 CUP(Gas Station with Convenience Store)Approved q 02/21/1985 2 CUP(Automobile Repair Establishment)Approved 02/08/1995 e, R2 5 / Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation • • • In Staff's opinion,this request for a Conditional Use Permit for Truck and Trailer Rentals is acceptable.While this property is located in the area defined in the Comprehensive Plan as the Suburban Area, it is also located in the greater than 75 dB DNL noise zone of the AICUZ,which limits uses of this property. Recommendations for non-residential uses in the Suburban Area emphasize compatible and supportive non-residential uses.This property has been used continuously since 1963 for automotive service and repair and predates the residential development immediately adjacent to it.The proposed truck and trailer rental operations at this site will be strictly accessory to the long-time local automotive repair garage,which has rented vehicles here for several years without a proper permit. Given the historical use of the property, it is Staffs opinion that the addition of Truck and Trailer Rentals will have no substantial change to the character, activity,or overall use of this property. The applicant's request limits the number of vehicles for rental to a maximum of three and limits the hours of operation for the rentals to typical business hours during the week. While the property has sufficient parking,the layout of the site makes it difficult to maneuver large trucks and trailers, especially when inexperienced,thus staff finds the limitation of the number of rental vehicles that may be on site at any one time to be reasonable. 12%of display areas are required to be landscaped according to Section 5A.4 of the Site Plan Ordinance.The applicant is requesting a deviation to this requirement as it would negatively affect their parking lot layout and the required display area would only be 57 square feet. Staff finds this to be a reasonable request given the relatively small amount of landscaping that would be gained and as the site is adequately screened from the adjacent apartment buildings through existing landscape buffers and fencing. No trip generation data exists for truck and trailer rental facilities. Estimated average daily number of trips (ADT),as cited below in this staff report,for a B-2 Community Business parcel of this size can generate up to 350 ADT.The current use, however,generates an estimated 50 ADT and Staff does not anticipate that the addition of limited truck and trailer rentals will significantly increase traffic to and from this site on a daily basis. Staff recommends approval of this request subject to the conditions and exhibits included in the staff report. LaFleur Properties, Inc. Agenda Item 13 Page 3 Recommended Conditions 1. No more than three(3)trucks and trailers for rent shall be displayed in the display area as identified on the Concept Plan. 2. Trucks and trailers for rent shall only be displayed in the display area as identified on the Concept Plan. 3. No vehicle, including trailers, shall be parked, loaded,or unloaded within any portion of the public right-of-way. 4. No more than three(3)trucks or trailers for rent shall be located on the site at any one time. 5. Hours of operation for truck and trailer rentals (i.e., rental vehicle pick up and drop off)shall be from 8:30 a.m.to 5:30 p.m., Monday through Friday. No rental operations shall occur on Saturdays or Sundays. 6. No neon lighting visible from the rights-of-way and from any adjoining property shall be permitted to be placed on the Property.All on-site signage shall meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 7. Sale of vehicles shall not be permitted on the site. 8. Display Area landscaping shall not be required. This is a deviation from the Zoning Ordinance. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods,which seeks compatible non-residential uses to maintain and create neighborhood stability. Proper screening is needed for commercial services adjoining a residential area,such as the existing landscape screening between the applicant's site and the apartments to the north. The proposed use is compatible with current site operations and is strictly limited. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed. It is located outside of the Resource Protection Area and no site improvements are proposed. No historical or cultural resources will be affected by this proposal. LaFleur Properties, Inc. Agenda Item 13 Page 4 Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic S Lynnhaven Road 10,900 ADT' 31,1000 ADT'(LOS""D") Existing Land Use 2—50 ADT Proposed Land Use 3—350 ADT 'Average Daily Trips z as defined by a 3,000 square- 3 No information available in the 4 LOS=Level of Service foot automobile repair garage ITE Trip Generation Manual for truck and trailer rental facilities. ADT is calculated as defined by 2.9 acres of B-2 zoning. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) S Lynnhaven Road is a four-lane minor urban arterial roadway along the east side of this stie.The are no CIP roadway projects planned for this portion of S Lynnhaven Road. Active Transportation Plan The Active Transportation Plan recommends an eight-foot-wide side path facility in this corridor of S Lynnhaven Road. There is an existing side path facility north of this property on S Lynnhaven Road;the plan calls for an extension through this corridor. ImpactsPublic Utility This site currently connects to City sewer and water. OutreachPublic Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. LaFleur Properties, Inc. Agenda Item 13 Page 5 Ix6 5 la CfRil]r IpAi I,al IFF14•NY]!,7J19,99MIwa 99 pRapNN 3]°EAI In M°RA'wu Txn M AID-E-K.S M 1 NLLLS Cf i44 Bl1A9F5 MR R SMw W rN5.IM1r IV[gy1kM TM J i S'114T.,Y AN9M TY MEdptaN ��AU ixQt ANE w6 WjBL[SWAypwplt5 a OAISA FS CA Sj 3'If A3tpKAlr F9[!'W A5 SNLM A U." Lsm r OR Fall" �.W s.Tp•wVnA lL[ 3w4m) (WJ.is.PC 53) IA:nne-n-nSA rate m e S rypE•1E'�iS1.M '�� SGf,kT5 we•a It74ER,r �S. LAP{ECR PROPERM,IJ.0 Ln � ;nsrA pws,m35rc61ee� ' VEQEKfl A."WON.A�Ean(YA4A1 � 9mlla a• Tw:.9p'.9 N7] rf U rn .r °Wnt•6 'E]6 0E5A HFO LyS vfin s p 4615 AC ratR9 xn. n ttlrirt I, �A 1aKE A+e Y> rml R • r Pw ua as ns rrA _•_ �asww� • o • � •� i°w.lc va au .i•I rrI 55 �Y pm aL rcmrtpli M•' // I stun wa a doa aw.e l � IEW ONr nWFA•pIl° � n9uv • ".3.EM•IA5{p,LLE )•Anxv) • t1` r 1b RmrN6-li0.'� or QD AnwMT / a �% AAwA CAs«a•awpa-� A4ATA,�nln�-:� � p IL wn SOUTH LYNNH.AN•EN ROAD (YAwN+•1:n1 war a wAY AwrsA'x SLIMY #440 S. LYNNHAYEN ROAD (wsm moos+co3o ee]Ee) waits pAn.0 ELAa,vAVAA r rWpv WAawL use a w,w IN9AA•a Ar AIVI R sp+^.m•EWlww. sTATiS11Cs :� AnDWSS Nw mUrM ErMAL£W ROAD LAFLEUR PROPERTIES Ilk f— STE U'RAM-A5-". l[GI�AT NtE s.IMWAt+I A1AE.ARWA OErKN. 1 fl7 9A-—.1-ts-91. �4'1496'_Atl!-,NE VROxREC$,i--C T )TOR 1 t ONYT]wls w W t As AN a M+LaQf IIAEWAAq paw Alps CPM't6%-+9-d422 fal M 01r a MOwA R'1Ww.19.PMII IOW.O'•LEMr 4 5+5731 QArEti 20A 82 r-ra-a Irp CRAG R. DAVENPORT. L3. S M9 RAt 45 Pp(nAAfa nMa:i p•1(WAI'a A M1'If wNaT Aw] (pISTlA4 PARW19C SPANS: 17 A]E XANKAR E211 LM].MA{ ,2 NYONIA�A61 N6351A]!LIE"r' 'NE9Ef:t WAY NOT 9'"A IMI EAWW-Wrs a ff5Vr*0%MAT WAY rr5])35t-"13 D tl)CLt of 9Na19r As WACrQ CD � O 7Am] +AA—c SCALE.1'-1[ Q _0 SIY:r`a- A M � (� Ln (D O) W n Site Photos w. S : Site Photos as t•. r i m r; z Disclosure Disclosure Statement Punning&CMIinunity eloprum t 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 cf Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure i Applicant Name 10 LaFleur raic pE t o Es _ L_L t LLG Does the applicant have a representative?OYes ®No • ist the name of the representative. 'ter jF7- LA C=LIFLll Is the app@cant a corporation,partnership,firm,business,trust or an unincorporated business?IE Yes ❑No < If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Lee LaFleur,and Susan LaFleur < If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the applicant. (Attad1 a list if necessary) LaFleur Properties-440 S Lynnhaven rd is the only property owned by the 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. r"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,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. Aeviserl 11.09.2070 1 LaFleur Properties, Inc. Agenda Item 13 Page 9 Disclosure s # CDtIJ_ a w,. P.I::A s�> 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 Service_Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,crosscollateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? O Yes K No • r yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reaitor for current and anticipated future sales of the subject property? ❑Yes E No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property;Ik Yes ❑No • if yes,Identify the firm and Individual providing the service. My Bookeeper•Karen Johnson https://www.mybookkeeperusa.com/ 4. Does the applicant have services from an archttect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?13 Yes 11 No If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?Q Yes IL No • if Ves,identify the purchaser and purchaser's service providers. Revised J J.09.xD20 2 I LaFleur Properties, Inc. Agenda Item 13 Page 10 Disclosure c-.ya7 if.�tm�ru:l: 6 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 R No I • If yes,identify the company and Individual providing the service. 7. Does the applicant have an engineer/surveyor/agem in connection with the subject of the application or any business operating or to be operated on the property?9 Yes ❑No < If yes,identify the firm and individual providing the service. Craig 6 Davenport,L.S. 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 M 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,CBFA,Wetlands board or any public body or committee in connection with this application. Applicant Signature -"— 1<c-,, �xJY �sr? fS�f?67n/? G�iFdIL f�/ifs LL(` Print Name and Titie, 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. o'a 06/20/2024 "llir""u"' —Elizabeth Nowak Rev sect 17.04.2070 z LaFleur Properties, Inc. Agenda Item 13 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. LaFleur Properties, Inc. Agenda Item 13 Page 12 R7.5 air R7.5 e�5 a O B2 0 0 l 41 o � %c R7N5 R2.5 B1 Qre N ® Site j � Property Polygons LaFleur Properties, LLC W E Zoning 440 S Lynnhaven Road S Building Feet 0 2550 100 150 200 250 300 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 11 Lee LaFleur RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Our next item is Item #13, LaFleur Properties. Mr. LaFleur: Thank you. I'm Lee LaFleur, and I'm representing LaFleur Properties, and I would like to say that Elizabeth Nowak has been nothing but fantastic and wonderful in assisting me in this project, and I greatly appreciate her assistance. Ms. Cuellar: Oh, well, thank you so much for sharing that, and are the conditions acceptable to you? Mr. LaFleur: Absolutely. Ms. Cuellar: Okay, thank you very much. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Anderson to read this item into the record. Mr. Anderson: Okay, the applicant is requesting a Conditional Use Permit for Truck and Trailer Rentals in order to rent U-Haul vehicles at the Automobile Repair Garage at 440 South Lynnhaven Road. The applicant has rented U-Haul vehicles from their site in the past and submitted application for a conditional use permit upon receiving notice of zoning violation. Hearing no objections, we put it on the consent. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VB COMMERCIAL CENTER, LLC [Applicant & Property Owner] Conditional Use Permit(Bulk Storage Yard)for the property located at 4944 Euclid Road (GPIN 1477134310). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: July 9, 2024 ■ Background: The applicant seeks a Conditional Use Permit for the storage of motor vehicles on this 38,00-square-foot parcel. The site has been used as a commercial parking lot since 2016. Two Notices of Violation were issued for this property for storing salvaged vehicles on site without an approved Conditional Use Permit. Following the second notice of violation in June 2023, the applicant submitted an application for a Conditional Use Permit for a Bulk Storage Yard. No buildings or structures are proposed for the site. The property is located within the Central Village District of the Pembroke Strategic Growth Area (SGA), which envisions a transition from present light industrial uses to a mixed-use, medium-scale style of development. The applicant is seeking several deviations including a reduction in the front yard setback from 35-feet to 25-feet, an increase in the fencing height within the front yard setback from 4-feet to 5-feet, a decrease in the minimum fence height for bulk storage yards, specific to the fencing along Euclid Road to allow for a height of 5-feet instead of 6-feet, and allowance to reuse the existing chain link fence with slats along the northwest property line instead of the privacy fencing typically required. Staff is supportive of the requested deviations since the proposed landscaping and fencing reflect a significant improvement over the existing site conditions. ■ Considerations: The property falls within the Central Village District of the Pembroke SGA, which calls for the transition of existing light industrial, auto-centric, and bulk storage uses to a mixed-use area with a people-centric focus. However, the proposed Bulk Storage Yard is similar to how the site has been used for the past eight years and is consistent with general uses in the area. As such, staff considers the proposed Bulk Storage Yard to be appropriate as an interim use and is recommending approval of the request for a period of five years, after which a reassessment will be needed to determine if the storage yard is still acceptable with the character of the surrounding area. VB Commercial Center, LLC Page 2 of 3 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 June 12, 2024, 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 site layout shall be in substantial conformance with the submitted concept plan entitled, "Conditional Use Permit Exhibit — 4944 Euclid Road for VB Commercial Center, LLC" dated May 2, 2024, prepared by WPL, which has been exhibited to City Council and is on file with the Department of Planning and Community Development. These are deviations to Sections 201(e), 228, and 902 of the Zoning Ordinance. 2. Within 60 days of City Council approval of this request, the applicant shall submit a Landscape Plan to the Department of Planning and Community Development for review and approval. Said landscaping and screening shall meet the requirements of Section 228 of the Zoning Ordinance, except with the deviation to allow chain-link fence with slats and height of the fence within the required front yard setback as noted on the concept plan entitled, "Conditional Use Permit Exhibit — 4944 Euclid Road for VB Commercial Center, LLC" dated May 2, 2024, prepared by WPL, which has been exhibited to City Council and is on filed with the Department of Planning and Community Development. 3. If any new lighting is proposed, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. New outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. There shall be no sale, storage or processing of scrap, salvage, junk, toxic or hazardous materials on the premises. 5. There shall be no motor vehicle repair work on-site. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 7. This Conditional Use Permit shall expire after five (5) years from the date of City Council action. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing VB Commercial Center, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: (11�*3 Applicant & PropertyOwner VB Commercial Planning Commission Public1 City • N71 Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation ( a ( o Approval 0. wT 1 y W q VIRGINIA BEACH BLVD u w Staff Planner 3 °� I ! POTOMAC ST x� Z = I1 a Hoa N. Dao/Kaitlen Alcock W � cLEVELANDST �3 z _ �C COLUMBUS ST W IL Location —SOUTHERN BLVD 4944 Euclid Road MANDAN RD " ( CONESTOGA RD G P I N SIP \P 1477134310 r+P°s MPS NPS oa. �� < o'0y �h Q °Nape i W `No 0 h00 Site Size tug �° �e ° AICUZ square feet \\\ { n AICUZ °Fr Y64 •� ' — Less than 65 dB DNL / " °o�O1r CITRINEAV " 264 Watershed v -- - LLB. op 01, --L4RAVERTINEAVE c/90 Chesapeake Bay o BONNE,Y/RD Existing Land Use and Zoning District Vacant lot/ B-2 Community Business Surrounding Land Uses and Zoning Districts North - `•r '� Single-family dwellings/ R-7.5 Residential South . �.+► r Euclid Road Mobile Home Park/A-12 Apartment e �� t ;•, ,_; .�, East Single-family dwellings/ R-7.5 Residential West Office complex/ B-2 Community Business - A b -A , w VB Commercial Center, LLC Agenda Item 7 Page 1 Background SummaryofProposal • The applicant seeks to utilize this 38,000 square feet parcel,zoned B-2 Community Business District,for the storage of motor vehicles,which falls under the classification of a Bulk Storage Yard in the Zoning Ordinance. • The commercial building on this site was demolished in 2009 and the site was utilized as a commercial parking lot since 2016 which is a by-right use on B-2 zoned property. • A Notice of Violation was issued in January of 2022 for operation of a Bulk Storage Yard and storage of salvaged vehicles without a Conditional Use Permit.The applicant rectified the violation by removing all inoperable vehicles from the site, restoring it to a commercial parking lot use. • During a site inspection in June 2023,staff noted that salvaged vehicles were being stored on site and issued a second Notice of Violation for operation of a Bulk Storage Yard without a Conditional Use Permit.The subject application was submitted to rectify the most recent violation. • Distinction between a Bulk Storage Yard vs Commercial Parking Lot: Bulk Storage Yard-A facility for the storage of raw materials,finished goods or vehicles, provided they are in good running order. No sale, storage or processing of scrap, salvage,junk, toxic or hazardous materials is allowed. Commercial Parking Lot-A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which compensation is charged independently of any other use of the premises. • There is no building or structure proposed as a part of this application. • The property falls within the Central Village District of the Pembroke Strategic Growth Area (SGA).The proposed use is not consistent with the Comprehensive Plan recommendation for this area,which envisions more people-centric versus auto-centric development. • With this request,the applicant also seeks deviation to the following requirements: o Section 902—Front Yard Setback:The required front yard setback for B-2 is 35 feet,while the Concept Plan shows a 25-foot front yard setback. o Section 228—Height of Fencing: Bulk Storage Yards are required to be enclosed by a privacy fence of not less than six feet in height.The Concept Plan shows a fence five feet in height along Euclid Road and a portion of the fence to be chain link with slats where the property abuts the back of the adjacent commercial building to the northwest. o Section 201(e)—Height of Fencing Within Required Front Yard Setback: Fencing located within the required front yard setback must not exceed four feet in height. The Concept Plan shows the fence to be five feet in height within the required 35 feet front yard setback. VB Commercial Center, LLC Agenda Item 7 Page 2 82 Zoning History �\ # Request \\ R . \ ^N� 1 CUP(Automobile Repair Garage)Approved 06/19/2018 2 CUP(Indoor Recreational Facility)Approved 01/25/2011 CUP(Religious Use-Expansion)Approved 12/14/1993 4, R7 CUP(Religious Use)Approved 08/28/1993 y Al2 3 CUP(Religious Use)Approved 04/13/2010 ` q 5 y� 4 CUP(Outdoor Recreational Facility)Approved t� 03/28/2006 5 r ''I Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation • • • The site has been used as a commercial parking lot since 2016.The proposed automobile storage yard would operate similarly to how the site has been used for the past eight years;therefore,Staff finds the proposal acceptable. However, the property falls within the Central Village District of the Pembroke SGA,which is envisioned to be an eclectic bohemian neighborhood with a variety of housing typologies and activities,small shops,galleries,and a central park. Since the long-term vision for the SGA is to become more people-centric versus the auto-centric style of development that currently exists,Staff is only supportive of this request as an interim use for a period of five years. Reassessment of the site will need to be completed in five years to determine if the storage yard is still acceptable given the character of the surrounding area. Staff does not anticipate an increase in traffic volume or negative impact to City's infrastructure based on the proposed use.According to the application materials, motor vehicle inventory from car dealerships and fleet vehicles are stored onsite. In Staff's view,the deviation requests to the front yard setback,fencing material and fence height are acceptable.The existing site's condition will be improved with the proposed privacy fence and perimeter landscaping. Based on these considerations, Staff recommends approval of this request as an interim use with the conditions listed below. Recommended Conditions 1. The site layout shall be in substantial conformance with the submitted concept plan entitled, "Conditional Use Permit Exhibit—4944 Euclid Road for VB Commercial Center, LLC" dated May 2, 2024, prepared by WPL,which has been exhibited to City Council and is on file with the Department of Planning and Community Development.These are deviations to Sections 201(e), 228,and 902 of the Zoning Ordinance. 2. Within 60 days of City Council approval of this request,the applicant shall submit a Landscape Plan to the Department of Planning and Community Development for review and approval.Said landscaping and screening shall VB Commercial Center, LLC Agenda Item 7 Page 3 meet the requirements of Section 228 of the Zoning Ordinance,except with the deviation to allow chain-link fence with slats and height of the fence within the required front yard setback as noted on the concept plan entitled, "Conditional Use Permit Exhibit—4944 Euclid Road for VB Commercial Center, LLC dated May 2, 2024, prepared by WPL,which has been exhibited to City Council and is on filed with the Department of Planning and Community Development. 3. If any new lighting is proposed, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended,shall be submitted for review and approval by the Department of Planning and Community Development. New outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 4. There shall be no sale, storage or processing of scrap,salvage,junk,toxic or hazardous materials on the premises. 5. There shall be no motor vehicle repair work on-site. 6. The loading and unloading of vehicles within the rights-of-way shall be prohibited. 7. This Conditional Use Permit shall expire after five(5)years from the date of City Council action. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as within the Central Village District of the Pembroke SGA.The Central Village District is envisioned to be an eclectic bohemian neighborhood with a variety of housing typologies and activities,small shops,galleries, and a central park(p.33, Pembroke SGA Master Plan). SGAs are intended to be people- centric,work towards complete multimodal transportation systems,and shift to denser, infill and redevelopment where necessary. Staff understands that the current development pattern in the Central Village is more autocentric, but the vision laid out in the Pembroke SGA Master Plan envisions this District as a supporting residential and mixed-use area to Town Center. Therefore, Staff recommends that this project is conditioned to be reevaluated after a five-year period as autocentric uses are viewed as interim uses in Central Village District. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.As the site is fully developed with impervious surface,there are no known significant natural or cultural resources associated with the site. VB Commercial Center, LLC Agenda Item 7 Page 4 Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use`—0 ADT Euclid Road 4,880 ADT' 12,500 ADT 1(LOS°"D") Existing Zoning zb—480 ADT Proposed Land Use 3—No Data Available 'Average Daily Trips 2a as defined by a vacant lot 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for 2b as defined by a 38,000 sf vehicle storage yard parcel zoned B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Euclid Road in the vicinity of this application is considered a two-lane undivided minor urban arterial. It is not included on the MTP. Active Transportation Plan The Active Transportation Plan calls for protected bike lanes along this portion of Euclid Road. Protected bike lanes, also known as separated bike lanes, have a buffer, either physical or visual,from vehicular traffic. ImpactsPublic Utility Water&Sewer The proposed use does not required connection to City water or sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24,2024. • 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 July 5,2024. VB Commercial Center, LLC Agenda Item 7 Page 5 CONCEPT PLANT SCHEDULE I I / 15 PLANTING BH D TO / / • UN.SPEL7FED NVTH VA. PONFR HED �U1.1h_L CAt�Oi'Y TREE l ® ( )—SEE NOTE /fAS7a/E'NT(D.B. 34, PG 79-8/) / � / / 1 GsMa4L EVERGREEN SHRue S391 '00"E 200.00' URGE NARROW EVERGREEN GHRVE 'J 'J '.r-1 ) '/ i 'J •! s. ) 'J `J 'J �' J _JJ J J OLARGEEVERGREENSHRU2 MULCH BED,TY,. EXISTING ADJACENT PROPERTY 6 WOOD FENCE REMAIN,ADDITIONAL 6SOLID WOOD I Lol!Q L'Locy r, TO BE INSTALLED ALONG PROPERTY LINE '?t'=5:- -f> bF'L.+i-� ITY PORTION OF EXISTING 6 CHAIN LINK FENCE 10'DRAINAGE U PC, WITH PRIVACY SLATS TO REMAIN • rn ti — p, END S WOOD FENCE, /,T BEGIN 0 WOOD FENCE END OF 5'WOOD FENCE I toll 1 DLDG7C (APROX.77 TO RIGHT OF WAY LINE) POC4110t iAS AaAG£ BEGIN EXISTING CHAIN LINK TO REMAIN tl i _ EXISTING DOMINION 15'WID DOUBLE GATE ATTACHED 15 PLANTING BED TO WATCH LIGHTS TO 5'SLID WOOD FENCE � BE ESTABLISHED 3'PLANTING BED TO PROPOSEDS'SouD EXISTING DOMINION L I (SEE NOTE 3) BE ESTABLISHED WOOD FENCE WATCH LIGHTS (SEE NOTE 1) EXISTING 6'CHAI N LINK FENCE TO BE REMOVED 665 TO P.I.AT C NANRAGANSETT DRIVE 17 •i,:�c�) ,c;a N39.28'00"PL200.00' p.rMc,. — - en:rmce-- 25'PLANTING BED TO AC=£A.VVEN7 f'!/BL/C UDU/Y EASEMEHIS rrsin F,(ISTING 5 CHAIN LINK BE ESTABLISHED (INSTR /Zo2Jo305B65t) (pySR AV21aMW5J) FENCE TO BE REMOVED 01 (sEENOTE2) EUCLID ROAD (VAR. RW) n (FORMERLY HOLLAND ROAD)(M.B.93, PG.42) y m rn v n r "x a ifr w„ Site Photos avi . .u�ir 4 _d�� vim--�:• VB Commercial Center, LLC Agenda Item 7 Page 7 Site Photos f IRV IMF 114 r i Commercial Agenda Item 7 Disclosure Disclosure Statement CYty n/Vtiyido flaufi Planning&Commu ' Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name VB Commercial Center,LLC 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?0 Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jason Loizou,Manager • 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§22-3101 -"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(')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 VB Commercial Center, LLC Agenda Item 7 Page 9 Disclosure Disclosure Statement (try uJ%"Y9 w+R.vdt Planning&Com DeveloOnleat 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. Farmers Bank 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?❑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 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11,09.2020 2 VB Commercial Center, LLC Agenda Item 7 Page 10 Disclosure Disclosure StatementVA-j I'un,•j,N•.wi�.Fly-.:, Planning&Community 6. Does the appJlcarrt have a construction contractor in connection with the subject of the appllcation or any business operating or to be operated or 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?m Yes 0 No • If Yes,identify the firm and individual providing the service. Scott Wilkins,GeoStat Land Surveys 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,Identify the firm and Individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of tie information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notlficatlon 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 Councfl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. V8 Ccmmer enter,LLC By; Applies gatare Jason Loizou,Manager Print Name and Title 113 I)-Oa- Date �f Is the applicant also the owner of the subject property? E Yes ❑No • 11'yes,you do not need to fill out the owner disclosure statement. that pertains to the apilifications S linne M any Manning Commission and City COUnLiI Meeting ® Norhang.1sat Date 6/26/2024 Kaitlen Alcock —'- - Reviser/I LC '.^'t 3 1 P a g v VB Commercial Center, LLC Agenda Item 7 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. VB Commercial Center, LLC Agenda Item 7 Page 12 112 moo [ [�j E5Ej F--Mand_amRoad ea, .� B2 Q a J, Q - Q 3, o❑ R7�5 Da 00\ B2 �. <1OA R7.5 o , o , ER' 7.5 � Q aAl2 ° � D O �24 o vo O �R;7:5 00 � 0 �D ii OD OD �o o a ��O o C'a 0 0° Q►, C3 p o o Q. �. : >RT 5 o R7.5 q► o N ® Site w e Property Polygons VB Commercial Center, LLC Zoning 4944 Euclid Road s Building Feet 0 4080 160 240 320 400 480 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 7 VB Commercial Center, LLC RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Our next item is Item #7, Virginia Beach Commercial Center. Mr. Bourdon: Thank you, Madam Vice Chairman. Eddie Bourdon, Virginia Beach Attorney, representing Virginia Beach Commercial Center, LLC. The seven conditions as recommended in the staff report that Hoa Dao did, and appreciate Kaitlen stepping in, are all acceptable to my client, and we appreciate being on the consent agenda. Ms. Cuellar: Fantastic. Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Byler to read this into the record. Ms. Byler: The property in question is at 4944 Euclid Road. It is part of the Central Village District of the Pembroke SGA. It has been used as commercial parking lot since 2016 that is not anticipated to change. What this essentially will do is to acknowledge that it is a commercial parking lot, and there will be significant amount of landscaping and other improvements to the fencing so as to make it more visually attractive. This is just a five-year permission, and it will be reviewed because ultimately we're hoping that this will be converted to some use that is more in keeping with the Pembroke SGA and is more community centric, but for now it will be an improvement. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1 , 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11 : 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE NIA S `rz y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JIM LUTZ [Applicant] LULU 1, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 915 Pacific Avenue, Unit D (GPIN 242724441 1 1 080) COUNCIL DISTRICT 5 (Wilson) MEETING DATE: July 9, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a one-bedroom Short Term Rental within the Pacific Place Condominiums. There are no current or past zoning violations associated with the unit and the unit has not been previously advertised or rented as a Short Term Rental ■ Considerations: Short Term Rentals are prevalent on this property with a total of 17 approved Conditional Use Permits for the operation of Short Term Rentals. As this property has a historical parking exemption, there is one assigned parking space in the condominium's parking lot. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. 1. The following conditions shall only apply to the dwelling unit addressed as 915 Pacific Avenue Unit D and the Short Term Rental use shall only occur in the principal structure. 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. Jim Lutz Page 2 of 4 4. 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. 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 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. 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. 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. Jim Lutz Page 3 of 4 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 City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Jim Lutz Page 4 of 4 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. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STIR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:?& • •. •. Item PropertyOwner: Planning Commission Public1 IcB ; City Council Virginia Beach Requests Conditional Use Permit (Short Term Rental) Staff Recommendation Approval ti "st Staff Planner Garek Hall Hannigan �' a Location 915 Pacific Avenue, Unit D au�w G P I N '�� 24272444111080 EquE "ss Site Size vpp�� " ate sS"s+ 34,984 square feet t t,£ w £ 4q•� Existing Land Use and Zoning District Multi-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North ° 1 Multi-family dwellings, commercial parking lot/ '--r `r to(H 5t OR Oceanfront Resort 1 South 9th Street oR Municipal Parking Garage/OR Oceanfront ass D t Resort OR East Atlantic Avenue Retail Shops/OR Oceanfront Resort West IORFOLKAVE Pacific Avenue l Commercial parking lot/OR Oceanfront Resort l r OR m Jim Lutz Agenda Item 15 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. • On-street parking is not permitted on this portion of Pacific Avenue. • Since this unit was not registered nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the unit would not be considered as grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of May 22, 2024, is shown in the chart below: REGISTERED WITH THE CURRENTLY ADVERTISED LAST KNOWN RENTAL COMMISSIONER OF THE REVENUE No N/A N/A Short Term Rentals in the Vicinity ash Short Term Rentals Jim Lutz Agenda Item 15 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for the 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: 1 • Maximum number of guests permitted on the property after 11:00 pm: 2 • Number of parking spaces required: 1 • Number of off-street parking spaces provided: 1 Zoning History # Request 1 CUP(Short Term Rental)Approved 06/04/2024 CUP(Short Term Rental)Approved 03/19/2024 CUP(Short Term Rental)Approved 11/14/2023 ° CUP(Short Term Rental)Approved 08/15/2023 ter-- +•sH� - "' l CUP(Short Term Rental)Approved 07/11/2023 CUP(Short Term Rental)Approved 05/16/2023 CUP(Short Term Rental)Approved 05/16/2023 OR 4 1 CUP(Short Term Rental)Approved 06/12/2022 ass CUP(Short Term Rental)Approved 04/05/2022 * .t 1 OR CUP(Short Term Rental)Approved 11/09/2021 CUP(Short Term Rental)Approved 03/02/2021 CUP(Short Term Rental)Approved 10/20/2020 �_ CUP(Short Term Rental)Approved 08/25/2020 �RFbLKAVE ��. ,_ - -liwsl CUP(Short Term Rental)Approved 08/25/2020 CUP(Short Term Rental)Approved 06/09/2020 r CUP(Short Term Rental)Approved 04/06/2020 t OR �^ CUP(Short Term Rental)Approved 02/04/2020 2 CUP(Short Term Rental)Approved 12/13/2022 _ CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 CUP(Short Term Rental)Approved 12/13/2022 Application Types CUP-Conditional Use Permit MDC-Modification of Conditions STC-Street Closure SVR-Subdivision Variance REZ-Rezoning MDP-Modification of Proffers FVR-Floodplain Variance LUP-Land Use Plan CRZ-Conditional Rezoning NON-Nonconforming Use ALT-Alternative Compliance STIR-Short Term Rental Evaluation : Recommendation The applicant is requesting to operate a two-bedroom Short Term Rental unit within the Pacific Place Condominium building. Short Term Rentals are prevalent on this property with a total of 17 approved Conditional Use Permits for the operation of Short Term Rentals. Jim Lutz Agenda Item 15 Page 3 There is one assigned parking space associated with this unit in the condominium's parking lot.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 these units as a Short Term Rental is consistent with this purpose.These units 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 915 Pacific Avenue, Unit D, 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. 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. 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 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one(1) hour. 8. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. Jim Lutz Agenda Item 15 Page 4 9. 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. 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 Rentals 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 City Planning Department permission to inspect the Short Term Rental property annually.Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms,and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 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. Jim Lutz Agenda Item 15 Page 5 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https:Hvirginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. Jim Lutz Agenda Item 15 Page 6 LayoutSite 00, qy1 � Z oo C) 01 R� Op L n. rya` i .. s � s t J, No OLK AV Jim Lutz Agenda Item 15 Page 7 _ F Site Photo s Jim Lutz Agenda Item 15 Page 8 Disclosure Disclosure Statement t:if4.:4��ryvv1 Ness: Planning&Communih 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 Jim Lutz Does the applicant have a representative? X Yes ❑No • If yes,list the name of the representative. Mary Mn Cox Is the applicant a corporation,partnei ship,firm,business,trust or an unincorporated business?❑Yes X No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list d necessary} • If yes,list the businesses that have a parent-subsidiary-or affiliated business entity e atronshio with the applicant. (Attach a list if recessaryj '"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,III)a controlling owner in one entity U also a controlling owner in the other entity,or iiii)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 Govemment Conflict of Interests Act,Va. Code§2.2-3101. r f4S52Q i�.:.�.s.h+it' 1 I Jim Lutz Agenda Item 15 Page 9 Disclosure Disclosure Statement Planning&Community Development Kno:vn 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 X No • If yes,v,,hat is the name of the official or employee and%"at is the nature of the interest' applicant Services Disclosure Does the applicant have any existing financing(mortgage.deeds of trust,cross-collateralization,etcl or are they considering any financing in cenneciion vAth the subject of the application or any business operating or to be operated on the property? ❑Yes X No • If yes,identify me financial institutions providing the service. Does the applicant have a real estate broker/agent/realtor for cu,rent and anticipated future sales of the subject prcoerty? 0 Yes X No • If yes,identity the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connectron with the subject of the application or any business operating or to be operated on the property?0 Yes X No • If yes.identify me firm and individual providing the service. 4 Does the applicant have services from an architect/landscape architect/land planner provided in connection vrith the subject of the application or any business operating or to be operated on the property?0 Yes UJ No • If yes.identify the firm and individual providing the senate. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes 11 No • If yes,identify the purchaser and purdiaser's service providers. Revised 11,092020 Jim Lutz Agenda Item 15 Page 10 Disclosure Disclosure StatementOpp -" crept f :lots th•�b+t++l hirrnt n tonstrsxgern caRtea.tw Gr coRnectroR•rdh thl iM6y81�1 W Llte etplt�efon or 81M'pu5irsfs�cperatatg a La utiowitoo ofi ft t•'wmu)EJ Yes Cc) No Yft+d"Uh't to C rnpanf itrd indwduai prdvriittq the wif,Ce 7. DGIn d+k aPW k4nt have w er4om r/a mrwVcw<aeent rl cane ort w"h I he'%&OCt ct the a pphaelrgn or arty but.ww" ograilnQ ar Us h!Operated an th•;wtp `tp?(j Yes ®No • t eM, Pwt)fy t'r•P"n and MQi%4*A`pnntidr t ro uwr ,. 8 k t*ia apit*ant reodid 4I 11W iM1f0! '"�nectcr,�sitih th*sublCM of Mik i : te Efia^of any busineu nPerat rs of to be uparat-4 Ctt On propwW O Yes M"a + If VeL tdte°aify the Orrin and rnd Ad W Brtwvjimt the Serklta. :•rtly tnat ap at the e,ku Ilan ca+,tdi,wd"this DtKosi rr Ststemero,kxm,r cwrtifau,,r„«.iYr!a¢urat•, I ww$"tt•nd that, upon recsrfx d n94101taban that the applrctrnar has teen sdreduiad fp put ik ream-j_IIran ne for Updallt►ethe InfOrmar ion provided h•t"hx-o«eeella d0 1*0w meetWq of plennkV Cww*sign,CKy CdupaN VWO,.Ca pA,Wrds ldt B"d A"PwbIK body or oonwntrtee in emewctipn YWth Mk appliMtron tir islr:,rxvner Mnt Moms and 71v* Daft ►*0 epQ cAfd at'r the ow'w of Vw►utien P4>h"? X Ye! ❑ND • 'Vas.y1tU OC nOt ne•.i* I;wt:ht dwrwr SSS blurt tlaDarn•nt 00TAW*I*the awiciaekwia, ► + 6/25 f 2024 Garek Hall H nigan Jim Lutz Agenda Item 15 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Jim Lutz Agenda Item 15 Page 12 OR OR t R5S OR stree 14�h 1 h street R5S OR 4 R5S S. was A18 O:R � OAR OR No�olk Avenue RT3 RT3o '\ 1 �•, , � , OR �R5S N ® Site Property Polygons Jim Lutz Zoning 915 Pacific Avenue, Unit D 5 Building Feet 0 2550 100 150 200 250 300 STIR VICINITY MAP JIM LUTZ 1� t l� t ?L -„ v Short Term Rentals S Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 15 Jim Lutz RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Madam Clerk, by any chance is application for Agenda 15 on? Clerk: She is not. Ms. Cuellar: She is not. Clerk: No. Ms. Cuellar: Although the applicant's not with us, we have reviewed this application. It's a conditional use permit for a short-term rental. It meets all the requirements for a short-term rental at the oceanfront, and hearing no opposition, I've asked Commissioner Byler to read this into the record. Ms. Byler: This is for property at 915 Pacific Avenue, UnitD. It is an application for a short-term rental. There are many other short term rentals already in that building. They're prevalent throughoutthe property. I thinkthere are 16 already approved. There is oneassigned parking place associated with the unit, and all conditions seem acceptable based on the considerations above and staff recommended approval as well as the conditions. It is appropriate for the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applicationson the consentagenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thankyou. Do I have a motion to approve the consentas read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson,and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE f0,^e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFF JAGLOWICZ [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th St, Unit 103 (GPIN 24280028661003). COUNCIL DISTRICT 6 (Remick) MEETING DATE: July 9, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit of the Playa Rana Condominiums located at 304 28th St, Unit 103. A zoning complaint was made on February 26, 2024, for the operation of a Short Term Rental without a Conditional Use Permit; however, the applicant has ceased the illegal operation of the unit and has worked with staff to obtain this Conditional Use Permit and come into compliance with the City Zoning Ordinance. ■ Considerations: The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 10 approved Conditional Use Permits. There is one assigned parking space associated with this unit in the condominium's parking lot. Playa Rana Condominiums is one such property granted a historical exception to the Short Term Rental parking requirement 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 June 12, 2024, 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 304 281h St, Unit 103, and the Short Term Rental use shall only occur in the principal structure. Jeff Jaglowicz 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. 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 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the 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. 9. 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. Jeff Jaglowicz Page 3 of 4 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except that each short term rental shall have one (1) four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14.The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18.The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1) At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be Jeff Jaglowicz Page 4 of 4 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. 19.A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. i Submitting Department/Agency: Planning Department City Manage;t Applicant and Property Owner: Jeff Jaglowicz Agenda Item Planning'\)B Commission Public1 CouncilCity 16 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation' Approval a 33Rp";,,-IF 51 "F4b� } .330 Staff Planner QO jZNoeT Garek Hall Hannigan ao ASKtN TH 51 m Location 29SH ST 304 28th Street, Unit 103 ,tat"St � gISN� GPIN 24280028661003 a 16SH ST 25`H H��F St Site Size "53,138 square feet G;'x 24(NSt ' �3RD5T �� 23R0 HPI.F�` �23Rp 5� Existing Land Use and Zoning District ' Condominiums/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North r e - 28th Street .. T j •� Hotel/OR Oceanfront Resort South4 f " 27th Half Street s 'k ZBjH 51 � 1 Single-family dwellings, multi-family dwellings/ �M' A-12 Apartment and A-36 Apartment j East ' Restaurant/OR Oceanfront Resort r ! ff G• West M1 Arctic Avenue Grocery Store and Single-family Dwellings/OR Oceanfront Resort/ R-5S Residential V 5" Jeff Jaglowicz Agenda Item 16 Page 1 Background of • . • Site Conditions and History • This 53,138 square foot parcel contains the Playa Rana Condominiums and is zoned OR Oceanfront Resort District.According to City records,this multi-family condominium was constructed in 2008. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • When researching the property for the current request,there is a past zoning violation from February 26, 2024, for the advertising of a Short Term Rental without a Conditional Use Permit.Additionally,the last known rental of this property was in September of 2023.The property owner has since removed the advertisements for this unit, has ceased the short term rental of this property,and has worked with Staff to come into compliance with the City Zoning Ordinance. • Since this property was not registered with the Commissioner of the Revenue nor paying transient occupancy taxes to the Commissioner of the Revenue prior to July 1, 2018,the property would not be considered a grandfathered Short Term Rental and thus would require a Conditional Use Permit prior to operating. • Known Short Term Rental activity as of May 22, 2024, is shown in the chart below: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No September 2023 No t Short Term Rentals in the Vicinity K" a to ` 51-2 Short Ierm Rentals Jeff Jaglowicz Agenda Item 16 Page 2 Summary of Proposal The applicant is requesting a Conditional Use Permit to operate a 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: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4 • Number of parking spaces required (historical exemption made): 1 • Number of off-street parking spaces provided: 1 OR OR Zoning History # Request ,,',HST 1 CUP(Short Term Rental)Approved 06/04/2024 CUP(Short Term Rental)Approved 03/19/2024 CUP(Short Term Rental)Approved 07/06/2021 CUP(Short Term Rental)Approved 06/01/2021 CUP(Short Term Rental)Approved 06/01/2021 OR CUP(Short Term Rental)Approved 04/07/2021 OR CUP(Short Term Rental)Approved 10/20/2020 CUP(Short Term Rental)Approved 10/20/2020 Al2 ' CUP(Short Term Rental)Approved 09/08/2020 \ A36 A36 Al2 b Al2 At2 m CUP(Short Term Rental)Approved 09/08/2020 f5S m R55 �13R� Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental EvaluationRecommendation The applicant is requesting to operate a two-bedroom Short Term Rental within the Playa Rana Condominium building. Short Term Rentals are prevalent on this property with a total of 10 approved Conditional Use Permits for the operation of Short Term Rentals. There is one assigned parking space associated with this unit in the condominium's parking lot. According to the City of Virginia Beach Zoning Ordinance,Appendix A,Article 23,Section 2303, (b), a., ii., "There are certain condominium properties that have historically operated as short term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further,such properties are unable to provide the required parking on-site. For these condominium properties,the Zoning Administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Jeff Jaglowicz Agenda Item 16 Page 3 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." Playa Rana 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. While the unit was previously advertised and utilized illegally as a Short Term Rental unit,the property owner has since complied with the applicable ordinances and has worked with Staff to obtain the required Conditional Use Permit and Short Term Rental permit. 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 304 28th St, Unit 103, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one(1) hour. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the 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. Jeff Jaglowicz Agenda Item 16 Page 4 9. 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. 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 City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms,and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years.The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors.The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 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. Jeff Jaglowicz Agenda Item 16 Page 5 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. ' Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. Jeff Jaglowicz Agenda Item 16 Page 6 a�r M' Site Layout & Parking Plan low AV 1 ¢ AC • • One assigned space in the ` parkinglot . f • ,. H istorical exemptionto �. req u i rements,"only one space needed Jeff Jaglowicz Agenda Item 16 Page 7 Site Photo ' - - �T irk. • rp ................................... 14k4 Jeff Jaglowicz Agenda Item 16 Page 8 Disclosure Disclosure Statement Nanning&Community Development �t- 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 Jeff Jaglowicz �/ Does the applicant have a representative? Ll Yes BSI W • If yes,lis:the name o`the represen,atrve. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? - Yes No • If yes,list the names of all officers,directors,n•e rbers,trustees,etc.below. (Aracn a.is:i`neccssa^;: • If yes,list the businesses that have a parent-subsidian or affiliated business entity'relationship with the applicant. (Attach a list if necessaryl "Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting pourer 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,(h)a controlling owner in one entity is also a controlling owner in the other entity,or liii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the Two entities.there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. evised 11 09,2020 1 1 Jeff Jaglowicz Agenda Item 16 Page 9 Disclosure Disclosure Statement C tlV�Y{ Plannmg&Cerriitiq n Development Known Interest by Public Official or Employee Crces an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent or the Subject public action'L Yes ;ZNo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure Does the applicant have any existing financing(mortgage,deeds of trust,cross-coitateralization,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,icertify the financial institutions providing the service. United Wholesale Mortgage Does the applicant have a real estate broker/agent/realty`or current and anticipated future sales of the subject property? Yes U No • If yes,identify the company and individual providing the service. PAada Jaglowicz, Ist Class Real Estate 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 IV,Yes ❑ No • If yes,identify the firm and individual providing the service. Self 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection Mtn the subject of the application or any business operating or to be operated on the property'❑Yes 9 No • If yes,identify the firm anc individual providing the service. N/A 5. Is there any other pending or proposed purchaser of the subject property?n Yes IqNo • If yes,identify the purchaser ano purchasers service providers. Revised 1109 2010 2 1 Jeff Jaglowicz Agenda Item 16 Page 10 Disclosure Disclosure Statement cau ct�nvscu dsa�1 Planning R Community Development 6. Does the applicant have a construction contractor in connection wrth the subject of the application or any business operating or tote operated on the property?i Yes L_I No • If yes,identify the company and individual providing the service. N/A 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 "q NO • If yes,identify the firm and individual providing the service. N/A 8. Is the applicant receiving legal services ir. onnection with the subject of the application or ahv business operating or to be operated on the property?I Yes services • If yes,identity the firm and individual providrng the service. N/A Applicant Signature certify that all ofthe information contained in this Disclosure Statement Form is complete,true,anc 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(1� 'J App' nt ure Jeff Jaglowicz, Owner Print Name and Title 2,27 24 Date Is the applicant also the owner of the subject property?/<Yes ❑No • If yes,you do not need to fill out the aro-ner disclosu-e statement. • • r t.A r xii Due Signature �,I No changr_az o` L/�C/�n�A- 'a V� J S/ Y 1-1 Nam` Garek Hal Hanni an Revised 11.09.2020 Jeff Jaglowicz Agenda Item 16 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Jeff Jaglowicz Agenda Item 16 Page 12 OR OR R -t 8 h Stre� Street- O R R OR fsStreetAl2 .o th Street'. th�Na1. 36( c, A �, 0 0An Scree OR 27th OR � P1 ur C; �� 'R5S �A1"2 ,, � ; OR ! 'R N Site W _ E Property Polygons Jeff Jaglowicz Zoning 304 28th Street, Unit 103 S Building Feet 0 2550 100 150 200 250 300 STR VICINITY MAP JEFF JAGLOWICZ short Term Rentals STR Permb(100) - 4 , Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 16 Jeff Jaglowicz RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: So we'll go on to the next agenda Item, #16, which is Jeff Jaglowicz. Is there a representative here representing agenda Item #16? This application is a short term rental. There are no letters of opposition and it meets the requirementsforitto become a shortterm rental. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Briefly,this is a short-term rental application at 304 28th Street, Unit 103. There are a numberof short-term rentals at this location. Our amazing staff has checked all the boxes to make sure it comports with all the ordinance requirements, and therefore, there's no objection to it being placed on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applicationson the consentagenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the con sentas read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson,and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11 : 0, agenda items number 1 , 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plum lee AYE f :32. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN HOLLAND, LLC [Applicant] ALP & ALEX ASLAN [Property Owners] Conditional Use Permit(Car Wash Facility)for the property located at 4245 Holland Road (GPIN 1476963446). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: July 9, 2024 ■ Background: The applicant is requesting a Conditional Use Permit to adapt an existing, vacant former Rite-Aid building for use as a Car Wash Facility. The subject property is located in the Timberlake Shopping Center and under the Timberlake Land Use Plan and is subject to the B-2 Community Business use table. The applicant's intent is to make minor alterations to the exterior of the building, including the removal of the "Rite-Aid" gables, removal of the drive-thru canopy and drive-thru lane, and addition of overhead garage doors to accommodate vehicular ingress/egress. The adaptation would occur entirely within the building envelope. The applicant is also proposing 17 exterior vacuum stations, 8 interior vacuum stations, a new sidewalk to connect pedestrians from Holland Road to the interior of the Timberlake Shopping Center, and enhanced landscaping. ■ Considerations: While the proposed reuse of this building is innovative and though the concept plan improves existing site landscaping, the overall use and proposal do not conform to recommendations in the Comprehensive Plan. The subject property has a prominent location at the southwest corner of the intersection of Holland Road and S Plaza Trail. The northern and eastern corners are already auto-centric uses— an automobile service station and a drive-thru restaurant respectively—and the addition of a Car Wash Facility would commit three of the four corners almost exclusively to auto-oriented businesses. The Comprehensive Plan identifies this area as being part of the Suburban Area and calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. While car washes can be considered a complementary non-residential use, they are also strictly auto-centric and auto-dependent. This area is further identified in the recently adopted Commercial Area Pattern Book (CAPB) as an aging shopping center that is ripe for redevelopment as a mixed-use center. Specifically, the CAPB recommends outparcels of shopping centers like the Timberlake Shopping Center to be redeveloped as "the face of the development and (extension of) the neighborhood" in which is located. This proposal will reuse a building, but it does Green Clean Holland, LLC Page 2 of 3 not meet these recommendations for mixed-use, pedestrian-oriented redevelopment. Sustainable redevelopment goes beyond merely reusing a building, especially when that reuse is dedicated to the continued service of automobiles. Lastly, the Holland Road Phase I CIP project is approved for this area of Holland Road to reconfigure the roadway into a 6-lane superstreet. It will also add a continuous 5-foot-wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters. The project has not entered the design phase yet; it is uncertain at this time if/how the project could affect this property and its access on Holland Road. 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 May 8, 2024, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 3. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. Green Clean Holland, LLC Page 3 of 3 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. 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. 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. The applicant shall be responsible for installation of five-foot wide sidewalks along the property lines fronting Holland Road and S Plaza Trail. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. r- Submitting Department/Agency: Planning Department City Manager: 1& Item Applicant Green Clean Holland, LLC Agenda Property • Planning • • • 1 Vol • 1 Virginia Beach Request Conditional Use Permit(Car Wash Facility) Staff Recommendation Denial Staff Planner Elizabeth Nowak �� ''�� 0 Location o o M 4245 Holland Road 3 < z w w GPIN <> w r w a m 1476963446 J = LINK CT f` n Site Size 1.38 acres 1 AICUZ l Less than 65 dB DNL >\ Sri Watershed �' Chesapeake Bay Existing Land Use and Zoning District Vacant commercial building/PD-H1 Planned Unit Development x ♦ 4 �3! Surrounding Land Uses and Zoning Districts " . ,f 4 • • N North Holland Road p , ' `" •y�� % Shopping center,gas station/B-2 Community Business r .•�" ' South ; Shopping center/PD-H1 Planned Unit Development East S. Plaza trail 4 1 'l Apartments/PD-H1 Planned Unit Development ' West Shopping center/PD-H1 Planned Unit cclld Development Green Clean Holland, LLC Agenda Item 5 Page 1 Background SummaryofProposal • The applicant is requesting a Conditional Use Permit to develop a Car Wash Facility on a 1.38-acre outparcel of the Timberlake Shopping Center. The property is in an area identified in the Timberlake Land Use Plan as a commercial use. As this total area is greater than three acres,the B-2 Community Business use table governs uses for this commercial area and identifies Car Wash Facilities as a conditional use. • A Rite Aid Pharmacy was constructed on this outparcel in 1999 and operated here until 2023 when the store was closed.The applicant is proposing to reuse the existing building for the car wash. While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building,they will occur within the existing dimensions of the building(see the proposed site layout on page 7 of this report). • Minor changes are proposed to the existing building to include removal of the existing canopy associated with the former drive thru pharmacy and a redesign of the branded gable element of the Rite Aid building on the north and east elevations to include a flat roof indicative of Green Clean's modern aesthetic.The building will also be repainted with dark neutral tones and the north and east elevations will be broken up by engineered wood paneling. • Overhead doors for vehicular access will be installed along the north and east elevations.The primary entrance and one exit to the tunnel will be located on the north end of the building,facing Holland Road. Customers will have an option to exit the facility through the east elevation (facing S. Plaza Trail) or to continue through the building to access eight vacuum stations located inside the facility and then to exit back out the north elevation. • In addition to the vacuums inside the building,the applicant proposes an additional 17 vacuums on the east side of the building.These will be central turbine vacuums, black in color,with no overhead canopy.There are two vacuum equipment pads proposed at the southern end of each row of vacuum stations;the pads will be screened on three sides with ornamental shrubs. • There is an existing monument-style sign at the corner Holland Road and S. Plaza Trail that the applicant plans to reuse.The sign face will be replaced as shown in the exhibit on page 8 of this report.The existing hedgerow will be removed and required landscaping will be installed. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Five parking spaces are proposed on the concept plan, meeting the parking requirement.One of the vacuum spaces is designed to be ADA-accessible. • The existing dumpster area at the southern edge of the parcel will be reused. It is screened with a masonry wall on three sides with a gate on the fourth. Landscaping will be installed on three sides as required in the Zoning Ordinance. Green Clean Holland, LLC Agenda Item 5 Page 2 Zoning History # Request O+0 a2 1 MDP Approved 06/18/2019 1 LUP Approved 11/19/1981 PDH1 2 CUP(Tattoo Parlor)Approved 10/17/2017 woe CUP(Indoor Recreational Facility)Approved 04/05/2016 e" CUP(Indoor Recreation)Approved 07/03/2012 QvP��P CUP(Motor Vehicle Rentals)Approved 08/14/1996 g 3 LUP Approved 11/19/1981 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation : Recommendation In Staffs opinion,this Car Wash Facility is an inappropriate use for this prominent corner along the Holland Road corridor.The Comprehensive Plan identifies this area as being part of the Suburban Area,which recommends the development of Great Neighborhoods,which are identified as areas that balance residential neighborhoods with complementary non-residential uses. While Car Wash Facilities can be considered a complementary non-residential use, they are an auto-oriented and auto-dependent use.The Timberlake Shopping Center is further identified in the 2023 Commercial Area Pattern Book(CABP)as an aging shopping center with dense mixed-use redevelopment potential. Specifically,the CABP recommends outparcels of large shopping centers like Timberlake Shopping Center be redeveloped as "the face of the development and (extension of)the neighborhood" in which it is located. Developing an automated car wash on the shopping center's most prominent corner in a section of Holland Road with several shopping centers with similar redevelopment potential continues to entrench auto-oriented design and use in this corridor. Car washes by their nature do not activate the pedestrian zone;as a potential catalyst site for Timberlake Shopping Center, adjacent commercial parcels,and the immediate residential neighborhoods,this outparcel has the potential to be a leader for how the general character of the area will evolve or if it will remain static. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan,Staff does acknowledge that the proposal is an innovative reuse of an existing building and that the proposed concept plan improves existing site landscaping.Adaptive reuse, such as what the applicant proposes, is a highly beneficial redevelopment strategy as it is less impactful on the environment and helps maintain the character of an area.The redesign of the elevations removes much of the branding of the current building from a standard "Rite Aid" building design and introduces some color contrast that reduces the scale of the building.The concept landscaping plan is robust and will add trees and large shrubs where many do not currently exist, including trees to parallel an existing pedestrian access at the southern edge of the outparcel and along a newly proposed sidewalk connecting Holland Road with the interior of the shopping center. Existing street trees will remain where possible and will be replaced with new if they cannot. By closing an existing drive thru lane along the building's west elevation and by introducing a sidewalk with a verge on either side,the applicant has reduced existing impervious cover on the property and created additional green space. Green Clean Holland, LLC Agenda Item 5 Page 3 The proposed reuse and redesign would improve some existing conditions of this outparcel, but this site would be better suited for a non-auto-oriented use. Apartments east of the site across S. Plaza Trail will look directly out onto the facility and its vacuum stations.The two corner lots on the north side of Holland Road are developed with a gas station and a drive-thru restaurant. Expanding this pattern to this property may lead to further erosion of people-centered redevelopment potential. With these considerations,Staff recommends denial of this application. Noting, however,the quality of the reuse proposal,Staff has included a list of recommended conditions should Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach,VA", prepared by Kimley-Horn,and dated 4/1/2024,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road,Virginia Beach,VA" prepared by SBA Studios, and dated 4/9/2024,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums,shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants,streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. 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. 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. The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet.This shall be reviewed as part of the site plan review process. Green Clean Holland, LLC Agenda Item 5 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. Comprehensive Plan Recommendations This project falls within the Suburban Area as defined in the Comprehensive Plan.The Suburban Area's guiding principle of maintaining"Great Neighborhoods" calls for complementary non-residential uses at edges of residential areas to provide goods,services,and employment to nearby residents.Timberlake Shopping Center is also identified in the Commercial Area Pattern Book(CAPE)as an Inland Character Area ("Holland Road to S. Independence Boulevard").The CAPB calls for redevelopment of these areas to focus on improving pedestrian access and circulation of the centers,as well as supporting multiple modes of transit to the area. Outparcels should be redeveloped with strong anchors like mixed-use buildings and other key neighborhood-oriented uses that promote community resiliency. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and is located outside the Resource Protection Area. A portion of the property is located in the Special Flood Hazard Area,AE flood zone; however,the proposed improvements are located outside the AE flood zone. Should any equipment or structures be located in the AE flood zone,they will be required to meet the requirements in Appendix K, Floodplain Ordinance. There are no historical or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,000 ADT' 32,700 ADT(LOS°"D") Existing Land Use 1-1,400 ADT S. Plaza Trail 10,040 ADT 32,700 ADT(LOS"D") Proposed Land Use 3—500 ADT 1 Average Daily Trips Z as defined by a 13,000 square- 3 as defined by an automated car 4 LOS=Level of Service foot pharmacy with drive-thru wash with one tunnel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Holland Road is considered a four-lane divide minor urban arterial.The Holland Road Phase I CIP project is approved for this area of Holland Road. It will reconfigure Holland Road as a six-lane superstreet by adding through lanes in both directions from S. Independence Boulevard to S. Plaza Trail and by installing Restricted Crossing U-Turn.The project will also include continuous five-foot wide sidewalk on both sides of Holland Road and installation of LED streetlights and bush shelters at the four existing bus stops. Construction of Holland Road Phase I is scheduled to begin in 2031. Green Clean Holland, LLC Agenda Item 5 Page 5 S. Plaza Trail in the vicinity of this application is considered a four-lane divided minor suburban arterial with an existing 80-foot wide right-of-way.The MTP proposes a four-lane facility within a 115-foot right-of-way. Currently,there are no CIP projects to upgrade this roadway. Public Utility Impacts Water There is an existing 8-inch city water main encroaching through the adjacent property within Public Utility Easements. The existing 8-inch city water main through the adjacent property connects to the 16-inch City transmission main along Holland Road.The site currently connects to City water. Sewer There is an existing 8-inch which transitions to a 10-inch city sanitary sewer gravity main encroaching through the adjacent property within a Variable Width Public Utility Easement. The sanitary sewer main within the property connects to the 8-inch city main along Spence Circle.The site currently connects to City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 8, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,April 24, 2024 and May 1, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 22,2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • 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 July 5, 2024. Green Clean Holland, LLC Agenda Item 5 Page 6 CARWA.SH CONCEPT VMGI,WA BF,ACif VA • PLANT SCHEDULE 22 lglmc l _ sm I� .nn x++ri" +.a.� •.cw • _ ups Jarx ,ac; F-AZA nAL is rrwwe,�w n.wr,x�o.0••-"ran,an a.c wr.. ..,9, am•Y.r,uu.rtccrnr uanarrra-c (� 4245 HOLLAND ROAD Kimley>»Horn rp CONCEPT LANDSCAPE PLAN APR IL WASH IL 1,2024 VIRCINIA RFAf'.H VA GREEN CLEAN A 0'0 rD 2 O Q tv N y (D PL rrDD B V (.1 r) Proposed Signage • Enclosure - N� .T LWAESTGNL$ILL tEANlY Ru4x16 GAIT HARE i1tt11/ EXTERIOR MONUMENT SIGNAGE 6 MESTONE CAP,TYP. W ICK BRIN(MATCH BUILDING) i7 O Tl_ 2 CEDAR PtANKS STEEL FRAME INSTALL LATCH HARDWARF d f -- C(9ASTERS�DOORBASE PRONCE NGESP�oa LEFT SIDE ELEVATION OF DOORS TO SE 3'L)k1b'STEEL ANGLE WELDED(IM WELD MIN)ALL UMESTONE CAP,T W. / CORNERS W13N3kW'STEELANGLE 6 DNGONAL CROSS BRACING WELDED QUICK BRIM TOSTEELFRAME WELDTOPAND MATCH BUILDING) BOTTOM STEELANGLE OF FRAME TO STEEL TUBE ATTACHED TO HINGES _ r- --- _24k24k4B'DEEP CONIC FTG. r ' - 16NB'CONCRETE FOOTING (� fLwLPsrfA -- ------� j w(2)16 CONTINUOUS—IN y M1 STALL 1n'DA. I 1R LONG METAL _ Y ROD GATE UTCHTCH INSTALL BOTH 6'I HOLE 'o OPEN AND CLOSED P051710NS TO RECE TONS RJE LATCH ROD r'p 2'-7 CONTRCLJOINT I ) � � � I o 7 RIGHT SIDE ELEVATION CEDAR GATE , / I I CONIC RLLED 6'DIA BBOLLARD.BOLLARD. DOORS PANTED W T PA NTTOMATCHEIFS ON ---- __. BUILDING.SEE BC11ARD DETAIL QUICK BR K(MATCH BUILDING) GATE STRAP HINGE, ____________-_ (3)PH7 DOOR 6'd' 6<' CCNC.FILLED 6'CIA. 17b' j� j MATCH METAL SIDING TO ON BUILDING Ifr DIA.1 S'LONG METAL FLOOR PLAN Y. ROD GATE LATCH 4'GATE CASTER 7 PROPOSED DUMPSTER ENCLOSURE 04.07.2020 SCALE: 1/4'=r-o• FRONT ELEVATION apt MM� Green Clean Holland, LLC Agenda Item 5 Page 8 Proposed Vacuums Vacuum Schematic and Elevation Vacuum booms will be green to match branded colors on building tT Green Clean Holland, LL[ Agenda Item 5 Proposed Pay Stations WAWWAW Green Clean Holland, LLC Agenda Item 5 Page 10 Site Photos ''�,'.� ,�� 4i,�• �j .R�i�,� ,ram f F 77 Green Clean Holland, Agenda Item 5 Site Photos 14, Y� .! ,ate -. y •�,tq..� Y" w �.� 12 4.i. �. �� \! 'Ifs` - $ •. t .. t `� Disclosure Disclosure Statement V" C.ty,gt„V.ma_ 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 Green Clean Holland , LLC Does the applicant have a representative? N Yes ❑ No • if yes,list the name of the representative. Kimley-Horn-Greg Schmitt,P.E. 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 fist if necessary) Shawn Everett,Craig Van Bremen • If yes,list the businesses that have a parent-subsidiary`or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Express Wash Concepts and Green Clean Shore 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. Revised 11.09.2020 1 Green Clean Holland, LLC Agenda Item 5 Page 13 Disclosure Statement Disclosure Statement (ley oJliyintii Ba i Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes E No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. MidCap 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. Wick Smith-Thalhimer 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. TBD 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. SBA-Kevin Cieszykowski 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. Revised 11.09.2020 2 Green Clean Holland, LLC Agenda Item 5 Page 14 Disclosure Disclosure Statement coy't Vuy—Bead+ - 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?R Yes ❑ No • If yes,identify the company and individual providing the service. PG Harris-Justin Short 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 • H yes,identify the firm and individual providing the service. Kimley-Hom&Associates,Inc.-Greg Schmitt,P.E. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■ Yes ❑No • If yes,identify the firm and individual providing the service. Eastern Law Group-Jerry Bowman and Williams Mullen-Grady Palmer and Tyler Rosa Applicant Signature I certify that all ofthe 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. aturc Craig Van Bremen Chief Development Officer Express Wash Concepts Print Name and Title Craig Van Bremen Chief Development Officer Express Wash Concepts 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. •• • that pertain5 to the applications No changes as of Date 06/20/2024 Print Name Elizabeth Nowak Revised 11 09.2020 3 1 l' g c Green Clean Holland, LLC Agenda Item 5 Page 15 Disclosure Disclosure Statement Cny f l mgJ in Baia %Planning&Commu elopment -. " Owner DisclosureU Owner Name Alp Asian and Alex Asian Applicant Name Green Clean Holland , LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Rr i i o,)2020 5 I Green Clean Holland, LLC Agenda Item 5 Page 16 Disclosure Disclosure Statement C'iiy uJ�'uY,w Bvnr 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. Divans Real Estate,Inc.-Levi Thomson,Associate Broker 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes ❑ No • If yes,identify the firm and individual providing the service. Cobb,Doerfler&Associates,CPA-Danny H.Carol,CPA 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. 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. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • If yes,identify the firm and individual providing the service. Revised 11 09.2020 6 1 P a g e Green Clean Holland, LLC Agenda Item 5 Page 17 Disclosure Disclosure Statement Planning&Community Development S. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No If yes,identify the firm and individual providing legal the service. Stokes Law Group,PLC-Igor Vaserfirer,Esquire&Randy Stokes,Esquire 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. r4Gy�rGrasl Owner Signature Alp Aslan(Owner) Print Name and Title 8 April 2024 Date Revised 11.09,2020 7 P a g e Green Clean Holland, LLC Agenda Item 5 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Green Clean Holland, LLC Agenda Item 5 Page 19 Al ' o ,y /82 .� 02 \'Qo `�ti o AL1-2 PDH1 o Q� 0 ' \ �4 Co A142 P D H 1 PD�H1 N ® Site s Green Clean Holdings, LLC W E Property Polygons g � Zoning 4245 Holland Road S Building Feet 0 3060 120 180 240 300 360 Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 5 Green Clean Holland LLC RECOMMENDED FOR DENIAL Clerk: Agenda Item Number 5 Green Clean Holland, LLC is a request for a Conditional Use Permit for a Car Wash Facility at 4245 Holland Road in District 10. Mr. Alcaraz: Sir, if you can come up. Are you both going to speak? Clerk: They're both with the applicant. Mr. Alcaraz: Yeah, well, I'll hear him and then you because you got to state your name, if that's okay. Greg Schmidt/Kimley Horn: Greg Schmidt with Kimley Horn. We are the agent representing. Green Clean Holland LLC. I do want to start by thanking planning staff for giving us a fair analysis of the benefits that this project does provide even though the negative recommendation for denial. I do want to talk a little bit about Green Clean and what that company is. It started as a local family-owned-business and is still 100% locally operated with the main point of contact managing all the day-to-day operations of the car washes that they own within Hampton Roads. Green Clean provides a wide range of services from single washes to memberships, to fleet services. They also focus on giving back to the communities in which they serve. They have a Green Clean Cares program that offers grant application opportunities that offers fund raising, and donation opportunities to give back to the communities in which they serve. Green Clean does operate a number of car washes within the City of Virginia Beach, and I highlight that to say that in each and every site that they have developed, they have taken away a vagrant structure or a vacant structure, and they've redeveloped it into something that is more modern, and more relevant to the customers that they serve. Some of those include a vacant bank that sat vacant for many years on Virginia Beach Boulevard, a dilapidated gas station on Shore Drive, and an old self-serve car wash on south Military Highway. They always strive to be a good neighbor, and with each and every of those redevelopment sites, they have worked closely with staff to identify the specific architectural needs, landscaping needs, and site development needs for that specific area of the city. You know, I want to dive into. I have been asked many times what Green Clean means, and I think there is a misconception about car washes, and their environmental impacts, but in all reality the Green Clean motto and the way these car washes operate is they prevent soaps from getting in the storm drain system, they reclaim water, and ultimately, they provide a better site than the ones that they've previously inhabited. Very different from most of us who might be washing our cars in their driveway. What we are presenting here before the commission today, is an Adaptive Reuse. This is a development opportunity that sets Green Clean apart from their peers in the carwash industry. They are working to take the existing Rite Aid building at the corner of South Plaza and Holland, keeping the building guts, and converting it into an automated car wash tunnel, which will also feature interior vacuum spaces, and it will also have exterior vacuum spaces that will be free to the community around it. I do want to talk about the existing site a little bit. It was built in 1999 as a prototypical Rite Aid Pharmacy. There is no existing connectivity for pedestrians to the building itself or the Timberlake Shopping Center behind it. It also features dated architecture, unmaintained landscaping, and is currently uninhabited. What this adaptive reuse project does offer to the city is an opportunity to see improved vegetation with the proposed Enhanced Landscape Plan, additional shared pedestrian connectivity to Timberlake Shopping Center. The addition of landscaping and canopy trees along the sidewalk to the south to Timberlake as well the proposed sidewalk with this project. It also features enhanced architecture with wood facades and updating the paint colors on the existing building to more natural earth tones. It also includes the reuse of much of the existing infrastructure, decreasing the demand on the construction material industry, and ultimately, the addition of the green space further reduces the impact on the storm water runoff that currently exists at this property. I think when we look at the commercial area pattern book, it talks a lot about neighborhood adjacency, and compatibility pedestrian connectivity, and what the Holland Corridor could be. I think we've worked closely with staff over the last number of months to come up with a plan that addresses many of the initiatives that are presented in that area pattern book for Holland Road, including the addition of sidewalks, the addition of canopy trees, the improvement to the street frontage landscaping and buffering, and the improvements to the architecture to make it more relevant and more current. The one thing, I do want to touch on related to neighborhood compatibility this is surrounded by a number of multi-family residential developments. One of the things that many of us who have lived in an apartment at one point understand is, it is not easy to wash your car, vacuum your car, in a multi-family apartment development. So, what this actually provides is an opportunity to not have to run an extension cord of a window or not have to use a dust buster for something that actually requires a legitimate vacuum, and ultimately providing a more environmentally friendly way to wash your car. Given all the improvements that have been proposed with this development, we do feel while the use may not be the most desirable given the Commercial Area Pattern Book, it does strive to achieve many of those with the things that I've laid out. I do want to talk about the staff report's reference to the Holland Road Phase 1 project. This identifies a project that will expand Holland Road from four lanes to six, inclusive of protected U-turn as a superstreet design. In my opinion in looking at this, and engineering analysis, Holland Road currently sees 37,000 vehicles per day. The city has seen the need to necessitate the CIP project, that will expand Holland Road to six lanes. This is a corridor not necessarily designed around people, but designed around helping vehicles get to and from their destinations. I personally commute on Holland Road from the Red Mill area to Town Center each and every day with many of my fellow residents. I do want to add also related to the neighborhood compatibility. Car washes have long been a place that creates a sense of community where people bond over the care that they put into their vehicles, where my wife and I can go to vacuum our cars without having to mess with those fussy extension cords. I think it does continue to provide that given the nature of the surrounding adjacent developments. In closing, there are currently seven vacant Rite Aids in Virginia Beach alone. It is likely another six will become vacant once the bankruptcy is completed. I'm not saying each and every one of them should become a car wash or will become a car wash, but what we have here today is a project with a developer motivated to be creative, to come up with better solutions for each and every site that we pursue. A move to avoid urban blight, which can be so cancerous to shopping centers and corridors. With that, I do appreciate your consideration of this proposal, and I will be available for questions. Mr. Alcaraz: Thank you. Are there any questions? Yeah. Mr. Plumlee? Mr. Plumlee: Mr. Schmidt, how are you today? Mr. Schmidt: Good. How are you doing, sir? Mr. Plumlee: I'm doing well. Had there been a market study for this location by the Green Company, because it was brought up at the informal that there were a number of car washes in the vicinity. Can you address that? Are you able to address that today? Mr. Schmidt: I will let Mr. Van Breman address that. Mr. Plumlee: Okay. I can save that question. Being with Kimley Horn, looking at the Capital Improvement Project. Have you looked at the impact of that project with the expansion to six lanes? And how that would affect this location on the operation? Mr. Schmidt: Yes, sir. I do believe we have enough room to accommodate the expansion as currently described. Mr. Plumlee: So, I heard this morning, a rough estimate of about 12 feet of a taking, it could be more in that, but you believe that would remain, this use could remain under those conditions? Mr. Schmidt: Yes, sir. Mr. Plumlee: Okay. As far as, this will remain owned by the same family that owns it currently, the Aslands, is that correct? Mr. Schmidt: I do have a clarification on that. Green Clean will be purchasing the property, and the structure. Mr. Plumlee: So they will be the owners of the property? Mr. Schmidt: Yes, sir. Mr. Plumlee: And they're going to make quite an investment in that structure then, a significant investment to convert it from its current retail use to the car wash operation? Mr. Schmidt: Yes, sir. That is correct. Mr. Plumlee: Can you tell us what were some of the efforts that you made to try to address the pedestrian aspect. I understand it's going to be next to a super road. I'm not sure how many people are going to be walking along that road, but what efforts did you make to try to address that? If you could be specific. Mr. Schmidt: Yeah. So, from the start of this project application, we went and sat down with Ms. Nowak at the planning department to really discuss what are the opportunities to make this as attractive as possible, understanding the conflicts with the use, and the Commercial Area Pattern Book. So, when we submitted the initial application, we did not have the sidewalk and the landscaping that is at the top of the screen here where the old pharmacy drive through was. We did not have the additional landscaping along the existing sidewalk connection, on the screen left. We also made a commitment to planning that any sidewalk within the right of way along our frontage that is not compliant with a five-foot minimum that we would improve that as well with this project. I think one of the things that you hear a lot about in terms of providing nice pedestrian connectivity always comes down to the availability of shade, and really being able to give people a spot where they're not walking in the hot sun, in the middle of the summer to get to some of these destinations. I think the one connection that exists, and the one that is proposed do improve upon what exists today do provide an opportunity for these to be nice pedestrian connections to Timberlake Shopping Center, and ultimately the Holland Road Network. The other thing we did do as well is with the removal of the pharmacy canopy and window, that in the initial application we were not making all that green space. We went back and revised that to as green space and landscaping along that back wall to break up the visibility of that facade. Mr. Plumlee: So you're saying you added permeable surface? Mr. Schmidt: Yes, sir. So, the plan will be removing the asphalt full depth. We will be installing landscape planters along there with landscaping that will screen that long facade from the right-of-way. Mr. Alcaraz: Any other questions? Yes, Mr. Parks. Mr. Parks: Mr. Schmidt, do you, is this the first instance of taking a converted building like this and turning it into a car wash? Is this going to be one of the first ones or? Mr. Schmidt: The city of Virginia beach is not the Guinea pig. This has been done by Green Clean and Express Wash Concepts up in the Pennsylvania market already, and Craig can elaborate on that, but they do have a few of these operational where they've completed the conversion and it's been successful. Last month we did get approval in Chesapeake to do the same. Adaptive reuse of a ride aid on Battlefield to a car wash. So that is proceeding into site plan design now and hopefully construction sometime the end of this year. Mr. Alcaraz: Alright, any other questions? Ms. Cuellar: I have one question. Mr. Schmidt, did you have an opportunity to reach out to the residents on South Plaza Trail? If so, what was their feedback? Mr. Schmidt: We did not. It was hard to identify an organized group, so given the nature of the adaptive reuse we were not able to identify specific contact who set something up. Mr. Alcaraz: Any other questions? All right. I am going to get the speaker, which is representative of the ownership. State your name for the record? Mr. Bremen: Good afternoon. My name is Craig Van Bremen. I'm the Chief Development Officer for Express Wash Concepts. My address is 336 Bishop Gate Lane, Crozet, Virginia. So, Express Wash Concepts, just a little bit about us. We have 95 sites in operation currently. We have about 16 under construction currently, and that's across Michigan, Pennsylvania, Ohio, Virginia, and I think that's it actually. So, locally, more locally here, we we've given to across those 95 sides last year, we are very charity-minded organization. We really want to grow our people from within, and we want to support the communities that we serve as well, and with that we give $400,000 to charity last year through our grand openings and other care initiatives like Greg mentioned. More locally, we have 14 green cleans currently operating the Hampton Roads MSA, and one of the reasons that's so important, we'll get to site selection, when there is a question on site selection a little bit, but one of the reasons that's so important is because we don't want to just provide jobs, people want to provide growth opportunities to people. So, when you come to work at Green Clean, you have an opportunity to start, and this happens throughout the company. So, start working in the lot at $17 an hour and work your way up to assistant site manager, where you're making $45,000 to $55,000 an hour [sic., a year]. Then you can have your own site and be a site manager making $75,000 to $80, 000 an hour [sic., a year], and then if you make it up to area manager, you can be making over $100,000. We'd love to have college educated people, but this also is in a pathway for somebody that doesn't have a college degree. If you come in, you work hard, you learn the job, you can move up within the company, and those are the kinds of opportunities that we really want to provide to folks that work for Green Clean Auto Wash and work for Express Wash Concepts. This facility along with some of the other ones that we've recently developed on Shore Drive, and I want to thank staff because the Shore Drive product has turned out excellent. I was just there actually before, and I encourage you to go look at that. All of the locations we do, we talk about being Disney-perfect, and we really want to provide a great product that includes the enhanced landscaping. That's something that we work with cities on, but that's something that we just as core to us and that we want to do in general. So, that Shore Drive location is a great example of what we want to do. I can see us using that building in other places as well, because it turned out so well. So, thank you Staff for helping us to bring that to fruition. Greg already mentioned the benefits of washing with Green Clean from an environmental standpoint, so I won't go through that. When we talk about density, density is really important to our business. We have under unlimited wash club members that the more the locations that we can provide, the more value there is to their membership. So, when they buy a membership, not only does their pass work at Shore Drive, but it also works at the other 95 locations that we have and the 14 locations within Hampton Roads, and we really want to serve our customers where they need to be served. So, we identified this Holland Road corridor years ago as an area that we wanted to be. We are very data driven and we look at demographics. We look at vehicles per day. We look at retail. We look at competition. We look at all of those things, and we targeted this area years ago. We actually had the old Wells Fargo back in contract, and because of just site constraints, and similar things that were going on at the time, we actually backed away from that site. We've been working on the Title Max parcel across the street, and this site came available, and had the opportunity to buy it and it's a great opportunity for us to do our adaptive reuse. As Greg mentioned, we've actually completed three of these drugstore conversions. One's in Cleveland. We have two in Pittsburgh, Pennsylvania, and they have turned out amazing. Customers love the interior vacuums. Customers love the way that you come through the building. I understand that some don't love the car wash use, but sometimes the economics of where we are, if you look at this building, Rite Aid was a pretty powerful company for a very long time, and they could gamer large rents. There's not too many companies with the experience and with the economic strength that can come in and do an adaptive reuse like this. We have the experience to do that. We, actually our business model, supports actually acquiring a building like this. So, with that, Greg's already walked through the site specifics, but I'll pause for any questions. Mr. Alcaraz: Yeah, thank you. Mr. Plumlee? Mr. Plumlee: Yeah, I had asked earlier about this market. There were, as I mentioned at the informal meeting, that there were other car washes within this vicinity, and can you address the workup that you've done to look at the market? Mr. Bremen: Yeah, we always look at the competition very heavily. I think there's a competitor just down the street. Frankly, we offer a different product than they did. They have some self-serve automatic bays out there, which are great for people that want that product and want to be able to wash their car themselves. They also do have some smaller tunnels, but that's not really what we do. We really focus on being in the convenient right place, so that you can wash your car quickly, that you can do your interior free vacuums, and that you can move on. The demographics there, definitely support demographics, and the strength of just the number of people, the number of vehicles around that area are really what would drive whether or not site works for us, and when we look at those 95 stores that we have across our portfolio, we've identified the key performance indicators in data of what drives site performance. In this particular area, even with that competition that's put into our model, we believe this is a very strong site for us. Mr. Plumlee: Mr. Schimdt had mentioned that this is actually going to be a purchase by your corporation of this property. So, it's not just redevelopment for the owner. It actually allows them to be relieved of the obligation of keeping this empty building for who knows how long waiting for someone to come along that is willing to take it on. So, this is where you transfer and ownership as well. Is that accurate? Mr. Bremen: That's accurate, and it behoves us to move as quickly as possible through the right approvals and to get construction done as quickly as possible, and get the renovations done so we can get open for business as quickly as possible. Mr. Plumlee: Is there anything that you wanted to add to the question about pedestrian friendly layout? Mr. Bremen: I think Greg is best positioned to answer that. I mean, we always want to do all we can to be a good partner in the community. So, if there's additional ideas that staff can come up with of ways that the site can work in their master plan, we are all ears and we'll be happy to support. Mr. Alcaraz: Thank you. Ms. Byler: If you could please clarify on your site plan, and I may be wrong, but as I understand it, our Active Transportation Plan shows that there should be five foot or more in width along South Plaza Trail, and that your proposal has no change to the existing three-foot sidewalk. Ms. Bremen: I will have to defer it to Mr. Schmidt on that. Mr. Schmidt: We had discussed that with staff. We are committed to upgrading the sidewalks along both frontages to achieve a minimum of five feet in width. So, if we, I don't remember if that was in the draft conditions off the top of my head, but we can add that as a condition. Ms. Byler: Okay. Thank you. Ms. Hippen: So you spoke of demographics, but you said that you haven't spoken to the people that live in this area. So, the question is, how do you know that this is the ideal business location if you haven't spoken to the people that live around the area. I'm very familiar with the area, by the way, and I know of what you speak of the demographics. There's an apartment complex right across the street. There are very close homes in the area where there, you know, they're very close together. There are also town homes in the area. So, the question is, how do you know that this is what the neighborhood wants? Mr. Bremen: Yeah, just for clarity, when I speak of demographics, I mean, the demographics in the area. So, the number of households with areas, not the specific makeup of like a particular neighborhood or talking to a particular neighborhood. I just mean, there's enough people within the area that we believe will be drawn to this area that will support our business as far as the neighbors across the street. We also believe that based on our other locations in Virginia Beach, that people will want to buy an unlimited wash club membership here. It's very similar in a lot of ways to the other sites that we have. So, if we use that kind of as a template to say, is this a good location? We do believe that the folks in the area will shop and we'll wash their car at our location. Ms. Hippen: Okay. You spoke of the car wash that's there where Independence becomes Holland. Okay, but if you go the other way, you have, Car Spa, which is at the corner of Lynnhaven and Holland, okay, and then we just approved a car detailing business in that very shopping center[Timberlake Shopping Center]. So, my question still remains, if you haven't spoken to the people that live in that area, if you haven't reached out to the community, how do you know that this business is going to be fruitful given the fact that this is not what the Comprehensive Plan is looking to place in this area? Mr. Bremen: I go back to the 95 sites that we've developed, and the other sites within Hampton Roads. We look for those similar things and we do take into account the competition is actually the Freedom Wash is a little bit different in the product that they offer. The Car Spa is a little bit different too. I believe that one has full service as well. That's not what we do. So, the product's a little bit different. I know it seems like you're just watching a car, but the product is genuinely different. So, giving folks the opportunity to use their money to spend it to wash the way that they want, and we think we can provide a more economical better benefit than our competitors also, right? We think that our washcloth price is probably more reasonably than anyone else's and you get a better product. So, it really is the free market coming in. We feel like that key things that we look for in site selection all exist at this location. That is why we are so excited about. Mr. Alcaraz: All right. Thank you. Any other questions, Ms. Byler. Ms. Byler: There's also a car wash, I'm sure you're familiar with on Independence and Edwin, which is a mile or maybe less from this. So that's like three car washes in less than a mile. So, while yours might be best, then I guess that means it's taking business away from the others. Mr. Bremen: I don't look at that way. I think we're growing the pie. If you look at just car wash statistics overall, there's more people, more people coming to wash their car at a car wash than washing in their driveway. So, it's not taking, it's not an end some game, right? Like it's not, we're taking their customers, we're adding to the pie. It's actually what we want. We want people to come wash in a professional car, wash it. So, they're not washing in their driveway using 10 times more water or putting detergents down the storm sewer. Ms. Byler: Thank you. I appreciate your comments. Mr. Alcaraz: All right. Any other questions for the applicant, and its representative. None. Just have a seat. I am going to close it now. Mr. Plumlee: I would like to make some comments and address this. I mean,we're a country of over 300 million cars. We're not going to turn into a pedestrian community overnight next to a super road. I do worry about blight at these locations when you have empty structures for long periods of time. When families have opportunities to transition these sites, they don't come that often and it can be not an ideal, perfect business and sometimes we're in the business of judging what's ideal, and sometimes we're trying to judge what's best in the moment and what's not perfect. I don't see this as a perfect application, and obviously there are issues with the comp plan, but we have in the past proceeded to recommend projects like these. I do worry about something sitting empty for long periods of time, and that we're not going to have an applicant with the strength that this applicant has to come in. So, for those reasons, I would support a motion. Obviously, the motion should include that there be a five- foot width sidewalk. I think it should include that. So, I would support that motion and make that motion if I get support for it. Mr. Alcaraz: All right, Mr. Plumlee, any other comments? Ms. Hippen: So there's been a lot of discussion over several months about the Comprehensive Plan and us sticking to what we foresee that should come in these different areas. I went out to this area, and like I said, I'm very familiar with the area. I used to use Car Spa, okay? I stopped using them. I use somebody else now. There are a lot of car washes in that area. I think that we should stick to the Comprehensive Plan in this case, and your business model sounds great. Please don't get me wrong, and that it sounds great. I just don't think that this is the area for it. I do believe that, that the Rite Aid folks will find someone to take that building over or to take that area over, and my biggest concern is that you haven't talked to people that live in the area to get a feel for what they're looking for in their neighborhood as well. That's one thing that I think you should do every other thing that we go through and approve. We've got letters, we've got notification to the people that live around it, and they're talked to, and I think that's just one thing that an amazing plan that she didn't do that that you should have done for this area. Mr. Alcaraz: All right. Thank you. Any other comments or discussions. All right. I have a motion, but by Mr. Plumlee. I need a second. Mr. Coston: I'll second. Mr. Alcaraz: Second by Mr. Coston. Alright. Thank you. Any other comments discussions. Alright, I have a motion by Mr. Plumlee. I need a second. Planning Administrator: Chairman, can I get one point of clarification? Is that motion with a minimum five-foot sidewalk on both Holland and South Plaza Trail? Mr. Plumlee: Yes. Mr. Alcaraz: That motion is to approve with five-foot. Second by Mr. Coston. Clerk: The vote is open. By a vote of 8:3, agenda item number five has been recommended for denial. AYE 3 NAY 8 ABS 0 ABSENT 0 Alcaraz NAY Anderson NAY B ler NAY Cromwell NAY Coston AYE Cuellar NAY Estaris NAY Hi en NAY Mauch NAY Parks AYE Plumlee AYE CONDITIONS 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled "Carwash Concept Virginia Beach, VA", prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA" prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. 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. 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. ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HUSSAIN SURANI [Applicant] RSS WFCM2015-NXS4-VA-PAD, LLC [Property Owner] Conditional Use Permit(Indoor Recreation Facility) for the property located at 2058 S. Independence Boulevard (GPIN 1485352650). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: July 9, 2024 ■ Background: The applicant is seeking a Conditional Use Permit to operate an Indoor Recreation Facility in a 59,643 square-foot vacant building in an existing shopping center. This facility would be a multi-activity venue for patrons to partake in activities like go- karting and laser tag. The property is located in the Green Run Land Use Plan which designates this area appropriate for commercial or multi-family use. No exterior alterations are proposed with the exception of new signage posted on the building's front and the addition of a bicycle rack at the front of the unit. Hours of operation will be from 8:00 a.m. to 10:00 p.m., Sunday through Thursday, and 8:00 a.m. to midnight Friday and Saturday. 60 full-time and 40 part-time employees are expected. Parking provided on-site exceeds the requirement by 175 spaces. ■ Considerations: Staff finds the proposed use to be an appropriate use for a vacant unit within the shopping center. As a non-residential use in the Suburban Area, as defined by the Comprehensive Plan, the location of this proposed recreation facility near established neighborhoods and multimodal pathways aligns with recommendations of the Comprehensive Plan. Traffic volume is not expected to be impacted on S. Independence Boulevard or Princess Anne Road due to the nature of this business being utilized outside peak weekday traffic hours. To forward goals in the Active Transportation Plan, the applicant was agreeable to adding a bicycle rack on site. One letter of opposition was received after the June 12t" Planning Commission hearing with concerns about security and property value of neighboring residents. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. ■ Recommendation: On June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Hussain Surani Page 2 of 2 1. This Conditional Use Permit applies only to the northernmost building (approximately 59,643 square feet) within the shopping center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development, Permits and Inspections Division, Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to midnight Friday and Saturday. 5. At least one publicly accessible bicycle rack shall be placed in an appropriate area on site. 6. The maximum number of individuals within the facility shall not exceed the maximum occupancy as determined by the Fire Marshal. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. -r \) Submitting Department/Agency: Planning Department C�J City Manager:/�M AgendaApplicant Hussain Surani Item CommissionPlanning • 2024 , Ay nJ • 1 Virginia Beach Request Conditional Use Permit (Indoor Recreation Facility) NESSITTDR .p \ Staff Recommendation OMRE OR > 1 Approval Staff Planner a Rachael Miller Location 2058 S. Independence Boulevard - GPIN "CMStO " 1485352650 �p ' Site Size 6.33 acres AICUZ Less than 65 dB DNL 4 Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/PD-H1 Planned Unity DevelopmentGQ, ( Surrounding Land Uses and Zoning Districts I Q � . . North Buckner Boulevards Multi-family dwellings, Duplex dwellings/PD- H1 Planned Unit Development t ,�'•} r. � �' South ! ; Retail/PD-H1 Planned Unit Development East Multi-family dwellings/PD-H1 Planned Unit 1_. . k 5• Development s r West .. # S. Independence Boulevard i6_, ' � J1 • Single-family dwelling, offices/PD-H1 Planned Unit Development Hussain Surani Agenda Item 14 Page 1 Background & Summary of Proposal • The applicant is seeking a Conditional Use Permit to operate an Indoor Recreation Facility in a vacant building near the intersection of S. Independence Boulevard and Buckner Boulevard on property zoned PD-H1 Planned Unit Development. • Planned Unit Development Districts with commercial areas of three acres or more are limited to principal uses permitted in the B-2 Community Business Districts. Indoor Recreation Facilities greater than 7,500 square feet in the B-2 District require a Conditional Use Permit. Since the subject building is 59,643 square feet,a Conditional Use Permit is required. • The project site falls within the Green Run Land Use Plan. On July 9, 1996,an amendment to redesignate this site from multi-family to commercial and/or multi-family use was approved by City Council. • This facility will provide activities and entertainment for all ages including an electric go-kart track, laser tag area, ropes course,XD theater, party rooms,office spaces, arcade games and a restaurant/bar area.There is currently no plan to sell alcohol. • Hours of operation are from 8:00 a.m.to 10:00 P.m., Sunday through Thursday and 8:00 a.m.to midnight Friday and Saturday. 60 full-time and 40 part-time employees are expected. • Exterior alterations are limited to the installation of new signage.There is an existing bicycle rack at the building's front facade that will remain for patrons and employees to use. • Per Section 203(a)(33)of the Zoning Ordinance,one parking space is required for every 250 square feet for a shopping center of this size.At approximately 183,257 square feet, a total of 733 parking spaces would be required for the shopping center. With 908 existing parking spaces,the shopping center exceeds the parking requirement by 175 spaces. Hussain Surani Agenda Item 14 Page 2 Zoning History # Request 1 LUP(Modification of LUP)Approved 07/09/1996 2 LUP Approved 09/24/2013 CRZ(PD-H to PD-H1)Approved 01/11/1982 LUP(Modification of LUP)Approved 11/25/1974 PD < v LUP(Zoning, Planned Unit Development)Approved Rq' 05/21/1973 LUP(Modification of LUP)Approved 06/14/1971 P�� ,/ % LUP Approved 03/11/1965 �U �A 3 LUP(Modification of LUP)Approved 02/26/2008 4 SVR(Section 4.4(a))Approved 06/09/1998 5 LUP(Modification of LUP)Approved 12/15/1992 6 CUP(Housing for Seniors and Disabled)Approved i sl PD = 05/27/2014 CIRZ(PD-HI to Conditional sp�,c (,SA��FOR 7 0-2)Approved 02/08/2011 MDP Approved 12/12/201 CRZ(Conditional B-4 to Conditional PD-H2(A-12 &36 q FSSq� ; Pt Overlay))Approved 12/12/2017 / tiFo CRZ(R-51)to Conditional A-24, B-4, PD-H2(A-12 �G Overlay))Approved 06/22/1999 Rs e� i B41 8 CRZ(R5-D&R-10 to A-36&PDH2 Overlay)Approved 06/26/2007 9 CUP(Motor Vehicle Rentals)Approved 02/08/2005 10 CRZ(13-1 to B-2)Approved 11/21/1983 11 CRZ(R-8 to B-2)Approved 11/21/1983 CRZ(B-2 to B-4)Approved 08/07/2018 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental EvaluationRecommendation In Staff's opinion,this request for a Conditional Use Permit to operate an Indoor Recreation Facility is acceptable. A large indoor recreation facility is compatible with this larger-scale neighborhood shopping center as it caters to a variety of age ranges and there is adequate parking to support the proposed use. This proposal also, in Staff's opinion, supports the Comprehensive Plan's principle to create and maintain "Great Neighborhoods"as this non-residential use is complementary to the surrounding residential areas. Staff is supportive of this request, as it is a resident-oriented reuse of the former grocery store within the shopping center. The segments of Princess Anne Road and S. Independence Boulevard fronting this site are currently functioning at near capacity and over capacity respectively. However,staff does not anticipate a significant change in traffic based on the proposed hours of operation.This facility will not be open during weekday morning peak hours nor is it expected that this use will generate as much traffic as a commercial use would in weekday afternoon peak hours. The applicant is aware of the Active Transportation Plan's goals for the City and was agreeable to provide a bicycle rack on site to accommodate those who choose to cycle to this indoor recreation facility. Based on these considerations, Staff recommends approval subject to the conditions listed below. Hussain Surani Agenda Item 14 Page 3 Recommended Conditions 1. This Conditional Use Permit applies only to the northernmost building (approximately 59,643 square feet)within the shopping center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning&Community Development, Permits and Inspections Division, Health Department,and the Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The facility shall operate only between the hours of 8:00 a.m.to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to midnight Friday and Saturday. 5. At least one publicly accessible bicycle rack shall be placed in an appropriate area on site. 6. The maximum number of individuals within the facility shall not exceed the maximum occupancy as determined by the Fire Marshal. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. . . Conditions (Green Run LUP • • • 1. Development shall be substantially in conformance with the site plan exhibited to the City Council at public hearing. 2. Design of the project shall be substantially in conformance with architectural renderings,elevations and cross-sections exhibited to the City Council at public hearing.The exterior siding of the structure(s)shall be brick or split-faced brick- colored masonry block. 3. Landscape screening shall be provided along the northern, eastern, and southern property lines, in accordance with the plans exhibited to the City Council at public hearing. The landscape buffer along the eastern boundary, between the commercial and residential portions of Portion H, shall consist of a minimum 40-foot wide buffer, containing a berm and, at a minimum, Category VI landscaping with a solid masonry wall. 4. Buckner Blvd.shall be improved to a four-lane,divided roadway from the intersection with South Independence Blvd., to the eastern property line of the site,to accommodate the increased trip generation associated with the requested land use plan amendment. 5. All berms shall have a maximum slope of one foot rise to three feet of run, and shall have a top width sufficient to accommodate approved landscaping. Hussain Surani Agenda Item 14 Page 4 6. A traffic study shall be submitted prior to site plan approval,to assess the need for any additional street improvements associated with the proposed development, including acceleration/deceleration lanes, possible widening of proposed points of ingress/egress, and a traffic signal on Buckner Blvd. 7. In the event that significant alterations in the approved plan necessary to accommodate on-site BMPs, a well site, or improvements required in conjunction with the traffic study, an additional application for a modification to the land use plan shall be required. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the "Suburban Area".The established guiding principles of the Suburban Area are enabled to protect the stability of the Suburban Area while providing guidance for creating vibrant and distinctive places.The primary guiding principle,to create and maintain "Great Neighborhoods", looks for non-residential uses to be complementary to the existing neighborhood.The proposed indoor recreation site is acceptable as it maintains neighborhood stability by providing residents with multiple indoor options for recreation and is utilizing the infrastructure within an existing commercial area. ResourcesNatural & Cultural • . The site is located in the Chesapeake Bay Watershed.There does not appear to be any significant natural resources associated with the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—5,670 ADT Princess Anne Road 50,020 ADT' 74,000 ADT'(LOS°"D") Proposed Land Use 3—No Change Anticipated Existing Land Use 2—5,670 ADT S. Independence Blvd. 23,600 ADT' 36,900 ADT'(LOS°"E") Proposed Land Use 3—No Change Anticipated 1 Average Daily Trips 2 as defined by a 60,000 s.f. 3 No significant change in traffic 4 LOS=Level of Service general shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP lists this segment of Princess Anne Road as an eight-lane divided major urban arterial. South Independence Boulevard in the vicinity of those application is a four-lane divided major urban arterial.There are no CIP projects in the area. Active Transportation Plan According to the Active Transportation Plan,there is a sidewalk connecting this property to Buckner Boulevard. It is recommended bicycle parking is implemented appropriately on site. Hussain Surani Agenda Item 14 Page 5 Public Utility Impacts 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 May 13, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, May 29, 2024 and June 5, 2024. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2024. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of https://virginiabeach.gov/pc on June 6, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 25, 2024 and July 2, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 24, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virpiniabeach.gov/city-council on July 5, 2024. Hussain Surani Agenda Item 14 Page 6 Proposed Site Layout Js it lU 41 HusseinSurani Agenda Item 14 Page PROPIRTY Of :81" SILHOUETTE CUN31 V4411 r4..,-V.:W) (757) 486-3412 (757) 486 7658 .41 LU TIHE LPS;* CAROWNI&LSIGN COM Safari y — in Fun Park q.bh Ln-rhltiow 2 Independence Blvd T r—T" Va Beach VA n.,,;, 1.AN X r 31995 KD Fx,:5r0NGI M7S S.Wot— Jerry Phelps FLUSH MOUNTED CHANNEL LED LETTERS Scat,' W BLACK ALUMINUM SILHOUETTE 3�8--V-0- f26- X 171" 149.62 5F Dail&& 4 22 24 E !i!m—Am—, PROPOSED(NTS) (D (D 00 Site Photos I-VI;p, s :r. it,sy .s w- 4 :yam 3 I• �� I Site Photos • .6 t A � - -- 1`i.� - 41�§i '�.w�.�^• ��5n �� ... ate„� � .'.� � t ,�,�.' �+� .t .a i Page 10 Disclosure Disclosure 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 HUSSAIN SURANI Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. KYLE D.KORTE Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes ® No • If yes,'ist 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(lit)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 some 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 Hussain Surani Agenda Item 14 Page 11 Disclosure Disclosure Statement X 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 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-collateralizatfon,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. BANCORP/SBA 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. LONG&FOSTER 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. MARK J.KLEIN,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?X Yes ❑No • If yes,identify the firm and individual providing the service. Jason Wistreich,JKR Partners, LLC, 100 East Penn Square,Suite 1080, Philadelphia,PA, 19107 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. Revised 11.09.2020 2 1 P a g e Hussain Surani Agenda Item 14 Page 12 Disclosure Disclosure Statement ID l Yy 4 Ykywi,dendl 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. __ lcffrcy W.Broderick,F,DC,1660 1Iugtunot Road,Midlothian Virginia 23113 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 X NO • If yes,identify the firm and individual providing the service. 8. is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑No • If yes,identify the firm and individual providing the service. KYLE D.KORTE,WOLCOTT RIVERS,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. W Applicant Signature r AlUSsolin c�U�Oln, 1)°7e_m,5k)- Print Name and Title 3 -2?-2y Date Is the applicant also the owner of the subject property? ❑Yes N NO • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications N.dwtw,as n1 Date 6/20/2024 °rYitNin" Rachael Miller Revised 11.09.2020 3 1 P a g e Hussain Surani Agenda Item 14 Page 13 Disclosure DocuSign Envelope ILA D33h K:C9 RDA3-41?49-R7CA-5F71;98E_036E al: 1 Disclosure Statement Planning&Comm Developmen , Owner Disclosure Owner Name RSS WFCM2015-NX54-VA PAD,LLC Applicant Name HUSSAIN SURANI Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?lid Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The member is a REMIC Trust:Wilmington Trust,National Association,as Trustee for the registered holders of Wells Fargo Commercial Mortgage Trust 2015-NXS4,Commercial Mortgage Pass-Through Certificates,Series 2015-NX54 • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) The Owner is wholly owned by the above member which has other wholly owned SPIES not related to the subject property. Known Interest by Public Official or Empiovee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what Is the nature of the interest? '"Pare nt-subsidlary 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(1)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person awn 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 P.g e Hussain Surani Agenda Item 14 Page 14 Disclosure DocuSign Envelope ID:D3381CC9-SD93-4849-67CA-5E71198E038B Disclosure Statement '3 Planning&Community Deveiopntent Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing In connection with the subject of the application or any business operating or to be operated on the property? ❑Yes Ld 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? IN Yes ❑No • If yes,Identify the company and Individual providing the service. COWERS INTERNATIONAL CHRIS READ 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 ff No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes M No • If yes,identify the firm and individual providing the service, S. is there any other pending or proposed purchaser of the subject property?❑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 W 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 E No If yes,identify the firm and individual providing the service. { ! Revised 11.09.2020 6 1 P a g e Hussain Surani Agenda Item 14 Page 15 Disclosure DocuSign Envelope10 D3381CC9-8D93-4B49-B7CA-5E71148E036B Disclosure Statement rYly.y4996.6 Fnn�Planning& Developm Communient A _ _ B. 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. Bil21n Sumberg,Lindsey Parker 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 *signature block provided below" Print Name and Title "signature block provided below* Date RSS WFCM2015-NXS4•VA PAD,LLC,a Virginia limited liability company By: Rialto Capital Advisors,LLC,a Delaware limited liability comp2am 5'?Wffi1Pi` lfj'AA2111T Sit Na °�i`ngerF, Name: Title: Managing Director 1/29/2024 Revised 11.09.2020 7 1 i'c,E e Hussain Surani Agenda Item 14 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 757-385-5692. • 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. Hussain Surani Agenda Item 14 Page 17 �i��• ■ rim OW,FAdr �wv�s ff '19 %// 1 1 1/ 11 11 � 11 11 •/1 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 14 Hussain Surani RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Thank you very much. Item #14, Hussain Surani. Welcome. Mr. Korte: My name is Kyle Korte. I'm an attorneywith Wolcott Rivers in Virginia Beach. I represent the applicant for agenda item 14, which relates to a conditional use permit for an indoor recreational facility at 2058 South Independence Boulevard, and each of the conditions suggested by staff are acceptable. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Parks to read this into the record. Mr. Parks: Thank you. The applicant is seeking a conditional use permit to operate an indoor recreational facility in a vacant building near the intersection of South Independence Boulevard and Buckner Boulevard. The facility will provide activities and entertainment for all ages including electric go-karts, laser tag, rope course, and various other activities. Hours of operation will be 02:00 p.m. to 10:00 p.m., Monday through Thursday, and 11 :00 a.m. to midnight Friday, and 11 :00 a.m. to 10:00 p.m. on Sunday. Hearing no opposition, we recommended that it be placed on the consent agenda. Mr. Plumlee: I think Staff updated the hours to have an earlier opening time. Mr. Parks: Yes, sorry. It's eight 08:00 a.m. to 10:00 p.m. Monday [sic., Sunday] through Thursday, and 08:00 a. m. to midnight on Friday and Saturday. That's correct. Thank you. Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE From: Kaitlen S.Alcock To: Rachael Miller Subject: FW:Hussain Surani"s Conditional Use Permit Application(2058 S.Independence Blvd) Date: Monday,June 17,2024 9:48:55 AM See below. From:Owen Norris<j.owen.norris@gmail.com> Sent: Friday,June 14, 2024 2:42 PM To:William Parks<wparks@vbgov.com>; Kaitlen S. Alcock<KAlcock@vbgov.com> Subject: Hussain Surani's Conditional Use Permit Application (2058 S. Independence Blvd) CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Great Afternoon, First to refresh your memory. I spoke with both of you after the Planning Commission's meeting on Wednesday. I am the HOA President at Buckner Woods Condominiums. Hope this helps. You asked me to send you an email expressing my concerns with this application, since I was ignorant of having to register to speak in person during the meeting. My concerns are: 1) Being a community of 16o units with most of our residents being Senior single females, Senior couples, and families with young children,there is without a doubt a huge concern about security. The only thing that separates Buckner Woods and the rear of that building(the Old Farm Fresh) is our white vinyl fence anyone could simply step over. 2) The time of Surani's proposed hours of operation which were expanded. The obvious problem with the closing time of midnight on weekends. With scores of young people exiting at that hour,we surely don't want them wandering onto our property. 3) This news was even more unwelcomed given that the VBCDC and NAMI have a proposed affordable housing project planned right on the other side of our community.Add to that the hotel that is being built just across the street, we are being bombarded. 4) That leads to a real concern for our property values.This cannot be good. Mr. Parks and Ms.Alcock, please take a serious look at this. I really don't want to feel that no one cares. I'm not sure where the application stands at this point, whether it's been approved or not. Is that something you can keep me informed on? Thank You, Owen Norris President Buckner Woods Board of Directors (757)287-8094 f §zj aJ l4 ell �:�4rvnol/ CITY OF VIRGIINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 106 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICES OF PUBLICATION. MEETING DATE: July 9, 2024 ■ Background: The purpose of this amendment is to align the City Zoning Ordinance with a recent State Code amendment regarding public notification requirements for the Board of Zoning Appeals (BZA). Currently, the City Zoning Ordinance states that a notice shall be published once a week for two successive weeks. Further, the notice must be posted not more than fourteen days before the intended adoption of the item. This amendment would modify the Ordinance to require that a notice be posted twice in a newspaper, not more than 28 days prior to the meeting with the second notice appearing no less than seven days before the meeting. ■ Considerations: This amendment will bring consistency between the language of the Zoning Ordinance and the requirements recently adopted by the General Assembly. The State required notification practices are already being met by the Zoning Division. 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 June 12, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /�o IApplicant City of Virginia Beach Agenda Item Planning Commission Public1 NoticesJB • • • City of Virginia Beach An Ordinance to amend Section 106 of the City Zoning Ordinance pertaining to notices of publication. Summary of • Section 106 of the Zoning Ordinance identifies the procedures for appeals and variances being considered by the Board of Zoning Appeals. More specifically,Section 106 (a) lists all the requirements for public notification.Senate Bill 413 was recently adopted by the General Assembly which modified these notification requirements.This proposed amendment makes the Zoning Ordinance consistent with the adopted legislation. The current requirements of the Zoning Ordinance state that a notice shall be published once a week for two successive weeks (successive weeks meaning that there is not less than six days between publications).The notice must be posted not more than fourteen days before the intended adoption of the item.This request would modify the Ordinance to require that a notice be posted twice in a newspaper, not more than 28 days prior to the meeting with the second notice appearing no less than seven days before the meeting. Recommendation Staff recommends approval of this Ordinance. While the notification practices of the zoning division currently meet the requirements recently adopted by the General Assembly,this request will bring consistency between the language of the Zoning Ordinance and the adopted State legislation. City of Virginia Beach Agenda Item 1 Page 1 1 AN ORDINANCE TO AMEND SECTION 106 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICES OF 4 PUBLICATION 5 6 Section Amended: § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order, 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal, within thirty (30) days of 24 the date of the decision appealed, unless the notice of violation involves temporary 25 or seasonal commercial uses, parking of commercial trucks in residential zoning 26 districts, or similar short-term recurring violations, in which case the appeal period 27 is ten (10) days from the date of the notice of violation. All decisions not timely 28 appealed shall be final and unappealable. In addition thereto, the board shall have 29 such other powers and duties as are set forth in Code of Virginia, § 15.2-2309; 30 provided, however, that the board shall have no authority to hear and decide 31 applications for conditional use permits, and provided further, that written notice as 32 prescribed in Code of Virginia, § 15.2-2204 shall be given at least fifteen (15) days 33 prior to the hearing before the board. Notice shall be published 34 twice in a newspaper having general circulation in the City ('twe 35 SUGGessive weeks" Me-ans that 6UGh R^+i^- shall be publish t least hyiGe�� 36 newspaper, with not less thaR six (6) days elapSiRg behv len the fiFst and ---- 37 PUblisa#ieR). The first notice shall be published no more than fouFtee^ (1^) twenty_ 38 ei ht 28 days before the meeting the intended adeptien and the second notice 39 appearing no less than seven 7 da s before the date of the meeting. The cost of 40 the public notices required by Section 15.2-2204 of the Code of Virginia shall be 41 charged to the applicant. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tannin�gD e p a�rt m e n� City Attorneys Office CA16495 R-2 April 18, 2024 Ordinance 1 AN ORDINANCE TO AMEND SECTION 106 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICES OF 4 PUBLICATION 5 6 Section Amended- § 106 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity; convenience, general welfare, and good zoning 10 practice so require: 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 106. Appeals and variances. 19 20 (a) The board of zoning appeals shall hear and decide appeals from any order. 21 requirement, decision, or determination made by an administrative officer in the 22 administration or enforcement of this ordinance. An appeal shall be filed with the 23 zoning administrator, and include the grounds of appeal. within thirty (30) days of 24 the date of the decision appealed, unless the notice of violation involves temporary 25 or seasonal commercial uses, parking of commercial trucks in residential zoning 26 districts, or similar short-term recurring violations. in which case the appeal period 27 is ten (10) days from the date of the notice of violation. All decisions not timely 28 appealed shall be final and unappealable. In addition thereto, the board shall have 29 such other powers and duties as are set forth in Code of Virginia. § 15.2-2309; 30 provided, however, that the board shall have no authority to hear and decide 31 applications for conditional use permits, and provided further, that written notice as 32 prescribed in Code of Virginia. § 15.2-2204 shall be given at least fifteen (15) days 33 prior to the hearing before the board. Notice shall be published 34 14.1eeks twice in a newspaper having general circulation in the City t 35 " 36 37 . The first notice shall be published no more than #etesr -(fit, twenty_ 38 eight 28 days before the meeting and the second notice 39 appearing no less than seven (7) days before the date of the meeting. The cost of 40 the public notices required by Section 15.2-2204 of the Code of Virginia shall be 41 charged to the applicant. 42 43 . . . . Adopted by the Council of the City of Virginia Beach. Virginia, on the day of . 2024 City of Virginia Beach Agenda Item 1 Page 2 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA16495 R-2 April 18 2024 City of Virginia Beach Agenda Item 1 Page 3 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 1 City of Virginia Beach RECOMMENDED FOR APPROVAL - CONSENT Mr. Alcaraz: All right, thank you. At this time, I'm going to pass it on to our Vice Chair to go ahead with the consent agenda. Ms. Cuellar: Thank you very much, Mr. Chairman. We have 12 items on the consent agenda today, and these are applications that are recommended for approval by staff, and the Planning Commission concurred, and there are no speakers signed up in opposition. Our first item is Agenda Item #1, City of Virginia Beach. Mr. Kemp: Thank you, Chairman, Vice Chair, and members of the Commission. For the record, I'm Kevin Kemp, Zoning Administrator for the City. This first item is an amendment to Section 106 of the Zoning Ordinance, which describes the rules and procedures for the Board of Zoning Appeals. This is a clean-up amendment. The state recently passed Legislation Bill 413, which changed the notification requirement. This makes our ordinance consistent with that state legislation. Just to note, our current practices do adhere to the new state legislation. This just cleans it up. The new notification per our ordinance will be that notices shall be posted twice in a newspaper, not more than 28 days prior to a meeting with a second notice, not more than seven days before the meeting and staff is recommended approval. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Okay, we'll then move forward to our next item. Item #4 and #5, Autobell Car Wash. Is there a representative here today? Ms. Cuellar: Thank you very much. Mr. Chairman, that is our last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items #1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16. Mr. Alcaraz: All right, thank you. Do I have a motion to approve the consent as read by the Vice Chair? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Do I have a second? Second by Mr. Anderson, and we make note that we do have an abstention in number 9 by Commissioner Plumlee. Clerk: Vote is open. By a vote of 11: 0, agenda items number 1, 4, 5, 7, 8, 9, with one abstention from Commissioner Plumlee, 10, 11, 13, 14, 15, and 16 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents)is available at https:Hclerk.virginiabeach. og v/city- council under the eDocs Document Archive. 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