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Home My WebLink About9-3-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �.01A-E40 VICE MAYOR ROSEMARY WILSON-District 5 �` yL� MICHAEL F.BERLUCCHI-District 3 0 .` - BARBARA M.HENLEY-District 2 , r. DAVID HUTCHESON-District 1 U \' , a •ROBERT W. "WORTH"REMICK -District 6 - .. / • DR.AMELIA N.ROSS-HAMMOND-District 4 �o as• ' JENNIFER ROUSE-District 10 •`• JOASHUA F. "JOASH"SCHULMAN-District 9 0•• ""`�•r CHRIS TAYLOR-District 8 SABRINA D.WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYA7TORNEY-MARK D.S17LES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS September 3,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. ZERO WASTE AWARENESS WEEK Maury Hill, Chair—Virginia Beach Clean Community Commission Terry Stevens, Vice Chair—Virginia Beach Clean Community Commission (Requested by Vice Mayor Wilson and Council Members Berlucchi,Hutcheson, Ross-Hammond, Rouse and Schulman) B. REVIEW OF THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER 2:30 PM Lyndon Remias, City Auditor (Requested by Council Members Henley,Taylor and Wooten) II. CITY MANAGER'S BRIEFINGS A. ECONOMIC DEVELOPMENT INVESTMENT PROGRAM (EDIP) 3:00 PM POLICY UPDATE AND PROPOSED SMALL BUSINESS GRANT PROGRAM Amanda Jarratt, Deputy City Manager B. PENDING PLANNING ITEMS 3:30 PM Carrie Bookholt, Deputy Director—Planning III. CITY COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Thomas Powell Calvary Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS August 13, 2024 2. INFORMAL AND FORMAL SESSIONS August 20, 2024 3. FORMAL SESSION August 27, 2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION — Massoud Day Robert Jordan, Representative—Vets4NRF Chief Warrant Officer—United States Navy (Retired) Pastor, Author, Pod Cast Host—The Veterans Outlook Jazz Cannon, Spokesperson—Vets4NRF 2. PROCLAMATION—Childhood Cancer Awareness Month Patty Furco I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES / RESOLUTION 1. Ordinance to AMEND City Code Section 21-230 re traffic calming 2. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 3. Ordinance to PROVIDE direction to the City Manager regarding the partnership with the Virginia Aquarium Foundation and AUTHORIZE a Cost Share Agreement re Facility Inspection Contract 4. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45th Street 5. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Ocean View Avenue at the front of 4724 Ocean View Avenue re maintain an existing landscaping planting bed with timber border DISTRICT 9 6. Resolution to APPROVE the FY-2025 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE$1,823,209 from the Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorders 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority and ACCEPT and APPROPRIATE $100,000 donation from the Authority to the FY 2024-25 Cultural Affairs Operating Budget re development of the Hampton Roads African American Heritage Trail Guide and EXECUTE a Memorandum of Understanding (MOU) with Hampton Roads African American Heritage Trail,Inc.re fund the development of the Trail Guide 8. Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Historic Resources and to the FY 2024-25 Planning and Community Development Operating Budget and AUTHORIZE a$25,000 grant match re update up to five(5)National Registrar of Historic Places nominations 9. Ordinance to ACCEPT and APPROPRIATE $4,280 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a$1,412.40 local match re Project of Assistance in Transitioning from Homelessness Program 10. Ordinance to ACCEPT and APPROPRIATE $1,500 from the Virginia Department of Forestry to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $1,500 local match re Wesleyan Park Tiny Forest Project 11. Ordinance to CARRY FORWARD and APPROPRIATE $6,463,792 into the FY 2024-25 Operating Budget re purposes previously approved in FY 2023-24 12. Ordinance to TRANSFER $8,441,844 to Capital Project 100291 "Operations Facilities Renovations"and APPROVE the Modification of a Construction Contract with MEB General Contractors for Buildings 3, 11 and 33 re address the prospective change order limitations provided by Virginia Code Section 2.2-4309(A) K. PLANNING 1. THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 (Deferred from August 20, 2024) RECOMMENDATION: APPROVAL 2. GREEN CLEAN HOLLAND,LLC/ALP&ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from August 20, 2024) RECOMMENDATION: DENIAL 3. DIAMOND FARROW / STAR REAL ESTATE, LLC for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9(Deferred from August 20, 2024) RECOMMENDATION: APPROVAL L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY 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 WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents)is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@u,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rfe 1876f633440cf9a8329fm3da0e4288 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 3, 2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:00 PM A. ZERO WASTE AWARENESS WEEK Maury Hill, Chair—Virginia Beach Clean Community Commission Terry Stevens, Vice Chair—Virginia Beach Clean Community Commission (Requested by Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Ross-Hammond, Rouse and Schulman) B. REVIEW OF THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER 2:30 PM Lyndon Remias, City Auditor (Requested by Council Members Henley, Taylor and Wooten) II. CITY MANAGER'S BRIEFINGS A. ECONOMIC DEVELOPMENT INVESTMENT PROGRAM (EDIP) 3:00 PM POLICY UPDATE AND PROPOSED SMALL BUSINESS GRANT PROGRAM Amanda Jarratt, Deputy City Manager B. PENDING PLANNING ITEMS 3:30 PM Carrie Bookholt, Deputy Director—Planning III. CITY COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. `Bobby" Dyer B. INVOCATION Pastor Thomas Powell Calvary Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS August 13, 2024 2. INFORMAL AND FORMAL SESSIONS August 20,2024 3. FORMAL SESSION August 27,2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION — Massoud Day Robert Jordan, Representative—Vets4NRF Chief Warrant Officer—United States Navy(Retired) Pastor, Author, Pod Cast Host—The Veterans Outlook Jazz Cannon, Spokesperson—Vets4NRF 2. PROCLAMATION—Childhood Cancer Awareness Month Patty Furco GAN1A•BEAc Ssj441 ,1_,. r (4- OUR NA:'pN totiamation Whereas: Ahmad Shah Massoud is recognized as the National2fero of Afghanistan for his majorcontriflutions towards securing an independent Afghanistan;and Whereas: Ahmad Shah Massoud was a founding father of the resistance against the Soviet 'Union invasion in the 1980s and then against the Tali6an and al--Qaeda in the 1990s; and Whereas: Ahmad Shah Massoud's unrivaled devotion to his people and country allows his legacy to live on after he was assassinated 6y al--Qaeda two days prior to the infamous Septem6er 11, 2001, attacks;and Whereas: Ahmad Shah Massoud's aspiration for a Tree Afghanistan, that is an ally to the Vnited States of America and the Tree world lives on in the NationalWesistance Tront of Afghanistan, now led 6y his son Commander Ahmad Massoud,•and- Whereas: Ahmad Shah Massoud courageously defended the ideals of freedom,democracy, and human rights, which hold an even greater significance today as our world confronts unprecedented threats to these very values;and Whereas: Ahmad Shah Massoud inspired the formation of'Vets4NRF, a V.S.veteran organization supporting the National4esistance Tront,which strives to improve the relationship 6etweenAfghanistan and the'United States of America. Now, Therefore, 6y the authority vested in me, I, Rp6ert M.(Dyer,Mayor of the City of'Virginia Beach, 'Virginia, hereby proclaim: Septem6er 3, 2024 !lassoud cDay in the City of'Virginia Beach,I encourage all residents to stand in solidarity with the freedom Caving people ofAfghanistan and provide hope to those in need. In Witnessiereof, I have hereunto set my hand and caused the Official-Seal-of the City of 'Virginia Beach, 'Virginia, to 6e affled on this Third(Day of Septem6er, Two Thousand and-Twenty- Tour. . 2 °7-d11, •'/q10°A..1 'Rg6ert M. "Bo66y"Dyer - Mayor rflif.r13 -et r° „" �> rct 14._ ilrroCC1ccc�" OF OUR NAr0� Vrottamation Whets= Childhood cancer is the leading cause of death by disease in children;and 4lhiere= 1 in 285 children in the?Altar States will be diagnosed by their 20th birthday;and Whereas; 46 children per day or 16,790 children per year are diagnosed with cancer in the'tV.S;and Whereas: 80%of childhood cancer patients are diagnosed late and with metastatic disease;and Whereas. Two-thirds of childhood cancer patients will have chronic hearth conditions as a result of their treatment toxicity,with one quarter being cfasssfiedas severe to aft-threatening;and Whereas: In the last 30 years only six,new drugs have been approved 6y the DDA to specifical4 treat childhood cancer; and 'Mawr 9fundreds of non-profit organizations at the locarand national level including the American Childhood Cancer Organization are helping children with cancer and their families cope through educational' emotional and financial support;and S4%erear The National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for inatasedfunding to carry this out;and Whereas: Researchers and healthcare professionals workdilgently d dcating their expertise to treat and cure children with cancer;and Wismar Too many children are affected 6y this deadly disease and more must 6e done to raise awareness and find a cure. Wow,'hervfo►t I,4Zpbert M. '43o66y'Oyer,,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Septem6er 2024 Chi&dfiood Cancer Awareness .Nonth In Virginia%mirh,I calf upon all citizens to observe Childhood Cancer Awareness Month and support this cause that so deeply impacts families in every community across the country. In Witness'Whereof I have hereunto set my hand and caused the Official Sear of the City of Virginia Beach, 'Virginia, to be affixed this Thin(may of September,Two 2Tiousand ant Twenty-Four. 40ben M. 'Bogy'Oyer Mayor I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 21-230 re traffic calming 2. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 3. Ordinance to PROVIDE direction to the City Manager regarding the partnership with the Virginia Aquarium Foundation and AUTHORIZE a Cost Share Agreement re Facility Inspection Contract 4. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45th Street 5. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Ocean View Avenue at the front of 4724 Ocean View Avenue re maintain an existing landscaping planting bed with timber border DISTRICT 9 6. Resolution to APPROVE the FY-2025 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE$1,823,209 from the Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re Mental Health,Developmental and Substance Use Disorders 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority and ACCEPT and APPROPRIATE $100,000 donation from the Authority to the FY 2024-25 Cultural Affairs Operating Budget re development of the Hampton Roads African American Heritage Trail Guide and EXECUTE a Memorandum of Understanding (MOU) with Hampton Roads African American Heritage Trail, Inc.re fund the development of the Trail Guide 8. Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Historic Resources and to the FY 2024-25 Planning and Community Development Operating Budget and AUTHORIZE a$25,000 grant match re update up to five(5)National Registrar of Historic Places nominations 9. Ordinance to ACCEPT and APPROPRIATE $4,280 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a$1,412.40 local match re Project of Assistance in Transitioning from Homelessness Program 10. Ordinance to ACCEPT and APPROPRIATE $1,500 from the Virginia Department of Forestry to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $1,500 local match re Wesleyan Park Tiny Forest Project 11. Ordinance to CARRY FORWARD and APPROPRIATE $6,463,792 into the FY 2024-25 Operating Budget re purposes previously approved in FY 2023-24 12. Ordinance to TRANSFER $8,441,844 to Capital Project 100291 "Operations Facilities Renovations"and APPROVE the Modification of a Construction Contract with MEB General Contractors for Buildings 3, 11 and 33 re address the prospective change order limitations provided by Virginia Code Section 2.2-4309(A) Jj 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: September 3, 2024 • Background: In 2001, the City Council enacted a traffic calming program to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets is punishable by a fine of$200. • Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of Council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Beaufain Boulevard in the Charlestown Lakes neighborhood. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance; map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: fg29 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10) Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5. 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. Police De artment City Attorney Office APPROVED AS TO CONTENT: Public Work CA16636 R-1 August 21, 2024 4 eft I •�59) '`�( 74e, 49 •• I•fr ?.YNE 00 t ♦�� 4%© �<p •- oo44•4.. THe v 4, o �► ♦ 4 , . . >, �. , Off• w�� ♦ Off �' <� S �� is, i* .11r• ,_ . ©.„p =•- 4 <9 w ,41,ts 4: 0 +44. 44* Ii. .,o,t10* - -. 40 ' /0-5, ,, 4,Y,,, b 4;4 *tto r • 4*Al e, 16.4. 4 . .Q. '44S) % cOeliat till* - ''''''A! *, Q . ' ss 6-P # 4$'PO'% .o oc 1# S .� o4*. sM * 4 \ ' '<s) •11 Ow(* 64:is 44 # ‘z-• /: co ' 4,, #41, #0 0 484/ 0 ik,44pc . < & I. e.-4z..e>4, A 40/ 00 ,1,04 .4_1,-_,::_a,j >/° #,IiIi. *SIV,"0 l';',/1/4<, aft -14,Qh• / 40 - / vo- •o4p it V 4. • 4.441°G;' *NO 110NOV, II1*4 S! . 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V .p ,�� LOCATION MAP REEK,:4 11i 0 00 ;O ' �11 TRAFFIC CALMING ►V� 4- G gVW �, gor� ` BEAUFAIN BOULEVARD �NS41 , e Feet , .G\ta, it4k.4: ► 0 250 500 1,000 Prepared by P.W./Eng./Eng.Support Services Bureau 07/25/2024 X:\CADD\ProjectsWRC Files\Traffic Calming\Beaufain Blvd\Beaufain Blvd.mxd 411 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation MEETING DATE: September 3, 2024 • Background: The Department of Housing & Neighborhood Preservation submitted their budget for FY2024-25 based on estimated federal award funding. Since the finalization of the City's budget, actual allocations have been announced by the federal government necessitating adjustments to the Department's FY 2024-25 Operating Budget as follows: • Community Development Block Grant (CDBG): Increase of $67,037. These additional funds will be used to support operations, homeless services programs, and affordable housing rehabilitation programs. • HOME Program (HOME): Decrease of $155,722. This will reduce the total funds available for operations as well as affordable housing development programs; however, the operational impact is not expected to be significant. • Emergency Shelter Grant (ESG): Increase of $4,067. These funds will support added homeless services programs and operations. • Housing Opportunity for Persons with AIDS (HOPWA): Increase of $60,097. These funds will support added operations and programs to assist persons with AIDS. • Continuum of Care (COC) Planning Grant: Increase of$48,448. These funds will support added program operations. Additionally, each year the department estimates the amount of CDBG and HOME program income that will be received. The department needs to adjust the appropriations to align with actual amounts received as follows: • CDBG: Total increase of $86,218.69. The department received $88,161.61 over estimated amounts in FY2023-24 and $1,942.92 less than estimated amounts in FY2022-23. These funds will support additional affordable housing and housing rehabilitation programs. • HOME: Total decrease of $4,238.32. The department received $39,054.16 less than estimated amounts in FY2023-24 and $34,815.84 over estimated amounts in FY2022-23. The decrease in funds does not significantly impact the program. • Considerations: The COC grant has a 25% match component that is met through work performed by the existing staff at the Housing Resource Center. The operating budget of the Housing Department can support the match. No additional City funds are being requested to support these items. • Public Information: Normal City Council agenda process • Attachments: Ordinance Recommended Action: Approval Submitting DepartmentiAgency: Department of Housing & Neighborhood Preservation City Manager: / 79 1 AN ORDINANCE TO AMEND VARIOUS FEDERAL GRANT 2 PROGRAMS ADMINISTERED BY THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 WHEREAS, grant funding often spans fiscal years, and the City's financial system 6 keeps grants open in accordance with Section 8 of the Annual Appropriation Ordinance 7 to allow the appropriate accounting of such grants on a grant-by-grant basis; and 8 9 WHEREAS, the Department of Housing and Neighborhood Preservation requires 10 the adjustment of Community Development Block Grants, HOME Program Funds, 11 Emergency Shelter Grants, Housing Opportunities for Persons with AIDS Program, and 12 Continuum of Care Planning Grant; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1 . The following adjustments are made in the Department of Housing and 18 Neighborhood Preservation's FY 2024-25 Operating Budget: 19 a. Increase appropriation by $67,037 for Community Development Block 20 Grant, with federal revenue increased accordingly; 21 b. Decrease appropriation by $155,722 for HOME Program with federal 22 revenue decreased accordingly; 23 c. Increase appropriation by $4,067 for Emergency Shelter Grant, with federal 24 revenue increased accordingly; 25 d. Increase appropriation by $60,097 for Housing Opportunity for Persons with 26 AIDS Program with federal revenue increased accordingly; 27 e. Increase appropriations by $48,448 for Continuum of Care Planning Grant, 28 with federal revenue increased accordingly. 29 30 2. The following adjustments are made in the Department of Housing and 31 Neighborhood Preservation's FY 2023-24 Operating Budget: 32 a. Increase appropriation by $88,161.61 for Community Development Block 33 Grant, with federal revenue increased accordingly; 34 b. Decrease appropriation by $39,054.16 for HOME Program, with federal 35 revenue decreased accordingly. 36 37 3. The following adjustments are made in the Department of Housing and 38 Neighborhood Preservation's FY 2022-23 Operating Budget: 39 c. Decrease appropriation by $1 ,942.92 for Community Development Block 40 Grant, with federal revenue decreased accordingly; 41 d. Increase appropriation by $34,815.84 for HOME Program, with federal 42 revenue increased accordingly. 43 44 4. The local match for the Continuum of Care Planning Grant is to be provided by 45 work performed by the existing staff at the Housing Resource Center. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and a gement Services • orney's Office CA16633 R-1 August 22, 2024 NU � �L fj o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Provide Direction to the City Manager Regarding the City's Partnership with the Virginia Aquarium Foundation and to Authorize a Cost Share Agreement with the Virginia Aquarium Foundation for a Facility Inspection Contract MEETING DATE: September 3, 2024 • Background: In January 2023, the City Council received a presentation for a master plan to expand and renovate the Virginia Aquarium (the "VAQ") at an estimated capital cost ranging between $207-287 million. Due to affordability concerns and stated concerns about the current condition of the facility, the City Council directed staff to explore alternatives to secure the long-term sustainability of the VAQ and health of the animals. As discussed by the City Council at the August 13 and August 27 meetings, there is a desire to further discussions with the Virginia Aquarium Foundation (the "Foundation") regarding the operational model of the VAQ and possible needs for the facility to ensure the health and welfare of the animals. The discussion with the Foundation includes three general areas that require further exploration: (a) Review financial information of the Virginia Aquarium and the Foundation and to seek efficiencies in the operation of the Aquarium; (b) Assess the condition of the Aquarium facility and exhibits; and (c) Pursue State and Federal funding opportunities for the Aquarium. With regard to the immediate needs of the facility, the logical next step is to obtain a condition assessment of the various assets related to the VAQ. Over the many years, the Foundation has constructed exhibits throughout the VAQ, and many of these exhibits are tank exhibits. Assessing the condition of these exhibits is beyond the capability of City and Foundation staff and will require a third-party vendor. The Foundation, as the subject matter expert, has begun market exploration in search of this service and proposed a cost sharing arrangement with the City. Preliminary estimates are $101,000 for an underwater services inspection which would include the following type of work: • inspection of the Aquarium's facilities and equipment including windows, seals, rockwork, exposed pool condition, exposed rebar, spalling, cracking, waterproof coatings, rockwork/theming, exposed plumbing in the Aquarium's animal habitats, etc. Work could also include core samples of artificial rockwork. The Foundation has proposed a 50/50 cost share split with the City for the work performed. There is a possible second phase to the inspection work, which will require a cost share of an additional $50,000. • Considerations: The attached ordinance memorializes the three areas of further exploration with the Foundation. As presented by the Foundation on August 27, the timeline for this work should be completed within a year. For the proposed cost share, the proposed contract with the vendor is to be paid for and executed by the Foundation. The cost share agreement will have the City participating with a not to exceed 50% of the cost of the services rendered. City funds are to be provided through Capital Project PG100463, "Virginia Aquarium Renewal and Replacement III". This project has a current funds availability of$2.2 million. This assessment of the condition and quality of the VAQ's exhibits and underlying infrastructure is something that will benefit both the City and the Foundation in terms of better understanding the condition of the various assets. Per the current City agreement with the Foundation, "The Foundation shall provide the funds necessary for programmed upgrading of permanent exhibits In the event the Foundation dissolves, becomes inactive, or discontinues its active support of the Aquarium, all of the exhibits, including the animals owned by the Foundation and all monies pledged or dedicated to the Aquarium for any existing project shall become the property of the City, and shall be used by the City for the purposes for which they were pledged or dedicated." • Public Information: Normal Council Agenda process. • Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Virginia Aquarium City Manager: (49 1 AN ORDINANCE TO PROVIDE DIRECTION TO THE CITY 2 MANAGER REGARDING THE CITY'S PARTNERSHIP WITH 3 THE VIRGINIA AQUARIUM FOUNDATION AND TO 4 AUTHORIZE A COST SHARE AGREEMENT WITH THE 5 VIRGINIA AQUARIUM FOUNDATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. The City Manager is hereby directed to further discussions with the Virginia Aquarium 11 Foundation (the "Foundation") to: 12 (a) Review financial information of the Virginia Aquarium and the Foundation and 13 to seek efficiencies in the operation of the Aquarium; 14 (b) Assess the condition of the Aquarium facility and exhibits; and 15 (c) Pursue State and Federal funding opportunities for the Aquarium. 16 17 2. In furtherance of 1(b), supra, the City Manager is hereby authorized to execute a cost 18 share agreement with the Foundation to participate in "not to exceed 50%" of the costs 19 associated with a facility inspection contract. The City's financial contribution shall be 20 provided from Capital Project PG100463, "Virginia Aquarium Renewal and 21 Replacement III." 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: Budget and Management Services City tto ey's Office CA16635 R-1 August 22, 2024 DISCLOSURE STATEMENT FORM • • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ____Virginia Aquarium Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of BDO USA your tax return Financial Services (include Towne Bank lending/banking institutions and Truist Bank X current mortgage holders as Atlantic Union Bank applicable) PNC Bank Gratus Wealth Advisors Williams Mullen X n Legal Services Jan Proctor Curtis Group Ruben Communications X n Broker/Contractor/Engineer/Other Abacus Service Providers Providence Computers Blackbaud Financial Edge and Raisers Edge CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Daniel R. Peterson 8/21/24 ozeeve,.. t0' i ) . p_. ,__ APPLICANT'S SIGNATURE PRINT NAME DATE fl6t* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 Sq. Ft. Portion of an Unimproved Right-of-Way Adjacent to the Rear of 317 45th Street MEETING DATE: September 3, 2024 • Background: On September 7, 2021, by Ordinance ORD-3674A, City Council approved the request by Jeffrey and Paige Madrigal (the "Applicants") to close an approximately 334 sq. ft. portion of an unimproved right-of-way (the "Right-of- Way"), adjacent to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164), for the purpose of incorporating the closed area into their adjoining property. • Considerations: There were four (4) conditions to the approval of the street closure: 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. It has been determined that the purchase price to be paid to the City shall be $12,358.00. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicants shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. On August 2, 2022, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3674A. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3708E, approved the extension until September 6, 2023. On August 23, 2023, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3674A. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3751 R, approved the extension until September 6, 2024 The Applicants have submitted a resubdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 20, 2024, the Applicants requested additional time to satisfy said conditions and staff concluded that the request for additional time is reasonable. a Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department , City Manager: ,� 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 334 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 ADJACENT TO THE REAR OF 317 45TH STREET 6 7 WHEREAS, on September 7, 2021, the Council of the City of Virginia Beach 8 acted upon the application of Jeffrey and Paige Madrigal (the "Applicants") for the 9 closure of an approximately 334 sq. ft. portion of an unimproved right-of-way, adjacent 10 to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3674A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 6, 2022; 15 16 WHEREAS, on August 2, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure and, by Ordinance ORD-3708E, 18 City Council approved the extension until September 6, 2023; 19 20 WHEREAS, on August 21, 2023, the Applicants requested an additional 21 extension of time to satisfy the conditions of the street closure and, by Ordinance ORD- 22 3751 R, City Council approved the extension until September 6, 2024; and 23 24 WHEREAS, on August 20, 2024, the Applicants requested an additional 25 extension of time to satisfy the conditions of the street closure. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 That the date for meeting conditions of closure, as stated in the Ordinance 31 adopted on September 7, 2021 (ORD-3674A), upon application of Jeffrey and Paige 32 Madrigal, is extended to September 6, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 35 of , 2024. No GPIN Assigned (Right-of-Way) Adjacent GPIN: 2418-87-5164 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 1aaau1ti/ w City Attorney Planning Department CA16568 1\vbgovcom',dfs 1'.applications\citylawlcycom32\wpdocs\d0211p052\00987707.doc R-1 August 21 , 2024 ' • ,,,, \ R-7.5 i \ , 0,,,\---- -7.5 „\ j _ i OS 1 1_--- R-20 ° h, 0 ea O. ( _1 Legend ��, Site Jeffrey & Paige Madrigal Alley adjacent to 317 45th Street QZoning go immm ii Feet w AIM. I. Parking Lot Drive Aisle 0 1020 40 60 80 OF Building s VBVIRGINIA Disclosure BEACH Statement 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. 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, boards, commissions, or other bodies. SECTION 1 : APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Jeffrey A. Madrigal & Paige E. Madrigal, Co-Trustees of the Madrigal Trust Is Applicant also the Owner of the subject property? Yes®No0 If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes®NoO If yes, name Representative: R. Edward Bourdon, Jr., Esq., Sykes, Bourdon, Ahern & Levy, P.C. Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? Yes®NoO If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Jeffrey A. Madrigal&Paige E. Madrigal,Co-Trustees Does the subject property have a proposed or pending purchaser? Yes 0 No® If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an inte est in he subject land or any proposed development contingent on the subject public action? Yes No If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust, O 0 Caliber Home Loans(MERS) cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation D 0 Architect/Designer/Landscape © Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent 0 O Eric Garner,WPL Legal Services Q O R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy,P.C. APPLICANT CERTIFICATION READ:I certify that all information contained in this 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 three 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. Jeffrey A Madrigal/ Paige E Madrigal 8/21/2024 Applicant Name (Print) pplicant Si nature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY! No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement ( rev. May-2024 page 2 of 3 SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesONo0 If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes() No0 If yes, name proposed or pending purchaser: 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 0 1 yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage, deeds of trust, O 0 cross-collateralization,etc.) Real Estate Broker/Agent/Realtor 0 O Accounting/Tax Return Preparation O _ Architect/Designer/Landscape () () Architect/Land Planner Construction Contractor 0 0 Engineer/Surveyor/Agent 0 0 `Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this 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 three 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. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. May-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a City-owned right-of- way known as Ocean View Avenue, located at the front of 4724 Ocean View Ave. MEETING DATE: September 3, 2024 • Background: Ivan P. Morris and Janet M. Morris (the "Applicants") request permission to maintain an existing landscaping planting bed with a timber border (the "Temporary Encroachment") into a City-owned right-of-way known as Ocean View Avenue (the "Encroachment Area"), located at the front of 4724 Ocean View Avenue. • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS INTO 6 A CITY-OWNED RIGHT-OF-WAY KNOWN 7 AS OCEAN VIEW AVENUE, LOCATED AT 8 THE FRONT OF 4724 OCEAN VIEW 9 AVENUE 10 11 12 WHEREAS, Ivan P. Morris and Janet M. Morris (the "Applicants") request 13 permission to maintain an existing ± 502 square foot landscape bed with a timber border 14 (the "Temporary Encroachment") into a City-owned right-of-way known as Ocean View 15 Avenue (the "Encroachment Area"), located at the front of 4724 Ocean View Avenue 16 (GPIN: 1570-52-9632); 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 right-of-way 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, Ivan P. Morris and Janet M. 27 Morris, their heirs, assigns and successors in title are authorized to maintain the Temporary 28 Encroachment within the City's right-of-way as shown on the map entitled: "EXHIBIT 'A' 29 ENCROACHMENT REQUEST FOR EXISTING ± 502 SQ. FT. LANDSCAPE BED WITH 30 TIMBER BORDER LOT 30A, CHESAPEAKE PARK BLK 5 FOR IVAN & JANET MORRIS 31 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 GPIN: 15705296320000," 32 Scale: 1" = 25', dated June 28, 2024, prepared by Chesapeake Bay Site Solutions, a copy 33 of which is attached hereto as Exhibit"A"and on file in the Department of Public Works and 34 to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach. 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Ivan P. Morris, Janet M. Morris and the City Manager or his authorized 48 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: UB IC WOR S / REAL ESTATE A R. EYER DEPUTY CITYATTORNEY CA 16481 R-2 Prepared: 07/12/2024 \lvbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p050\00978862.doc LOTS 10&11 LOTS 12&13, LOTS 14&15, CHESAPEAKE PARK CHESAPEAKE PARK CHESAPEAKE PARK N/F CHESAPEAKE BAY N/F MINTER N/F CITY OF VIRGINIA BEACH RIDGE TUNNEL DISTRICT 1 GPIN: 1570-52-9781 i GPIN: 1570-62-0628 GPIN: 1570-52-9743 M.B. 4, PG. 47 D.B. 2203 PG. 1438 D.B. 708, PG. 14 M.B. 4, PG. 47 _4 PG. 47 _ — S63' 58' 22NE NORTHAMPTON 50.00' BOULEVARD `-' THIS EXHIBIT IS THE RESULT co (VARIABLE WIDTH R/W) b LOT 30A OF FIELD TILES TO EXISTING CHESAPEAKE BAY & - o CHESAPEAKE PARK o _ MONUMENTS COMBINED WITH BRIDGE TUNNEL DISTRICT 51 g N/F MORRIS 81 o THE COMPILATION OF DEEDS (D.B. 708, PG.14) z IGPIN: 1570-52-9632 AND PLATS SHOWN HEREON M.B. 4 P.74 I `Al AND DOES NOT CONSTITUTE A J (M.B. 54. PG. 47) M.B. 6 P. 123 `" BOUNDARY SURVEY Cl.(M.B. 4, PG. 47) INST: 20200103000009160 THE CITY OF VIRGINIA °-wn THE PROPER1Y OWNER MUST KNOW THAT aBEACH IS NOT (.9 a IF CITY FORCES MUST PERFORM Dec t RESPONSIBLE FOR 6. - MAINTENANCE ACTIVITIES ACCESSING THE #4724 I VERIFICATION OF W > BEACH THROUGH OCEAN VIEW AVE, THE . ' 4-STY-FRM 1 RESTRICTIONS REQUIRED Q> p STRUCTURES MUST BE REMOVED AT THE - BY OTHER ASSOCIATIONS >- Q z OWNER'S EXPENSE IF R.O.W. IS NOT _ OR ACMES. j zO CONDUCIVE. • LOTS 27 & 28, wN ,,' THOU,/ • CHESAPEAKE PARK > • 0 �� F�'D, \ �; j —� /F ABSAR GPIN: 1570-52-9681 • M.B. 4 P. 47 i Con_ I M.B. 163 P. 42 GREGORY 0. MILSTEAD �� INST: 20170413000302500 • :V ��° 1 P 22 r,, Q �1 Zb Lic. No. 047323 f t i` il�. �� 50.00' to 6/28/2024 c °'. 0 0• 220.49' IELD) O. N63' 58' 22"W i 6y i W i SIC°0 0 50.00' ../s`o��1�i •, 12- N ISTING LANDSCAPE BED • WW/TIMBER BORDER ±502 S.F. m 6 OCEAN VIEW AVENUE ty of {/irginia Beach 1 a`PhQ;t © SS (70' RIW) Survey Control Station �4_ (M.B 54, PG. 47) i-028 I- , THE MER/DLIN SOURCE OF THIS LOT 10A PLAT IS BASED ON THE VIRI6/NIA PLANT LEGEND #4721 N/F CHAPMAN STATE PLANE COORDINATE # YUCCA GRASS GPIN: 1570-52-8472-4721 LOT SYSTEM, SOUTH ZONE, NAB #4723 —N/F ATLANTIC DEV. #4715— N/FF MOLINA 1983/1993 (HARK) ' . KNOCK-OUT ROSES ASSOCIATES LLC GPIN: 1570-52-9307-471' COORDINATE VALUES EXPRESSED PAMPAS GRASS GPIN: 1570-52-8472-4723 M.B 4 PG. 47 6810 IN U.S. SURVEY FEET (X) OLEANDER M.B. 4 PG. 47 14 3-N/F FITZGIBBONS BBONS #4713-N/F FITZGIBBONS CACTUS PRICK PEAR INST: 20160908000800340 GPIN: 1570-52-9307-4713 3 25 50 INST: 20160930000877140 INST: 20191009000855110 mi m m mil Feet INST: 20180313000202450 INST: 20110316000271170 SCALE 1"=25' I INST: 20180424000332290 M.B. 161 PG.55 "EXHIBIT A" ENCROACHMENT REQUEST FOR EXISTING ± 502 SQ. FT. CHESAPEAKE BAY LANDSCAPE BED WITH TIMBER BORDER SITE SOLUTIONS LOT 30A, CHESAPEAKE PARK BLK 5 FOR P.O.BOX 6663 IVAN & JANET MORRIS VIRGINIA BEACH,VA.23456 PH.:757-575-3715 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 WWW.CHESAPEAKEBAYSITESOLUTIONS.COM GPIN: 15705296320000 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this ?t'day of AAA , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and IVAN P. MORRIS and JANET M. MORRIS, 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 "30A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 29 & 30 — BLOCK 5 CHESAPEAKE PARK M.B. 4 P. 47 M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated November 25, 2013, prepared by Gallup Surveyors & Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, Instrument Number 20140311000206660, and being further designated, known, and described as 4724 Ocean View Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain a 502 square foot landscape bed with a timber border, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a City-owned right-of-way known as Ocean View Avenue, the "Encroachment Area"; and GPIN: CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE (NO GPIN ASSIGNED) 1570-52-9632 (4724 OCEAN VIEW AVENUE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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 EXISTING ± 502 SQ. FT. LANDSCAPE BED WITH TIMBER BORDER LOT 30A, CHESAPEAKE PARK BLK 5 FOR IVAN & JANET MORRIS 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 GPIN: 15705296320000," Scale: 1" = 25', dated June 28, 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 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 2 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. 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 3 termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, IVAN P. MORRIS AND JANET M. MORRIS, 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. 4 Ivan . Morris %/ Ja et . Mor is STATE OF Vi r3 i h►k CITY/COUNTY OF V\ i,c, c3e..1-01to-wit: The foregoing instrument was acknowledged before me this oa day of L7t7 , 2024, by Ivan P. Morris and Janet M. Morris. (SEAL) Not Public KATHERINE ANITA DRISKILL NOTARY PUBLIC My Notary Registration Number: #00a731 D,3 REGISTRATIONst00273903 1 y COMMONWEALTH OF VIRGMQA My Commission Expires: Id / 3 i j &O a,8 'MY COMMISSION EXPIRES 1or31I S4 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLI WORK — REAL ESTATE • R. HARMEYER DEPUTY CITY ATTORNEY 6 LOTS 10&11 LOTS 12&13, LOTS 14&15, CHESAPEAKE PARK CHESAPEAKE PARK CHESAPEAKE PARK N/F CHESAPEAKE BAY N/F MINTER N/F CRY OF VIRGINIA BEACH /7.- ---.' RIDGE TUNNEL DISTRICT, GPIN: 1570-52-9781 GPIN: 1570-62-0628 GPIN: 1570-52-9743 M.B. 4, PG. 47 D.B. 2203 PG. 1438 D.B. 708, PG. 14 M.B. 4, PG. 47 4 PG. 47 _ S63' 58' 221'E_ _ _ NORTHAMPTON 50.00' - - BOULEVARD `" ,, THIS EXHIBIT IS THE RESULT co (VARIABLE WIDTH R/W) LOT 30A OF FIELD TES TO EXISTING CHESAPEAKE BAY & - o CHESAPEAKE PARK o _ MONUMENTS COMBINED WITH BRIDGE TUNNEL DISTRICT .51 o N/F MORRIS o01 o THE 0OMPLATION OF DEEDS (D.B. 708, PG.14) is GPIN: 1570-52-9632 AND PLATS SHOWN HEREON r 21 M.B. 4 P.74 I N AND DOES NOT CONSTITUTE A (M.B. 54. PG. 47) M.B. 6 P. 123 "' BOUNDARY SURVEY (M.B. 4, PG. 47) INST: 20200103000009160 1 o o THE CITY OF VIRGINIA k a a THE PROPERTY OWNER MUST KNOW THAT iec •—��. • v F CITY FORCES MUST PERFORM BF IS NOT MMNTENANCE AMITIES ACCESSING THE ' t #4724 I VERFICATION OF I W 2 ESPONSIBLE FOR cu. w BEACH THROUGH OCEAN VIEW AVE. THE . 4—STY—FRM 1 RESTRICTIONS REQUIRED I Q l i STRUCTURES MUST BE REMOVED AT THE . ] BY OTHER ASSOCIATIONS OWNER'S EXPENSE F R.O.W. IS NOT Conc. OR AGENCIES. W z CONDUCIVE. J LOTS 27 & 28, N •414.41.` • _L CHESAPEAKE PARK cG ••Il TH(4,0• • — — N/F ABSAR 4.GPIN: 1570-52-9681 +r� � • / I M.B. 4 P. 47 , ' I M.B. 163 P. 42 :8GREGORY 0. MILSTEAD 5•`. • '? 22' INST: 20170413000302500 1 r'- jocae tb Lic. No. 047323 i 1' �w• 50.00' it 6 28 2024 oo ®o®0 O• ° K r0 / • v ® ® 0 • N63' 58 221W 220.49' IELD) r • �`00,® 0 50.00' 0 Cy r �, •P0 TONAL +*� \ 2' °.,g��/ N EXISTING IMDSCAPE BED /j, ®�% Conc. W/TIMBER BORDER t502 S.F. 6 v OCEAN VIEW AVENUE ZCity of Virginia Beach L Asphalt O SS (70' R/W) Survey Control Station —� (M.B 54, PG. 47) E02B • �, w w w THE MERIDIAN SOURCE OF THIS LOT 10A PLAT IS BASED ON THE VIRIGIN/A PLANT LEGEND #4721 N/F CHAPMAN STATE PLANE COORDINATE a YUCCA GRASS GPIN: 1570-52-8472-4721 LOT SYSTEM, SOUTH ZONE, NAD #4723 -N/F ATLANTIC DEV. 4715- N/FF MOUNA 1983/1993 (HARN) KNOCK-OUT ROSES ASSOCIATES LLC GPIN: 1570-52-9307-471 ' COORDINATE VALUES EXPRESSED 'L= PAMPAS GRASS GPIN: 1570-52-8472-4723 M.B 4 PG. 47 �► M.B. 4 PG. 47 } 961186810 IN U.S. SURVEY fttl :� OLEANDER 14713-N/F FITZGIBBONS CACTUS PRICK PEAR INST: 20160908000800340 GPIN: 1570-52-9307-4713 D 25 50 INST: 20160930000877140 I INST: 20191009000855110 Feet INST: 20180313000202450 i INST: 20180424000332290 INST: 20110316000271170 SCALE 1"25' M.B. 1_61 PG.55 "EXHIBIT A" ENCROACHMENT REQUEST FOR EXISTING ± 502 SQ. FT. CHESAPEAKE BAY LANDSCAPE BED WITH TIMBER BORDER SITE SOLUTIONS LOT 30A, CHESAPEAKE PARK BLK 5 FOR P.O.BOX 6663 IVAN & JANET MORRIS VIRGINIA BEACH,VA.23456 PH.:757-575-3715 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 WWW.CHESAPEAKEBAYSITESOLOTIONS.COM GPIN. 15705296320000 S #' , .4 W+I it' .-...4 i J tilt - t!, i • • • :t ems. A , * r+r , , .. • , krt.* - x y i r -- 3 i' F-r 41 r , altillooNt 4rl,-�1s7/ , ifikiati..* ,it: ilk, , I ,. f ..ic,.. „,,,,,ro, ,. . ... ; / -..., , Cr It. J II i ,, ifjet 0,-: ,_ . _ t if/ s LOCATION MAP ,,�: - �qVF ENCROACHMENT REQUEST p ` ' % "i '' FOR IVAN P. MORRIS t.~ `'4 ` ., , AND JANET M. MORRIS Legend so ,`� • t '-".:; pr• ' - ..^ d 4724 OCEAN VIEW AVENUE Q1570-52-9632 1 .` ,�..., GPIN: 1570-52-9632 . „- s•+ r Feet City Property `r. '. 0 25 50 100 Prepared by P.W./Eng./Eng.Support Services Bureau 08/07/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\1570-52-9632\1570-52-9632 Aerial ADA.mxd vi r// N W �t E S • 1+ - .--- ,...oits,. r SITE .E I c111. • F. SHORE R,F 11,. ill' r� / • i OW V iv / / / / / ♦ . �- m / ) r l�O I II / ` ` c / ♦4. `� •♦ ♦ / / / ' /.--- . / I } . Cr ♦ I / / . /1 , / / !♦ I / ' / / . / • • vI !♦ / ! I '` Legend , oc� / . ! I / I , • \ 1570-52-9632 �N VHF 4 LOCATION MAP IIIIIII" �qV ENCROACHMENT REQUEST City Property �F FOR IVAN P. MORRIS 1 Building Footprint - AND JANET M. MORRIS %% Bridges // ♦ . ♦ — 4724 OCEAN VIEW AVENUE Water I / / GPIN: 1570-52-9632 / I / . Imiommem Feet - - - Asphalt Pavement I // / 7' . 0 25 50 100 / J / I Prepared by P.W./Ena./Ena.Support Services Bureau 08/07/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\1570-52-9632\1570-52-9632 ADA.mxc 4. 7 ' : . 0 I \,'.-t" .A • : : *. ••••fp•-- ,..f...- A v /" �' i �7 ,p Ak, 4� t l w .• ^3:- t•' l�(ijr-',,pi1r. 3� '„"3- ,. 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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, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: • as listed on application 1tfl( 010-1 o �1 Is Applicant also the Owner of the subject property. Yes® No0 if no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCL SURE(page 3). Does Applicant have a Representative? Yes® NoO If yes, name Representative: ( r m i f*$" Is Applicant a corporation, partnership, fWrn, business, trust or unincorporated business? Yes No If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes() No If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in he subject land or any proposed development contingent on the subject public action? Yes() Noe If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, cross-collateralization, etc.) I f1.u15-1" Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1: APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape ® o No i ScA?Qs Architect/Land Planner Construction Contractor 0 do Engineer/Surveyor/Agent 0 Legal Services APPLICANT CERTIFICATION READ:I certify that all information contained in this 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 three weeks prior to the meeting of Planning Commission, City Council, VBD CBPA, Wetlands Board or any public body or committee in connection with this application. c l/lt C Applicant Name (Print) Applicant Signature Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. 2 "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code §2.2-3101. • yk FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 SECTION 2: PROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION /� Property Owner Name: LYy� ? 2a Q-5 -ni ±M- 111 (*NS as listed on application 'l ,, Is the Owner a corporation, partnership,firm, business, trust, or unincorporated business? Yes0No® If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes() Noe If yes, name proposed or pending purchaser: 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, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgagee deeds of trust, cross-collateralization, etc.) 0 tLA% Real Estate Broker/Agent/Realtor 0 0 Accounting/Tax Return Preparation 0 0 Architect/Designer/Landscape ® 0 1I,161e-S Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 0 Legal Services 0 0 PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this 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 three 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. 9 • el O2'1.4, �f}N t?. Nioeai5 �- �r"I �"f -/7- 2- Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 M.__..� page 3 of 3 �a[ ,..0,4,zi„, s. I sr _,..sxs.:,::;, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use Disorders, and to Accept and Appropriate State Funds MEETING DATE: September 3, 2024 • Background: The Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for Mental Health, Developmental, and Substance Use Disorder services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract specifies the services to be provided by the CSB, the costs of those services, all revenues used to support the services, lists all state and federal statutory and regulatory requirements applicable to the CSB, and contains outcome and performance measures for the CSB. Under the provisions of§ 37.2-509(A)(5)of the Code of Virginia, DBHDS requires localities to match a minimum of 10% of the total amount of state and local funds. The City of Virginia Beach exceeds this minimum. This contract includes additional funding for State COLA support of$1,697,854 for BHDS staff and increased STEP VA funding for Outpatient, Emergency, Same Day Access, Primary Care Screening, and IT Infrastructure of $125,355 for total additional funding of $1,823,209. These additional funds must be accepted and appropriated by the City Council, prior to being expended. • Considerations: Pursuant to § 37.2-508 of the Code of Virginia, the contract provides a substantial amount of funding needed to maintain important CSB services. The funding sources that support the $75,954,439 contract consist of: o $26,138,226 in total fee revenue, o $25,237,980 in local matching funds from the City, o $19,820,194 in revenue from the Commonwealth, o $3,209,981 in federal revenue, and o $1,548,058 in revenue from other sources The FY 2025 Performance Contract was approved by the Virginia Beach CSB at a board meeting on August 15, 2024. • Public Information: This item will be advertised as part of the regular Council Agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. The 30-day window expired on August 12, 2024. ■ Attachments: Resolution; Exhibit A (Performance Contract Summary) Recommended Action: Approval Submitting Department/Agency: Human Services City Manager:/ 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDERS, 4 AND TO ACCEPT AND APPROPRIATE STATE FUNDS 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services (DBHDS) provides funding for mental health, developmental, and substance use 8 disorder services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at its August 15, 2024 14 meeting, approved the FY 2025 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia. 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA THAT: 19 20 1 . The City Council of Virginia Beach hereby approves the Fiscal Year 2025 21 Performance Contract with the Commonwealth of Virginia, a summary of which is 22 attached as Exhibit A, for a period concluding June 30, 2025. 23 24 2. In accordance with the Performance Contract $1,823,209 is hereby accepted from 25 the Department of Behavioral Health and Developmental Services and appropriated, 26 with revenues increased accordingly, to the FY2024-25 Operating Budget of the 27 Department of Human Services. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ud et and a na ement Services �Ci orne 's Office 9 Y CA16629 R-1 August 22, 2024 FY 2025 Performance Contract Financial Summary Virginia Beach Mental Health Services FY 2025 Beginning Balance FY 2025 Anticpeted Revenues FY 2025 Tnnsden In/Out FY 2025 Estmated Expenditures FY 2025 Estimated Erdih Balance Fund Type . - State Funds $6,158,18200 515,522,750.00 $0.00 $15,522,750.00 $6,158,182.00 Local Matching Funds $0.00 $13,493,233.00 $0.00 533,493,233.00 $000 Fees 50.00 $4,747,918.00 $0.00 $4,747,918.00 $000 Federal funds $0.00 $420,485.00 $0.00 5420,485.00 $0.00 Other Funds 51,557,088.00 $1,007,340.00 $0.00 $1,007,340.00 $1,557,088.00 Total Funds 57,715,270.00 $35,191,72640 $0.00 535,191,726.00 $7,715,270A0 Developmental Services FY 2025 Beginning Balance FY 2025 Anticipated Revenues FY 2025 Transfers In/Out FY 2025 Estimated Expenditures FY 2025 Estimated Ending aalance Fund Type State Funds 5185:329.00 $1,382,53,7.00 $0.00 $1,382,534.00 5185,379.00 Local Matching Funds $0.00 510,139,299.00 $0.00 510,139,29900 $0.00 Fees 50.00 520,911,5.23.00 $0.00 $20,911,523.00 $0.00 Federal Funds $0.00 $0.00 $0.00 $0.00 $0.00 Other Funds 50 00 $323,750.00 $0.00 $323,750.00 $0.00 TOW Funds 5185,329.00 $32,757,106.00 $0400 $32,757,106A0 $185.329.00 Substance Use Disorder Services FY 2025 Beginning Balance FY 2025 Anticipated Revenues FY 2025 Transfers In/Ott FT 2025 Estimated Expenditures FY 2025 Estimated Endng Salome Fund Type State Funds 57--,346.00 $2,914,910.29 $0.00 52,914,910.29 5743,845.00 Local Matching Funds 50.00 51,605,440.00 50.00 $1,605A48.00 $0.00 Fees 50 00 5470,785.00 50.00 5478,785.00 50.00 Federal Funds 50.00 $2,789,496.00 $0.00 $2,789,496.00 50.00 Other Funds $0.00 $226,968.00 $0.00 5216,968.00 $0.00 Total Funds 5743,146.00 $8,005,607.29 $0A0 $B4OOS,6W.28 $743,848A0 Local Match Calculation CSB Administrative Percentage Total State Funds $19,820,194.29 Administrative Expenses $11,338,462.00 Compensation Increase Adjustment -$1,475,332-00 Total Expenses 575,954,439.29 Total Local Funds $25,237,980 00 Administrative Shan of Total Expenoas 14.83% Total Adjusted State and Local Funds S43,552,842 29 Leal Match Per wage 57.919E Exhibit A:Mental Health Set-Pots Funding Source Ft 1023 Be g6Nej 6slance 7Y 2025 Mtkipated Revenues 1r 2025 Transfers Wart FY 2t15 Fsdn»ted E4p0nditutm FY 2025 fottamted Ending 016so.e Comments Fero $0.10 MH MedlMld Fees $s259,316120 54,;59.316.00 SOLO MH Fees:Other $588602.w 5588,602.00 SD 00 TM&Fe $2.00 54741311.00 • SO CO $4,747311g00 $020 Feder&Feeds MO MG Funds MH FOG SED Gild 6 Adolescent(93.956) S225419.70 $225,01900 $0.00 MO FOG Young Idol MO 193.9561 5129,746.00 $129,74040 SO.00 MO F86 Crick Strrices(95.969) $000 %LOD $000 MO FOG 5f41(93.958) $18,315.20 916,715.00 50.00 MH FOG Geriatrics(93.958) $0.03 5020 50.00 MN FBI Peer Services(95.956) S0.00 5040 SO43 Total MA FRG Form $0.00 $973.200.00 $000 537340/03 $020 other MH federal funds MN Fedor!PATH(93.150) $0.03 5040 MN Federal States tool Fuca Recovery Fund(21027i 50.00 $0.00 MH Other Federal-DBMD5 50.03 50.00 MH Other Federal-COVID Support $0.00 $0.00 Mil Other Federal-050 547,405.03 $47,40500 50.12 Tote'Other Federal Surd. $0.03 547,40500 Saw 54740600 $aw Total WPM $0.00 $420,445.90 Sado S62DOM= $020 state Funds Repbnoi fund)-Aa>7cteo Mel Aare Care $023 Saw $o w MN DAP $2,62100 52,62103 $0.03 MH Crisis Stabllhation 66203 MN Transfers from D9HO5 Fatilhies $0.00 MM Expanded Community[opacity $302709.00 $302,70900 $000 MH First Aid end Suicide Prevention 511,57DA0 $11,521.oC $0.30 MH 5EE2-VA Outpatient 544476.00 5647,43600 $687,43600 544,47600 MM STEP-VA Crisis 5637 000.00 $63230000 50.03 MH STEP-VAWms Melt $327,07800 $600m0.m $600,00000 $327,07400 MX-STEP VA Oedd0's Crisis Dispatch $000 MN STEP-VA Peer Support $1S3,60400 $253,404.00 $0.00 MH STEP-VA Veterans Services $102,106110 5702,10640 5020 MH STEP-VA Reginnll Management S0.03 51170 $OLIO MH Faenske Dls5nrge Planning 5489,933.00 5252230.00 $257,13000 $429,93300 MN Pem.aneM6uoPortive Housing 54.922.530.00 $3,933,619.00 $3,933,61900 $4,962,590.00 MO CFT-Assaelmerit SHef 5313,765.00 $348,661.00 $344668A0 $11478.00 MH Crisis Response 6 Chid Psychlsery 5144,36940 $14424900 WO Total Regional Fund+-Restricted 56.156,182.(X $7,171,992.00 5030 S7,171.99290 $6,15418200 R 910004 Fund,-Irn,escolcted MO Recovery $0-w MN Other Merged Regional Funds 51,468,83300 51,468.8353D $000 Mh State Regional Deaf Seniors 5040 Feud Regional Fonds-UMe0193ed 50.20 $1,468,103.00 50.Do 51,466,33300 $000 Nan-Reploned Funds-ResvklF4 MO ChM 1Adolesrtm Services Initiative 5338,6614) S338,66100 %co MO C ildren$Oulpatznt Services $75003 CO $75400.00 $000 MH Juvenile Detention 5111,724.00 $111.72400 $QOD MH Law Reform 5397.79300 $397,79000 Saw MH Pharmacy $29,94900 529,9462C $020 Mil 140 Diversion Sevices 524467020 $241,67023 $000 MO Rural Jail 0verdon $000 MH Docket Plot MOO,Match $00O MN AduR 0vtpadeM Competency Rastaadon Services $040 MU Expand 7elfpsychletry Cepadry $000 MX PACT 5650200= 5850,00040 5000 MM PACT.forensic EMsanoemerd 5200,00003 $200,00000 9000 MH C l0Psyddatric Services $000 MH STEP-MASams 047 Access $299,12403 5798124 CO $0-00 MX STEP-VA Primary Care Screening 5216.602.00 $218,602.00 $000 MH-STEP VA Ancillary Services $270010.00 5270,030.40 $020 MMSTEP VA Psychiatric Rehab6ftadon Services $9.500.00 195,5004C $000 MH-STEP VA Care Coo,dmatien Services $155,304.00 $155,30400 $020 MN-STEP VA Case Management Services $101,662.00 5102,962 C $040 MH-STEP VA Data Systems and Clinician,Processes $000 MH Young Mutt SM' $O.70 MO Orse-Time Restricted 5tebe funds $206,61500 $208,11510 $000 TotA1 N00-Reiond Fondt.Restricted $0.03 53,584.101.00 50.w 53,594,101 W $000 No,r-Aa9lolol Feeds-uraeatrkted MH State Chddren'a Services 525,03000 525,0:090 $040 MH Demo Prof.5yslern of Care(Cold) ZOO MH State Funds 53,26242400 $3,262,82403 5340 MH Slate NORI fulls 5000 Mai Deriat,K Servitor $020 MM One-nme Slate Funds 5003 Total Nonieglond fund,-Unrestricted SO.oc 53,267,82400 $0.0. 53,207,824.00 50.01 Total Slate Arndt 56,15414200 $15,572.750.00 $0.00 515,512,79000 56,156,182.00 Ogre Funds MM Other Funds $1,552,08500 51,007,540.00 $1,037440.00 31,557,08800 Tote Other Fends 01,5570410.00 $7007.340.00 50.80 41207,940.00 51,547046.03 Lod Matching Fields MH Local GOV... tnt Appropriations 513,193.232.00 513,19323800 %CO MH PhtaMhropic Cash Contributions $000 MH Inilnd ConMoutionr $0.w MH tool interest Revenue $0.00 Total ten!Matehing Funds $000 $18493,23300 $0.00 $13,493,23320 $0.00 Tato MU Funds $7.715270.00 535,191,72600 $0.00 533.191,726.00 97,711,190o FAddbl A:Developmental SeMat Amery Source FY 2025 Bepmnina la knot FY 2025 Anti imbed Revenues re 2025 Trentham s/out FY 2025 Esti meted EmendM m FT 2025 Fatlmat.d tiding Balance Co nmmta NM MOO DV Mediaid DO WsMert 50.131423A0 55630,423.00 $0.0[ DV Other Met/Male Fee. SCA2 DV Medicaid K'/IOD Fees SI1335393A0 S11,555,593.00 SC UO DV Fees:other 5517407LO 5537,507.00 $am Total DV Fees $0A0 S20.811,571.01 .Saco $20.911323A0 $0,00 Fedeeo/Fond, DV Other Federal-DMID5 SO CO DV Other Federal-CONK Support $000 DV Other Federal-058 $0.00 Total Federal Fonda Woo Soto $0.00 50.00 $0.00 Stott funds Regloncl Funds-8esbict0d DV Glob 3Ub1/lao0n-Adult $0.30 DV CrD3 STabi82ation-Cldldren $0.00 DV Transfers from MINDS 0.933 s $0.00 T01a1 Reston.)Funs-Reitrkted 50.00 $0O0 50.00 SOAO 50.110 Non-iteplana Furls-8esar_Ud VI DV Trust Fund $0 0 DV Renal Subsidies $185,329.00 $1.15,329.O0 DV Csuordl3F0315 Fundlne S0A0 DV One-Time Restricted State Funds $0,00 ToUl Non-Regional Funk-Restricted $185,3329.00 Saw $0.00 $0.03 $185429.00 Non-Ra9:ond Fords-Unrestricted DV MMU Funds 51.382,534.0: 51 362,531.m $0.00 DV OBRA Funds $000 DV Dne5lme State Funds $0A0 Tots/NonYt9unsal Funds-Unrest dded $0.00 55.302,53000 S0507 S1,382,53400 50.00 Total Rate Fonds 5115,329A0 51,312 534.00 $0.00 $1,302,53400 $105,329.00 Other Furls DV Vier swap Funds SDAO DV Other fonds 511I.750.01 5323.75000 OM Total Other Feeds $0.00 $123,750.00 $0.00 5321.7SOA0 $0.00 loud Matching Funds DV local Government Appropriations $10,_35,855.00 510,135,155.00 5aC0 DV Pt,Oan!Itopic Cash Contributions 52.444.00 $5,44A0 50.00 DV u5Kind Ca9Odbutlons $0.00 DV loaf Interest Revenue $0.0 Tot trial Matching Fords $0.00 510,15943/9.00 S000 510,1w,219O0 $$0.00 Total DV Funds S133.329.00 532,752406.0o $0.a1 $17.757.11G00 5t/5329.00 inhibit A:Substance Use Disorder Services Funding Source FY 1025 Beginning Balance FY 2025 Anticipated Revenues FY 20I5 Transfer In/Out FT 3065 Intimated Fnpend'Nras FT 2025 estimated Emory Bohm. Continents Fres SOLO 5JD Medicaid Fees 5477986.DO $477,986.00 $O.DO SUD Fees:Otter $79900 5799.07 5000 font Fan $0.00 $111.78600 50m $476,185m One Federal Fumda SUD FOG Funds SUD FOG Alton snd Drug Treatment(93.959) S1,976,012 00 51,376,012m $000 SUD FBG Recovery 193.959) $0.DD SUD FBG Worrier(Includes OAK r 6 C56s)(93959) 5155,507m 515.5,507m 50m SUD FBG Prevnuion(93.9994 5301,342m 5301942.03 SOm rota}SUD FBGF Lod, $0.03 51.632,8610D 5000 $1932,861m 50-00 Other5UD Hdnel Funds SL D feder6 VARY Youth 493243) SO CO MN HOMI Stags local FLoI Recovery Fund(21.037) $pOO SUD federal Oplold Response-Recovery(93.786) $342.17600 $342,17600 $0.o0 AID Federal0pbld Response-Treatment(93.7884 $223,174m S223,174,00 $000 SUD Federal Oplold Response-Prevention(93.7884 5102.67600 $102,6780C $Jm MN Other Feder.)-00603 5275,a1600 5271,11600 5000 NH Other Federal-[OVID Support 50.00 ASH Other Federal-CSB $12,79100 $12,79100 $0.00 Total Other FederaI Funds $0.00 5956,635.00 50.00 5956,63SOC Sam Teal FWenl Funds 50.00 52,719,49600 $0m $2.785,66.00 $4.00 Ante Funds Regional Funds-So:A mm it SUD Facility Reinvestment 5396,697.W 5396,697OC SUD Innaten from(MHOS Fad Ines 58p0 SUD Community Detozi6utian $0.00 SUD STEP-VA $a00 Tsil Rgbryl Funds-Restricted $396,69700 S0D0 50.03 50.00 5396,887m Nan-Reg/ono!Funds-Restricted SUD COmmunNY490 SUD Treatment&Mces $000 SUD Worsen)Incl0Oes UNK at 4 CSBs) $22,103.26 522,303.26 $0,00 5UO MAT $131,25122 $131,251.E2 $Dm SUD Prmmint Suppor0ve Housing 5om 9.10 SAAMS ' $46,01034 546,010.34 SD,00 SUD Recovery 5007 SUD DC Trabdn(nW Youth Senhea/COVID $342,073.70 5142073,70 $0,00 SUD One-Time Rtlbldird State Funds 50.00 Thal Neo6gionel Fuma-Restricted $080 $341,639.12 $0.00 5341 639.17 Sam Non-6apkael Fwda-Lnreieicted SUD state funds 5347,149.00 52.333,3064 52.388,896.54 5347,149,00 SUD Region V RnldentieI $191,21500 5191,211.00 5000 sus Ian Scrvlcea/luvenle Detention $12,26731 $22,267.63 50.00 SUD HN/AIDS $30,39200 $30,192m 50,0C SUD One-Time Site Funds So.DD Tell N0Mtaalonal Funds-Unrestricted S547,149O0 $2,573,211.17 $0.00 52,579,271.17 $317,14900 Toil Stale fwd. $7,1046.00 52r914,9$0.21 $Dm 51,914910.29 $743f46.00 Other Funds SUD Other Funds $216,96900 5216,36800 Sam TOW Mar Funds 50.00 SI1w3.90 $0.00 5216y68.00 $0.00 tool Matdan'herds SUD 1p5l Government APProCitebolis $1.605,440D0 51,605,a4A00 SOD P99antnreplc test Contributions 50.00 SUD In-Rlnd COMra:Ohm $0m 3U01cgt Interest Revenue TWO local Matichng Funds $0.00 SLicem5.0 50.00 51,605,448.00 $0.00 Total SIR)Funds $743.444.00 $I,909.607.29 $0.00 $6,005,n0729 $743,546,99 Financial/Service Cost Difference Mental Health Services Developmental Services Substance Use Disorder Services Emergency Services Ancillary Services Total Total Estimated Financial Expenses 535,191,726.00 $32,757,106.00 58,005,607.29 $75,954,439.29 Total Estimated Service Costs $31,642,245.00 532,452,088.00 56,269,758.29 $4,766,831.00 $823,517.00 575,954,439.29 Difference $3,549,481.00 $305,018.00 $1,735,849.00 -$4,766,831.00 -$823,517.00 $0.00 Difference Amounts $0.00 Difference is Explained Explanation: Service Cost information Service Description(Mental Health Services) Cost Individuals Served FTEs Beds Slots 250 Mental Health Acute Psychiatric Inpatient Services/or Substance Disorder inpatient Services $0.00 0.00 0.00 310 Outpatient Services $8,168,414.00 2500.00 47.92 312 Medical Services 55,045,908.00 2650.00 25.00 320 Case Management Services 58,024,407.00 950.00 61.68 350 Assertive Community Treatment 52,244,458.00 100.00 12.93 410 Day Treatment or Partial Hospitalization 50.00 0.00 0.00 425(MH)Rehabilitation/(Dev)Habilitation/(SUD)Rehabilitation $1,636,230.00 100.00 40.00 430 Sheltered Employment $0.00 0.00 0.00 460 individual Supported Employment $410,239.00 30.00 2.30 465 Group Supported Employment $0.00 0.00 0.00 501 Mental Health Residential Treatment Centers/or DD Community ICFs for Individuals with DD/or SUD Medically Managed Withdrawal Services 50.00 0.00 0.00 510 Residential Crisis Stabilization Services 50.00 0.00 0.00 521 intensive Residential Services $240,000.00 4.00 5.00 551 Supervised Residential Services $783,477.00 40.00 32.00 581 Supportive Residential Services $4,991,241.00 200.00 11.69 610 Prevention Services $97,871.00 0.60 803 Total Pharmacy Medication Supports Consumers 250.00 Total $31,642,2A5.00 6814.00 162.12 37.00 40.00 Service Description(Developmental Services) Cost Individuals Served Fits Beds Slots 310 Outpatient Services $0.00 0.00 0.00 312 Medical Services $0.00 0.00 0.00 320 Case Management Services $5,192,909.00 980.00 34.52 425(MH)Rehabiliitation/(Dev)Habilitation/(SUD)Rehabilitation $5,180,365.00 100.00 43.00 430 Sheltered Employment 0.00 0.00 460 Individual Supported Employment $1,197,189.00 200.00 11.80 465 Group Supported Employment $871,512.00 25.00 10.00 501 Mental Health Residential Treatment Centers/or OD Community ICFs for Individuals with DD/or SUD Medically Managed Withdrawal Services 517,676,193.00 38.00 38.00 510 Residential Crisis Stabilization Services $0.00 0.00 0.00 521 intensive Residential Services 54,356,244.00 25.00 25.00 551 Supervised Residential Services S998,035.00 7.00 7.00 581 Supportive Residential Services 51,979,641.00 55.00 25.40 610 Prevention Services $0.00 0.00 Total 532,452,080.00 1430.00 71.72 70.00 53.00 Service Description(Substance Use Disorder Services) Cost individuals Served FTEs Beds Slots 250 Mental Health Acute Psychiatric Inpatient Services/or Substance Disorder Inpatient Services $0.00 0.00 0.00 260 Community-Based Substance Use Disorder Medical Detoxification Inpatient Services $0.00 0.00 0.00 310 Outpatient Services $1,221,467.00 470.00 7.16 312 Merfical Services 50.00 0.00 0.00 313 Intensive Outpatient Services $2,486,872.29 100.00 13.92 320 Case Management Services $742,047.00 60.00 1.95 335 Medication Assisted Treatment Services 5832,153.00 120.00 2.00 410 Day Treatment or Partial Hospitalization 50.00 0.00 0.00 425(MH)Rehabilitation/(Devi Habilitation/(SUD)Rehabilitation $0.00 0.00 0.00 430 Sheltered Employment 50.00 0.00 0.00 460 individual Supported Employment $0.00 0.00 0.00 465 Group Supported Employment $0.00 0.00 0.00 501 Mental Health Residential Treatment Centers/or DD Community ICrs for Individuals with DD/or SUD Medically Managed Withdrawal Services $0.00 0.00 0.00 510 Residential Crisis Stabilization Services 50.00 0.00 0.00 521 Intensive Residential Services $0.00 0.00 2.00 551 Supervised Residential Services $150,000.00 7.00 2.00 581 Supportive Residential Services $0.00 0.00 0.00 610 Prevention Services $837,219.00 5.40 Total S6,269,758.29 757.00 30.43 4.00 0.00 Service Description(Emergency Services and Andllary Services) Cost Individuals Served FTEs Bads Slots 100 Emergency Services $4,766,831.00 2500.00 32.18 318 Motivational Treatment Services $0.00 0.00 0.00 390 Consumer Monitoring Services 5693,291.00 500.00 8.79 620 Early Intervention Services $0.00 0.00 0.00 720 Assessment and Evaluation Services $130,226.00 500.00 1.05 730 Consumer Run Services(No.Individuals Served) $0.00 Total $5,590,348.00 3500.00 42.02 Ft CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund the Development of a Hampton Roads African American Heritage Trail Guide, To Accept and Appropriate Funding from the Virginia Tourism Authority, and to Execute a Memorandum of Understanding with Hampton Roads African American Heritage Trail, Inc. Regarding Expenditure of Funding from the Virginia Tourism Authority MEETING DATE: September 3, 2024 • Background: In the most recently adopted state budget, the Virginia General Assembly, with the Governor concurring, authorized one hundred thousand dollars ($100,000) ("Funding") to be appropriated by the Virginia Tourism Authority, doing business as Virginia Tourism Corporation ("VTC"), to the City of Virginia Beach ("City") to be used solely by Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") to develop an African American heritage trail guide ("Guide"). The VTC and the City are proposing to enter into a memorandum of understanding ("MOU")whereby the City will be the recipient of the Funding. The City and the HRAAHT are proposing to enter into a separate memorandum of understanding whereby the City will provide the Funding to the HRAAHT for the purpose of developing the Guide ("HRAAHT MOU"). • Considerations: Under the terms of the proposed MOU between the City and VTC, the City will 1) receive the Funding from the VTC to be used solely by HRAAHT for the development of the Guide and not for any other purpose; and 2) submit an invoice to VTC for the Funding. The terms of the proposed HRAAHT MOU require HRAAHT to: 1) plan and develop the Guide, and be fully liable and responsible to the City for development of the Guide; 2) use the Funding solely for the development of the Guide and not for any other purpose; 3) provide the City with a final written report listing activities and evaluating its success no later than fifty (50) days after the end of the term of the HRAAHT MOU; and 4) retain all reports relating to the project for five years after completion. • Public Information: Normal Council Agenda process. • Attachments: Ordinance, Summary of Terms, and Disclosure Form Recommended Action: Approval Submitting Department/Agency: City Manager's Office I Legislative Affairs City Managerftp 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 3 THE VIRGINIA TOURISM AUTHORITY TO FUND THE 4 DEVELOPMENT OF A HAMPTON ROADS AFRICAN 5 AMERICAN HERITAGE TRAIL GUIDE, TO ACCEPT AND 6 APPROPRIATE FUNDING FROM THE VIRGINIA TOURISM 7 AUTHORITY, AND TO EXECUTE A MEMORANDUM OF 8 UNDERSTANDING WITH HAMPTON ROADS AFRICAN 9 AMERICAN HERITAGE TRAIL, INC. REGARDING 10 EXPENDITURE OF FUNDING FROM THE VIRGINIA 11 TOURISM AUTHORITY 12 13 WHEREAS, in the most recently adopted state budget, the Virginia General 14 Assembly, with the Governor concurring, authorized one hundred thousand dollars 15 ($100,000) ("Funding") to be appropriated by the Virginia Tourism Authority, doing 16 business as Virginia Tourism Corporation ("VTC"), to the City of Virginia Beach ("City") to 17 be used solely by Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") to 18 develop an African American heritage trail guide ("Guide"); and 19 20 WHEREAS, the VTC and the City are proposing to enter into a memorandum of 21 understanding ("MOU") whereby the City will be the recipient of the Funding; and 22 23 WHEREAS, the City and the HRAAHT are proposing to enter into a separate 24 memorandum of understanding whereby the City will provide the Funding to the HRAAHT 25 for the purpose of developing the Guide ("HRAAHT MOU"); and 26 27 WHEREAS, under the terms of the proposed MOU between the City and VTC, the 28 City will 1) receive the Funding from the VTC to be used solely by HRAAHT for the 29 development of the Guide and not for any other purpose; and 2) submit an invoice to VTC 30 for the Funding; and 31 32 WHEREAS, the terms of the proposed HRAAHT MOU require HRAAHT to: 1) plan 33 and develop the Guide, and be fully liable and responsible to the City for development of 34 the Guide; 2) use the Funding solely for the development of the Guide and not for any 35 other purpose; 3) provide the City with a written final report listing activities and evaluating 36 its success no later than fifty (50) days after the end of the term of the HRAAHT MOU; 37 and 4) retain all reports relating to the project for five years after completion; and 38 39 WHEREAS, the MOU does not require an additional or matching donation from 40 the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, THAT: 44 45 1. The City Manager is hereby authorized to execute a Memorandum of 46 Understanding with the Virginia Tourism Authority to fund the development of a 47 Hampton Roads African American Heritage Trail Guide, in accordance with the 48 Summary of Terms, attached hereto as Exhibit A, and other such terms, conditions 49 and modifications as may be acceptable to the City Manager and in a form deemed 50 satisfactory by the City Attorney. 51 52 2. A $100,000 donation is hereby accepted from the Virginia Tourism Authority and 53 appropriated, with miscellaneous revenue increased accordingly, to the FY 2024- 54 25 Operating Budget of Cultural Affairs for the purpose of funding the development 55 of a Hampton Roads African American Heritage Trail Guide. 56 57 3. The City Manager is hereby authorized to execute a Memorandum of 58 Understanding with the Hampton Roads African American Heritage Trail, Inc. to 59 fund the development of a Hampton Roads African American Heritage Trail Guide, 60 in accordance with the Summary of Terms, attached hereto as Exhibit B, and other 61 such terms, conditions and modifications as may be acceptable to the City 62 Manager and in a form deemed satisfactory by the City Attorney. 63 64 Requires an affirmative vote by a majority of all the members of City Council. 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: .44./7 , ill;,,., _____ udget a d anagement Services ity Attorney's Office CA16627 R-1 August 21, 2024 EXHIBIT A SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING("MOU") PARTIES: The City of Virginia Beach("City") Virginia Tourism Authority, d/b/a Virginia Tourism Corporation("VTC") TERM: The MOU expires on June 30, 2025. PURPOSE: The City will be the recipient of one hundred thousand dollars ($100,000), to be appropriated by VTC ("Funding"), to be used solely by Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") to develop a Hampton Roads African American heritage trail guide("Guide"). TERMS: The MOU requires VTC to: • Provide Funding to the City to be used by HRAAHT to develop the Guide and not for any other purpose. • Make payment within thirty(30)days of receipt of an invoice from the City. The MOU requires the City to: • Use the Funding solely for HRAAHT to develop the Guide. • Submit an invoice to VTC for the Funding. The MOU does not require an additional or matching donation from the City. EXHIBIT B SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES: The City of Virginia Beach("City") Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") TERM: The MOU expires on September 30, 2025. PURPOSE: City will provide one hundred thousand dollars ($100,000), to be provided by Virginia Tourism Authority, d/b/a Virginia Tourism Association ("VTC") ("Funding"), to HRAAHT for the purpose of developing a Hampton Roads African American heritage trail guide("Guide"). TERMS: The MOU requires the City to: • Upon receipt of Funding, pay Funding to HRAAHT to be used solely for the development of the Guide. The MOU requires HRAAHT to: • Plan and develop the Guide and be fully liable and responsible to the City for development of the Guide. • Use the Funding solely for the development of the Guide and not for any other purpose. • Provide the City with a final written report listing activities and evaluating success no later than fifty(50)days after the end of the term of the MOU. • Retain all reports relating to the MOU for five years after completion of the MOU. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) an Accounting and/or preparer of Vt V MDR-FOLK A(COtfnt-fi y your tax return 'OE PA4.-rkkQ4.-r Financial Services (include n 2 lending/banking institutions and current mortgage holders as applicable) a Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. �t IN o E /az/?,o1 ' APPLICA T'S SI� PRINT NAME DATE 'rS N�^ H Lt f>i, 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Historic Resources and to Authorize a Grant Match MEETING DATE: September 3, 2024 • Background: The Virginia Department of Historic Resources (DHR), the State Historic Preservation Office, administers the U.S. Department of the Interior's (DOI) Historic Preservation Fund (HPF) in cooperation with the National Park Service. Under this program, the DOI specifies that at least ten (10) percent of Virginia's annual HPF program award be designated as pass-through funding to Certified Local Governments (CLG) each year. Virginia Beach is a CLG and eligible to apply for these funds. The Department of Planning and Community Development prepared and submitted a CLG grant application in April 2024. Initial notification of the award from DHR was received on June 4, 2024 to notify the City of Virginia Beach that a subgrant award in the amount of$22,500 has been awarded. A match of$25,000 from the City of Virginia Beach is required. A formal letter of the grant award followed in August 2024. Grant funds will be used to update up to five National Register of Historic Places nomination forms for Virginia Beach resources that were originally listed in the 1970s and 1980s: Pleasant Hall, Weblin House, Upper Wolfsnare, Seatack Life Saving Station/U.S.C.G. Station, and the deWitt Cottage. These early nominations satisfied scholarship requirements at the time but lack the same level of research and depth of information that are provided in nominations today. Updates to these nominations will better document the history of Virginia Beach and Princess Anne County and will bolster long-term planning efforts, including disaster and resilience planning, for these valuable historic resources. • Considerations: A local match of$25,000 is required for this grant. The source of the match is the Department of Planning and Community Development FY2024-25 Operating budget. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager: A-0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO AUTHORIZE A GRANT MATCH 4 5 WHEREAS, in April 2024,the Department of Planning and Community Development 6 prepared and submitted a Certified Local Governments grant application, and 7 8 WHEREAS, a letter was received from the Virginia Department of Historic 9 Resources in August 2024 to notify the City of a grant award in the amount of$22,500, 10 and 11 12 WHEREAS, an amount of$25,000 of matching funds from the City is required. 13 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 1. $22,500 is hereby accepted from the Virginia Department of Historic Resources and 18 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 19 Budget of the Department of Planning and Community Development to update up to 20 five National Registrar of Historic Places nominations; 21 22 2. A local grant match of$25,000 is hereby authorized from existing resources in the 23 Department of Planning and Community Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget n anagement Services orn s CA16634 R-1 August 22, 2024 (t s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Project of Assistance in Transition from Homelessness Program and to Authorize a Local Match MEETING DATE: September 3, 2024 • Background: Virginia Department of Behavioral Health and Developmental Services provides ongoing and one-time funds to support the Virginia Beach Department of Human Services for the Project for Assistance in Transitioning from Homelessness (PATH) program. The PATH program provides support to clients who have experienced homelessness to secure housing. • Considerations: This is one-time funding of $4,280 to support staff training and travel as well as outreach services. A local match of 33% or$1,412.40 is required and is funded through the existing budgeted DHS local contribution. Funds must be fully expended by September 30, 2025. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Departme gency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE PROJECT OF ASSISTANCE IN 3 TRANSITION FROM HOMELESSNESS PROGRAM AND TO 4 AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $4,280 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue increased 11 accordingly, to the FY 2024-25 Operating Budget of the Department of 12 Human Services for the Project of Assistance in Transitioning from 13 Homelessness Program. 14 15 2) A required local match in the amount of $1 ,412.40 is hereby authorized to be 16 provided from the Operating Budget of the Department of Human Services. 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 and nagement Services Heys Office CA16628 R-1 August 22, 2024 S CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Forestry's Virginia Trees for Clean Water Grant Program and to Authorize a Local Match MEETING DATE: September 3, 2024 ■ Background: The Virginia Trees for Clean Water Grant Program offered by the Virginia Department of Forestry was established to encourage the creation of long-term, sustained canopy cover to improve water quality by funding tree-planting efforts that raise public awareness of the impact's trees have on water quality. On August 15, 2024, the Virginia Beach Parks & Recreation Department received notification of the approved grant award of $1 ,500. The funds will be used to plan, plant, and digitize a tiny forest in Wesleyan Park. The project will be done in collaboration with students from Bayside High School to raise public awareness of ecological issues. In 2012, the City of Virginia Beach contracted a LiDAR study to quantify the Urban Tree Canopy (UTC), which showed 41.7% canopy coverage. When the study was repeated in 2018, results showed a 1 .34% net loss of canopy cover when compared to 2012. This equates to an estimated 219,105 trees that were removed and not measurably replaced. The newest Urban Forest Management Plan for Virginia Beach, to be finalized in 2024, sets a target of 45% UTC by 2045. The Wesleyan Park Tiny Forest Project will help to achieve this goal. ■ Considerations: The grant requires a $1,500 match from the City which will be paid from the Tree Mitigation Fund. The funds must be used by May, 1 2025. ■ Public Information: Normal Council Agenda Process • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager/9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF FORESTRY'S 3 VIRGINIA TREES FOR CLEAN WATER GRANT PROGRAM 4 AND TO AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $1,500 is hereby accepted from the Virginia Department of Forestry and 10 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 11 Budget of Parks & Recreation for the Wesleyan Park Tiny Forest Project. 12 13 2) A local match of $1 ,500 is hereby authorized from existing resources in the 14 Department of Parks & Recreation. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B d et an M agement Services i y orney's Office 9 CA16630 R-1 August 22, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $6,463,792 for Purposes Previously Approved in FY 2023-24 into the FY 2024-25 Operating Budget MEETING DATE: September 3, 2024 • Background: Section 7 of the FY 2023-24 Operating Budget Appropriation ordinance authorizes the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances made before the close of the fiscal year. In addition to this provision of the Operating Budget ordinance, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2023-24 to purchase a piece of equipment or renovate a small building, but due to extenuating circumstances, such as supply chain disruptions, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by City Council by a budget amendment or City Manager by an authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward may be re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet City Council's General Fund fund balance policy of 8-12% of the following year's revenue. Budget and Management Services coordinates this process with the Department of Finance to ensure adequate fund balance within the fund. Finance includes a carry forward estimate in their preliminary un-audited financial results. In addition, the use of carry forwards is not intended to be a substitute for the budget process; as such they should not be used to re-appropriate "surplus" funds or to be used as an alternative source of funding from the current fiscal year to the subsequent fiscal year that is not in alignment with its original intended use. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as contracted manpower or training, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit(as identified in the Operating Budget ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $6,463,792. Of that amount, $3,330,603 is for the General Fund; $143,383 for the Tourism Investment Program Fund, $57,976 for the Sandbridge Special Service District, $35,456 for the Federal Section 8 Program, $252,250 for the Water and Sewer Enterprise Fund, $887,113 for the Stormwater Enterprise Fund, $1,600,667 for the Waste Management Enterprise Fund, $120,336 for the Fuel Internal Service Fund, and $36,008 for the Virginia Beach Library Gift Fund. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Exhibit A: FY 2023-24 Items Requested for Carry Forward into FY 2024-25 Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: /4T ',/ 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $6,463,792 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2023-24 INTO THE FY 4 2024-25 OPERATING BUDGET 5 6 WHEREAS, funding totaling $6,463,792 were unexpended at the close of Fiscal 7 Year 2023-24 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2024-25 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $6,463,792 is hereby appropriated in the FY 2024-25 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 2023-24 15 Items Requested for Carry Forward into FY 2024-25," with a corresponding increase in 16 revenue from each respective fund stated therein. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2Lf-4;' udget and M nagement Services ney's Office CA16631 R-1 August 22, 2024 Exhibit A:FY 2023-24 Items Requested for Carry Forward into FY 2024-25 Department Amount Purpose Public Works $250,945 Funding for the installation,annual subscription,and services for Masterworks project management software. Public Works $740,586 Funding from VDOT for the purchase of new and replacement vehicles for Public Works Operations. Voter Registration and Elections $356,548 Funding for the June Primary Election unable to be spent prior to June 30 due to timing of the election. Non-Departmental $498,784 Funding to replace city-wide vehicles,unable to be purchased due to supply chain issues. Non-Departmental $150,000 Funding for counseling support services. Budget and Management Services $62,550 Funding for ongoing cost of new city budgeting system. Emergency Medical Services $800,000 Funding for the implementation of a pharmacy program,as approved in April 2024. Human Services $237,658 Funding from the Commonwealth for Permanent Supportive Housing unable to be spent due to timing of the award. Human Services $156,282 Funding from the Commonwealth for Substance Use Disorder treatment services unable to be spent due to timing of the award. Human Services $77,250 Funding from the Commonwealth regional mobile crisis response unable to be spent due to timing of the award. General Fund $3,330,603 Public Works $143,383 Funding for Public Works vehicle replacements,unable to be purchased due to supply chain issues. Tourism investment Program $143,383 Public Works $57,976 Funding for the purchase of replacement equipment for Sandbridge Beach. Sandbridge Special Service District $57,976 Housing&Neighborhood Preservation $35,456 Funding for vehicles for rental housing inspectors. Federal Section 8 Program $35,456 Public Utilities $252,250 Funding for the purchase of two vehicles unabled to be purchased due to supply chain issues. Water and Sewer Enterprise Fund $252,250 Funding for vehicles and equipment for the BMP Maintenance Crew,unable to be purchased due to supply chain Public Works $887,113 issues. Storm Water Utility Enterprise Fund $887,113 Public Works $1,213,927 Funding for solid waste trucks,unable to be purchased due of supply chain issues Public Works $386,740 Funding for hazardous material storage lockers for the landfill. Waste Management Enterprise Fund $1,600,667 Public Works $120,336 Funding for a fuel site at Fire Station#12 unable to be finanlized due to supply chain issues. Fuel Internal Service Fund $120,336 Library $36,008 Funding for the final invoices related to the purchase of the Bookmobile. Library Gift Fund $36,008 $6,463,792 Total FY 2023-24 to FY 2024-25 Carry Forwards CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $8,441,844 to Capital Project 100291, "Operations Facilities Renovations" and to Approve the Modification of a Construction Contract MEETING DATE: September 3, 2024 • Background: The "Operations Facilities Renovations" project first appeared in the FY 2020-21 Capital Improvement Plan (CIP) with an initial budget of $83 million. The current budget for the project is $84.6 million. The $1.6 million increase was approved in the FY 2021-22 CIP to add a Real Time Crime Center to the project. As a result of the May 31, 2019, event, approximately 400 City employees from the Departments of Public Works, Public Utilities, Planning, and Information Technology who worked in the Operations Building (former Building 2) were relocated to leased facilities. The purpose of the project is to provide professionally renovated space in three existing City-owned buildings at the Municipal Center - Building 11 (former Building 2), Building 3 (former Building 1), and Building 33 (former Building 11). The project was to be completed in multiple phases, starting with the renovation of Building 11, and followed by the renovation of Buildings 3 and 33. Following the adoption of the FY 2020-21 CIP, a design-build construction contract was awarded to MEB General Contractors on February 16, 2021, for $26,989,200 for the renovation of Building 11 (i.e., Phase I) and for $26,145,000 for the renovations of Buildings 3 and 33 (i.e., Phase II). The total contract value at the time of award was $53,134,200 and, due to approved change orders, the total contract value to date is $63,166,844. Building 11 was substantially complete as of December 4, 2023, and is now home of the Police Department Headquarters, the 1st Police Precinct, and the City's Information Technology (IT) Data Center. Although substantially complete, some building improvements remain underway to meet the dynamic operational requirements of the Police Department. Work is fully underway on Phase II of the project, specifically Buildings 3 and 33. The renovation of Building 3 began August 16, 2022. The original completion date of February 12, 2024, was extended due to unforeseen site conditions, supply chain / manufacturing delays, higher than anticipated quantities of asbestos containing materials, and delayed replacement of the pitched roof. The current substantial completion of Building 3 is planned for March 13, 2025, with move-in anticipated in late spring to early summer of 2025. The renovation of Building 33 began March 25, 2024, and is anticipated to be complete June 24, 2025. A loss of two months from the original completion date is primarily due to requested floor plan changes needed to meet current operational requirements. When complete, Building 3 will house the Planning Department and the Department of Public Utilities. Building 33 will house the Department of Public Works and portions of the IT Department. Supply chain issues, inflation, and unanticipated delays have caused a funding shortfall in the project. As such, Public Works requests a transfer of$8,441,844 from two projects within the Buildings and Assets CIP section to "Operations Facilities Renovations" (PG100291)to complete the subject work and return employees to the Municipal Center. This budget increase of 9.97% over the currently adopted program amount is due to a combination of factors to include cost inflation, supply-chain impacts, unforeseen site conditions, and scope changes needed to meet current operational needs. The transfer is requested to come from the following projects follows: Transfer From: Project# Project Amount 100260 Beach Maintenance Facility $ (2,616,000) 100675 Central Plant Loop Replacement $ (5,825,844) Total $ (8,441,844) • Considerations: The funds transfer is required to process various pending and future change orders, to avoid unnecessary construction delays, and to complete work per the scope specified in PG100291. The source of the transfer is from two existing capital projects. Project 100260, "Beach Maintenance Facility," currently has a total appropriation of $2,866,529. There are no additional programmed funds for this project within the currently adopted CIP as previously programmed funds had to be re-directed to meet funding shortfalls on other projects in FY 2024-25's budget process. The currently estimated balance to this complete on this project is $17.9 million dollars, and as such, a $2.6 million transfer will not significantly impact the status of the project. Project 100675 "Central Plant Loop Replacement,"was a new project in FY 2024-25, with current appropriations totaling $17.8 million, with another $12 million programmed to be funded in FY 2025-26. It is likely the $5.8 million proposed to be transferred from this project to PG100291 will need to be replaced in the FY 2025-26 budget process to ensure the central plant loop project is completed. The ordinance also sets a new fixed contract price of$63,166,843.73. This will serve as the new baseline contract amount for calculating whether subsequent change orders require approval by the City Council. • Public Information: Normal City Council agenda process, as well as a public briefing at the informal City Council workshop on August 27, 2024. • Recommendations: Approve the attached ordinance • Attachments: Ordinance; CIP Detail Sheets (3); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager:p 1 AN ORDINANCE TO TRANSFER $8,441,844 TO 2 CAPITAL PROJECT 100291, "OPERATIONS 3 FACILITIES RENOVATIONS,"AND TO APPROVE THE 4 MODIFICATION OF A CONSTRUCTION CONTRACT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $2,616,000 is hereby transferred from Capital Project #100260, "Beach 10 Maintenance Facility," to Capital Project #100291, "Operations Facilities 11 Renovations." 12 13 2. $5,825,844 is hereby transferred from Capital Project #100675, "Central Plant 14 Loop Replacement," to Capital Project #100291, "Operations Facilities 15 Renovations." 16 17 3. To address prospective change order limitations provided by Virginia Code § 18 2.2-4309(A), the City Council hereby approves the modification of the 19 construction contract for Buildings 3, 11, and 33 with MEB General Contractors 20 with a revised fixed contract price of$63,166,843.73. 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: j______ -D.,--- ------____ B dget and Management Services City A orney's Office CA16632 R-2 August 27, 2024 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100291 'Title:Operations Facilities Renovations `Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement 'istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 84,640,000 84,640,000 - - - - - Description and Scope The project is to renovate three office buildings located at the City of Virginia Beach Municipal Center.The project will be completed in multiple phases, starting with the renovation of Building 2,and followed by the renovation of Buildings 1 and 11,which may occur in separate phases or concurrently to reduce construction costs or improve project phasing and sequencing while maintaining overall timeline.Phase 1-Building 2 will become the new home of the Virginia Beach Police Department Police Administration,lst Police Precinct,and the Information Technology Department's Data Center.The Information Technology Department's Data Center servers and personnel will remain operable in the basement level until a new Data Center has been constructed. Phase II-Buildings 1&11 will be general office and support spaces for engineering and business functions with frequent customer interactions. Building 1 is expected to house Public Utilities and Planning,and Building 11 will provide space for the Public Works and portions of the IT Department. Purpose and Need As a result of the event that took place on May 31,2019,approximately 400 City employees from the Departments of Public Works,Public Utilities, Planning,and Information Technology who worked in the Operations Building(Building 2)have been relocated to temporary,leased facilities. The purpose of this project to provide professionally renovated space in three existing City-owned buildings at the Municipal Center,Buildings 1,2,and 11, enabling the return of the majority of these employees to the Municipal Center,co-located into single facilities to efficiently deliver City services. History and Current Status Currently,Building 2,constructed in the 1970s,is unoccupied following the May 31,2019 event, City leadership has determined that none of the four displaced departments housed in Building 2 prior to the incident would return to Building 2. Buildings 1 and 11,both constructed in the 1970s,are currently occupied and were previously scheduled in long-range plans to be completely modernized through renovation.The four displaced departments from Building 2 are working in temporary,leased facilities. Operating Budget Impact Comments No net new operating budget impacts are anticipated to occur. FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts - - - - - - Total FTE - - - Project Map Schedule of Activities Project Activities From-To Amount ♦ Design 09/19-11/25 7,500,000 411.4. "/7 Furniture and Fixtures 06/20-10/25 6,000,000 �♦ Construction 06/20-11/25 59,000,000 v,l Site Work 06/20-10/25 3,000,000 N # N Contingencies 06/20-10/25 9,140,000 ♦'",,, Total Budgetary Cost Estimate: 84,640,000 •100291 Means of Financing it Funding Subclass Amount "� Local Funding 84,640,000 it a, �" ., w Total Funding: 84,640,000 r ♦e Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100260 'Title:Beach Maintenance Facility Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 20,700,000 2,866,529 - - - - 17,833,471 Description and Scope This project funds the construction of a replacement beach maintenance yard at a new,larger site.The existing facilities are 40-years old and located amid residential development at 14th Street and Parks Avenue.The new facilities will include 50,000 square feet of space for workshops,conditioned storage,unconditioned storage,equipment sheds,crew muster,locker/restrooms,and offices.These facilities will be used by Public Works(Beach Operations,Traffic Operations,Street Sweeping,Parking Management,and Building Maintenance),Parks&Recreation/Landscape Services,and the Convention and Visitors Bureau.Additionally,the project will provide paved areas for equipment storage,bulk material storage,refueling/wash bays,and chemical material storage. Purpose and Need The Beach Maintenance Facility provides the needed infrastructure to support the work crews from various City departments assigned to maintain the resort area,boardwalk,and other related facilities.To adequately accommodate the operations of these City functions,approximately 13+/-acres will be required.The current site is approximately 1.7 acres,and is drastically undersized to meet the current demands.The buildings are old and deteriorating. Additionally,the current location is no longer compatible with the surrounding residential development. History and Current Status This project first appeared in the FY 2017-18 CIP.In the FY 2024-25 CIP programmed funds were moved from this project to support other emerging CIP priorities. Operating Budget Impact Comments The anticipated annual operation cost,which includes utilities,custodial service and maintenance,is$192,249(22,591 square feet x$8.51/foot). FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities t Project Activities From-To Amount Boma j e scn 'y ! Design 07/23 07/30 1,578,718 i .. Furniture and Fixtures 07/25-07/30 1,578,718 Site Acquisition 07/25-07/30 - Construction 07/25-07/30 15,658,564 Site Work 07/25-07/30 - t Contingencies 07/25-07/30 1,884,000 ( Comp Ep P.nei.w •toozco Total Budgetary Cost Estimate: 20,700,000 r Means of Financing Funding Subclass Amount Local Funding 2,866,529 Total Funding: 2,866,529 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100675 'Title: Central Plant Loop Replacement Status:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement I Istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 29,812,652 - 17,833,471 11,979,181 - - Description and Scope The Central Plant provides HVAC,dehumidification,and in some cases,hot water,to buildings within the Municipal Center including the Police Headquarters,the jail,the Courthouse,and the Juvenile Detention Center.This project will replace piping and valves in the Central Plant's underground hot and chilled water loop which will last approximately 50 years. Purpose and Need The Central Plant's loop has exceeded its service life.The underground piping consists of non-functioning valves that prevent isolating sections of the loop when failures occur.In the event of minor repairs,it requires mechanical equipment across the Municipal Center to be taken down,the loop drained, and pressure slowly brought up while evacuating air and debris trapped in the buildings'mechanical systems.Repairs sometimes require closing street and parking lot sections for a week or more,and occupants in buildings that rely on the plant for hot water,such as the Correction Center,are unable to provide hot meals and warm showers when the loop is out of service. History and Current Status This project first appeared in the FY2024-25 CIP.The Correctional Center,Juvenile Detention Center,current Voter's Registrar Building,and Judicial Center are regulated by State and Federal Service Delivery Requirements.Currently throughout the Municipal Center,failures during the summer months hinder Building Maintenance's ability to cool and dehumidify buildings,causing indoor air quality issues,and during winter months,the lack of flowing water causes significant risk of freezing and failing critical mechanical equipment.This project was studied by Pace Collaborative in February 2020. Operating Budget impact Comments FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts - - - TotaIFTE - Project Map Schedule of Activities Project Activities From-To Amount Design 07/24-07/30 1,392,572 Construction 07/24-07/30 24,834,206 Contingencies 07/25-07/30 3,585,874 Total Budgetary Cost Estimate: 29,812,652 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 29,812,652 Total Funding: 29,812,652 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ____MEB SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) y.... E Accounting and/or preparer of Lewis and Company PC 3iyour tax return Financial Services (include Wells Fargo lending/banking institutions and current mortgage holders as applicable) Woods Vandeventer Black E Legal Services Clark Nexsen E Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. awkite 61"."%........ Trip Smith Proj. Exec. 8/23/24 APPLICANT'S SIGNATURE PRINT NAME DATE K. PLANNING 1. THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 (Deferred from August 20, 2024) RECOMMENDATION: APPROVAL 2. GREEN CLEAN HOLLAND,LLC/ALP&ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from August 20, 2024) RECOMMENDATION: DENIAL 3. DIAMOND FARROW / STAR REAL ESTATE, LLC for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9(Deferred from August 20, 2024) RECOMMENDATION: APPROVAL Virginia Beach-Boulevard c� 0 a /B2 B2 B2 -L. 2a R5D B2 i . 1 R5 D0 r r 1 1 I 1 N r A Site A Property Polygons Thalia Plaza, LLC W :�,�y r Zoning 4317 Virginia Beach Boulevard S Building & 216 N. Fir Avenue im=siumillioFeet 0 1020 40 60 80 100 120 ft i4,t2, l' •J, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA PLAZA, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 4317 Virginia Beach Boulevard & 216 N. Fir Avenue (GPIN 1477857194, 1477857096). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: September 3, 2024 (Deferred at the August 20, 2024 CC Hearing) ■ Background: The applicant is requesting to rezone approximately 0.44-acres from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and 8 multi-family dwelling units. A Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed-Use District is also being requested. The property is located between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA) and while the property is not located within an SGA the applicant has designed the property to adhere to the SGA's development guidelines, specifically the Special Area Development Guidelines for Urban Areas. A deviation to the setbacks is being requested to adhere to the reduced setbacks allowed in the SGAs with a front yard setback of 10 feet and side yard setback adjacent to the street of 5 feet. The property will be developed with a 4-story mixed-use building. The first floor will have retail space with the second and third floors developed with 8, two-bedroom residential units (four apartments per floor). The fourth floor will provide amenity space for residents, including a recreation room and storage space. A 683-square- foot roof deck is also proposed as additional amenity space. The exterior façade will consist of a neutral color palette and at its tallest point the building will be 44 feet and 6 inches in height; however, the proposed rear building height adjacent to neighboring residences is 33 feet and 6 inches meeting the 35- foot maximum height requirement for within 100 feet of a residential district. All parking is met on site. Additionally, the site meets all landscaping requirements to include street frontage, building foundation, and interior parking lot landscaping, as well as a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property line facing adjoining residential properties and a 10-foot- wide Category I landscape buffer along the eastern property line. Thalia Plaza, LLC Page 2 of 4 A Subdivision Variance is requested for the deficiency in lot width and street line frontage. 200 feet of lot width and 160 feet of street line is required, where only 120 feet is provided for both. Additionally, the applicant is requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. The required minimum lot area is 40,000 square feet in the B-4 Mixed District for this type of development and the proposed lot area is 19,234 square feet. • Considerations: The proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas (SGAs), the Special Area Development Guidelines for Urban Areas as well as the Inland Study Area: Pembroke to Rosemont outlined in the Commercial Area Pattern Book. The variance requests to lot width and street line frontage requirements are compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan's vision for the Suburban Area. Staff and the Planning Commission concurred that the deviations to the lot area, setbacks, and variance request to lot width and street line frontage are acceptable, as the use will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. The Conceptual Site Layout Plan submitted to the Planning Commission displayed a 22-foot-wide entrance along N. Fir Avenue. This does not meet the Public Works Design Standards Manual which requires a width of 30 feet at the point of tangent in the entrance. The applicant, as noted in the Staff Report, made plans to revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. The plan was updated to meet this requirement, is included as an attachment, and was submitted prior to the proffer deadline of 10 days prior to City Council. To address concerns from the community regarding privacy for the adjacent residential properties, the applicant has provided a revised exhibit (dated 8/21/2024) showing a six-foot tall privacy fence along the southern line and on a portion of the southeastern property lines adjacent to the single-family residences. No other changes to the plan have been made. The revised plan and proffers were submitted to staff on 8/22/2024 before the proffer deadline of 10 days before City Council. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. One letter of opposition was received from an adjacent property owner with concerns regarding how the development will affect their property values. Thalia Plaza, LLC Page 3 of 4 • Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. PROFFERS Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated 03/13/202,1 07/12/2024, 8/21/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Building and Elevations"), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Thalia Plaza, LLC Page 4 of 4 Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Subdivision Variance 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 "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", prepared by Orbis Landscape Architecture, dated March 13, 202'1 July 12, 2021,Auqust 21, 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. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) REVISED Conceptual Site Layout plan dated 08.21.24 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:0—p Applicant & Property Owner Thalia Plaza, LLC Agenda Items Planning Commission Public Hearing July 10, 2024 City Council District 4 (Ross-Hammond) 2 & 3 City of Virginia Beach Request Conditional Rezoning(B-2 Community Business& R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) "\1 Subdivision Variance (Section 4.4(b)of the °y"'�' ar. CORPORATION IN Subdivision Regulations) Staff Recommendation siiilly Approval d `Staff Planner Marchelle Coleman LIA REAMS Location = PIN 4317 Virginia Beach Boulevard & 216 N. Fir h _ Avenue 1 r II L w GPINs t . ✓I 1477857194, 1477857096lir - I soimiE Site Size 0.44 acres i----t AICUZ Less than 65 dB DNL Watershed Chesapeake Bay _ IRGINIA BRAG Existing Land Use and Zoning District j Vacant retail building,Single-family dwelling/ i _• ' ev B-2 Community Business, R-5D Residential ` ` e '• ' :F ;--1,„, - ' -i11lt1 Surrounding Land Uses and Zoning Districts r' NorthA\ N• ! Virginia Beach Boulevard , M. 1,. f, i ._ Retail,Automobile Repair Garage/B-2 : ' ` Community Business - .. , w `it. x MIL -a South .r vc " . _� .�,_ Single-family dwelling / R-5D Residential — ; *. a East rF Office,single-family dwellings/0-1 Office, R-5D 1, k. _ Residential 'I to . West N. Fir Avenue Religious Use/R-5D Residential Thalia Plaza, LLC Agenda Items 2&3 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone approximately 0.44-acres(19,234 square feet)from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and eight multi-family dwelling units.The applicant is also requesting a Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed Use District. • The property is located on the southeast corner of the intersection of Virginia Beach Boulevard and N. Fir Avenue between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA).While the property is not located within an SGA,the applicant has designed the property to adhere to SGA's development design guidelines,specifically the Special Area Development Guidelines for Urban Areas. • The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks, building location,access and circulation, parking areas, landscaping, natural features,stormwater management as landscaping features, lighting,signs,and outdoor art. A summary of how the proposal addresses each guideline is provided below in the Evaluation section of this report. • The site will be developed with a four-story mixed-use building.The first floor will be used for retail space and will house the main lobby to include an elevator,stairs, and atrium.The second and third floors will be developed with eight,two-bedroom residential units (four apartment units per floor)and the fourth floor will provide amenity space for the residents, including a recreation room and storage space. A 683-square-foot roof deck is also proposed as additional amenity space for the residents. • As depicted on the proffered building elevations,the exterior facade will consist of a neutral color palette with brick veneer,fiber cement wall panels, and glass.At the tallest point,the building will be 44 feet and six inches in height; however,the proposed rear building height adjacent to the neighboring residences, is 33 feet and six inches, meeting the 35-foot maximum height required within 100 feet of a residential district. • The conceptual site plan depicts a total of 26 parking spaces. Per the Zoning Ordinance,one space for 250 square feet is required for the retail use. With 2,500 square feet of floor area, 10 spaces are provided,as required.Also,two parking spaces are provided for each unit of the eight apartment units,thereby meeting the parking requirement with 16 spaces. As required, per Section 203(b)(12)of the Zoning Ordinance,five bicycle spaces are required for this development and eight bicycle spaces have been provided,exceeding this requirement by three bicycle spaces. • As proffered,the Conceptual Site Plan shows the required street frontage, building foundation, and interior parking lot landscaping.The plan also depicts a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property lines to screen the site from the adjoining residential properties, as well as a 10-foot-wide Category I landscape buffer along the eastern property line adjacent to the 0-1 Office zoned property. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage.The applicant is also requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. Required Proposed Required Proposed Required Proposed Lots Minimum Lot Street Line Street Line Minimum Proposed (interior lot line to be vacated) Lot Width Width Frontage Frontage Lot Area Lot Area (feet) (feet) (feet) (feet) (square feet) (square feet) 4317 Virginia Beach Boulevard 200 120* 160 120* 40,000 19,234* 216 N. Fir Avenue *Variance/Deviation Requested Thalia Plaza, LLC Agenda Items 2&3 Page 2 • A Phase I Environmental Site Assessment (ESA)was provided by Map Environmental Inc, dated April 12, 2024.The Phase I Environmental Site Assessment revealed that there are no current or pending environmental enforcement activities on the property, as well as no evidence of Recognized Environmental Conditions (REC), Historical Recognized Environmental Conditions (HRECs), Controlled Recognized Environmental Conditions (CRECs), and Vapor Encroachment Conditions (VECs) on this property. It was determined that based on Map Environmental Inc findings the subject property does not pose a significant risk to human health or the environment. � r iI I 1 )11 Zoning History - viaaINasAci •wo # Request y 1 CUP(Automobile Repair Garage)Approved 06/20/2018 CUP(Automotive Repair)Approved 07/10/2012 Ir ! o CUP(Automobile Service Station)Approved 01/25/1994 Is ' "� REZ(RS-4&T-2 to CG-1)Approved 07/08/1963 2 / 2 CUP(Church Expansion)Approved 07/02/2002 CUP(Church)Approved 09/08/1998 R5D _ CUP(Church)Approved 05/22/1978 R5D R5D 3 CRZ(R-5D to Conditional 0-1)Approved 03/25/1997 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation The requests to conditionally rezone these parcels,totaling 0.44-acres,from B-2 Community Business and R-5D Residential to Conditional B-4 Mixed Use District for the construction of a mixed-use development with retail and multi- family dwellings, as well as a Subdivision Variance to lot area, lot width, and street line frontage, are acceptable. In Staff's opinion,the proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas(SGAs) and the Special Area Development Guidelines for Urban Areas. Given that the property is highly visible along Virginia Beach Boulevard and is in close proximity to the Pembroke SGA to the west and the Rosemont SGA to the east,the applicant ensured that the elements of building design, site layout, pedestrian orientation,and landscaping were at the forefront of the planning process for this development.Although the site is not within an SGA,the applicant worked with Staff to provide a site layout and building design that contributes to an overall consistent character throughout this corridor and that would serve as a link between the two SGAs. The applicant is requesting a deviation to the front yard and side yard setbacks to align with the recommendations of the SGA to which Staff is amendable to the deviation request since the property is located within the approximately 0.5 mil gap between the two SGAs. As stated previously,the Special Area Development Guidelines for the Urban Area,adopted by reference, as part of the Comprehensive Plan's Reference Handbook was used in the development of this site proposal.A summary of how the project addresses each guideline is provided below: Thalia Plaza, LLC Agenda Items 2&3 Page 3 Setbacks and Building Location—This Guideline recommends buildings be placed close to the pedestrian street and that parking, loading,and service areas are sufficiently screened from view of the public right-of way. While the provisions of Section 283 which allow for reduced setbacks for properties located within an SGA that adhere to the design features outlined in Section 283 (c)do not apply to the subject property,staff is supportive of the requested deviations to the front and side-yard setback since the site is located within the 0.5-mile gap between the Pembroke and Rosemont SGAs. All setback requirements have been met. Access and Circulation—This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced.The site layout for this project is designed to allow pedestrians to easily enter and exit the site and the building using the sidewalks.There are existing sidewalks along Virginia Beach Boulevard and N. Fir Avenue.The sidewalks along N. Fir will be at least 5-feet wide and will be extended to the southern property line of the proposed development. Bicycle spaces have also been provided on-site. Parking Areas—As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind or on the side of buildings and should create an internal circulation network that minimizes or eliminates curb cuts.To address this Guideline,the parking lot for this development is located behind the building with several spaces provided under the building overhang.There is an existing ingress/egress point along Virginia Beach Boulevard and two ingress/egress points along N. Fir Avenue for these existing lots.To increase pedestrian and vehicular safety and to comply with the guidelines for the SGA, only one ingress/egress point will be provided for this development, along N. Fir Avenue, reducing ingress/egress access points from three to one. Landscaping—This Guideline emphasizes the need for quality landscaping to be provided in the built urban environment.The Conceptual Site Plan depicts the required building foundation,street frontage, and interior parking lot plants.As required by the Zoning Ordinance,a 15-foot-wide Category IV buffer is proposed along the southern and southeastern property lines adjacent to the adjoining residential properties and a 10-foot-wide Category I buffer provided adjacent to the 0-1 parcel to east. Natural Features—This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since this is a relatively small site which contains a significant amount of existing impervious cover,the proposed redevelopment does not include retention of the existing undisturbed natural areas; however,the proposed development does include a substantial amount of new landscaping as previously described. Stormwater Management as Landscaping Features—This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities. As depicted on the plan, a stormwater vault is proposed on this site to address water quality and quantity on site, as well as the purchase of nutrient credits, instead of a typical stormwater BMP.The proposed stormwater vault will be approximately 7-feet deep with only about 2.5 feet of exposed wall at the sidewalk.The structure will be constructed of concrete and from the sidewalk level is intended to function as a seat wall. Lighting—This Guideline indicates that site lighting be designed to reduce light trespass and glare.The proposed site is deemed to be consistent with the lighting guidelines, as lighting is proposed to reduce glare and trespass as noted in Proffer 4. A Photometric lighting plan will be required during site plan review to ensure the proposed lighting satisfies the requirements of Sections 252 and 254 of the Zoning Ordinance. Signs—As indicated in this Guideline,signs should primarily serve to identify the name, street number and nature of a business.The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. While the retail tenants have not be finalized as this time, all proposed signage must adhere to the requirements set forth in the Zoning Ordinance.There is no freestanding signage proposed for this development. Thalia Plaza, LLC Agenda Items 2 &3 Page 4 Outdoor Art—This Guideline encourages the incorporation of outdoor art into the overall design of a project. The proposed Conceptual Layout Plan does not indicate any outdoor art for this site at this time. In sum,the applicant revised the plan to pull the building closer to the street and relocated the parking areas behind the building,so that parking is not a prominent feature seen from Virginia Beach Boulevard. In addition,the applicant submitted a quality landscape plan depicting the required 15-foot wide Category IV buffering adjacent to the residential properties to the southern and southeastern property lines, as well as a 10-foot wide Category I buffer adjacent to the office uses to the east; minimized unnecessary curb cuts along Virginia Beach Boulevard and N. Fir Avenue;and eliminated parking between the building and the street, ultimately enhancing the view from the public right-of-way. As presented,Staff believes these topics have been addressed in an acceptable manner through a logical site layout with improved ingress/egress, quality architecture,and landscaping. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance requests to the lot width and street line frontage requirements 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. In the B-4 Mixed Use Zoning District, a minimum 100 feet of lot width and 80 feet of street line frontage is required for commercial developments; however,since this property will be developed with retail and multi-family dwellings,the most stringent regulations shall apply. Multi-family dwellings within the B-4 Mixed-Use District requires a minimum 200 feet of lot width and 160 feet of street line frontage. This property is deficient by 80 feet of lot width and 40 feet of street line frontage. In addition,the applicant is requesting a deviation to the required lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Per the Zoning Ordinance,40,000 square feet of lot area is required for multifamily developments in the B-4 Mixed-Use District.As required by Section 4.1(j)of Subdivision Regulations,street intersections shall be rounded with a minimum radius of twenty feet.The corner rounding shown at the northwest corner reduces the lot area by 86 square feet. With the corner rounding,the subject site will have a lot size of 19,234 square feet (.44-acres),which is just shy of the 20,000 square foot minimum lot area required for commercial development in the B-4 Mixed-Use District. In Staff's view,the deviation to the lot area,the front yard and side yard setbacks, and variances to the lot width and street line frontage requirements are acceptable. Staff believes that while the site may be deficient in the lot area,front and side yard setbacks, lot width, and street line frontage requirements,the site does align with many of the key components of the Special Area Development Guidelines for Urban Areas and the City's Zoning Ordinance, as the site utilizes a lot coverage percentage of 69.3%which is below the 75% maximum, all parking is met on site for both the retail businesses and the multi-family dwellings, and the site provides the required landscape buffering adjacent to both the residential properties to south and the office use to the east. While the site does not meet the dimensional Thalia Plaza, LLC Agenda Items 2&3 Page 5 requirements that are more stringent for multi-family dwellings,the development does comply with the less stringent requirements for lot width and street line frontage for commercial developments and is only short 766 square feet of the minimum lot area requirement for commercial developments. Similarly,since this is a redevelopment project for existing parcels,the applicant is limited by the dimensions and characteristics of the existing parcels.These deviations, in Staff's opinion,will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment due to the new dwelling units will be minimal with only a total of two students:one student at the elementary school level and one student at high school level. The increase in student population will be below maximum occupancy levels. Based on this,the proposal is not expected to negatively impact the school population. It is the opinion of the city's Traffic Engineering Staff that the traffic generated by the proposed development will result in 190 average daily trips. According to Public Works staff, Virginia Beach Boulevard and N. Fir Avenue have adequate capacity to support the proposed development. The proposed access point along N. Fir Avenue must meet the Public Works Design Standards Manual (PWDSM) for a commercial entrance. Section 3.9.0 of the PWDSM states "Commercial entrances will have a width of 30 feet at the point of tangent in the entrance". The proposed conceptual site plan shows an entrance width of only 22 feet. To address this, the applicant will revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. This site is located in the Chesapeake Bay watershed and a narrative was provided by the applicant that indicates the intention to address water quality and quantity through a structural stormwater vault and the purchase of nutrient credits.An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above,Staff recommends approval of these requests subject to the proffers and conditions 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: When the Property is developed,the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated 03/13/2021 07/12/2024 8/21/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning("Concept Plan"), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning("Building and Elevations"),and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Thalia Plaza, LLC Agenda Items 2 &3 Page 6 Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14)feet. Proffer 5: When the Property is developed,the rear yard of the Property will utilize a 15'Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. Proffer 6: When the Property is developed,the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed,all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot;the materials of the dumpster enclosure will be CMU block construction;the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations 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. Recommended Conditions for SVR 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 "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA,VIRGINIA BEACH,VIRGINIA", prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 2021 August 21, 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. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan,the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Thalia Plaza, LLC Agenda Items 2&3 Page 7 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. Based on the Comprehensive Plan Policy Document,a mixed-use development at this location within the Suburban Area is compatible with recommendations (pg.1-60).The adjacent residential subdivisions currently have a mix of single- family dwellings and apartment complexes.This mixed-use commercial and residential development would be compatible with the surrounding area, as it is abiding by SGA's development design guidelines.The location of the property along Virginia Beach Boulevard, is in close proximity to Pembroke SGA and the Rosemont SGA,and connection to the future VB Trail from N. Fir Avenue,the design to have human-scaled street frontages and well-planned sidewalks are supported by the Comprehensive Plan Recommendations. Natural & Cultural Resources Impacts 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. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 41,450 ADT1 74,000 ADT'(LOS°"D") Existing Land Use 2-160 ADT Proposed Land Use 3—190 ADT N. Fir Avenue No Data Available 9,900 ADT'(LOS°"D") 'Average Daily Trips 2 as defined by a 1,540 square 3 as defined by 2,500 square feet of 4 LOS=Level of Service foot restaurant retail space and 8 apartment units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Blvd is an eight-lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. N. Fir Avenue is a two-lane local roadway.There are no CIP Projects scheduled in the vicinity of this site. Active Transportation Plan The Active Transportation Plan recommends the incorporation of a shared-use path along Virginia Beach Boulevard. According to the Plan,shared use paths are typically 11-feet wide or greater and provide a physical buffer from vehicle traffic. Thalia Plaza, LLC Agenda Items 2&3 Page 8 Public Utility Impacts Water& Sewer There are an existing water and sanitary sewer mains along Virginia Beach Boulevard and N. Fir Avenue.The proposed mix use building will need separate metering for residential and commercial. Water and sanitary sewer must be verified and improved, if necessary, so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Thalia Elementary 577 students 621 students 1 student 1 student Independence Middle 1,189 students 1,204 students 0 students 0 students Princess Anne High 1,713 students 1,599 students 1 student 1 student 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. While the property is not located in the Thalia Civic League,the applicant's representative reached out to the Thalia Civic League, as the site is in close proximity to the civic league boundary. While The Thalia Civic League raised concerns regarding the graffiti on the existing vacant building which the applicant addressed immediately. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 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 July 3, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 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 August 22, 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 August 30, 2024. Thalia Plaza, LLC Agenda Items 2&3 Page 9 1EY1 .{ / —I La. rrrl U ,1 GOO •.r smrtaraan1 ji i.MI MNw 11 -- - �. . x °' Ec; El H • ' .,Hu MO H1. I 11 i di n Da' urr.NM s`Mg ffioa. `' 1 � �' V. i .r ova fi •, r1 1 Y_ •a an nu IM..1./m,Cill Y9 aG1A YM-WALE 1' 20a' R Was a apr Poo Id' as!iw! copy*.Or,Tr.s:P.md aT Pc r--sir-----VOI saanz_ s[r0r I EAa�t111(0*awR� sr W'R rl-- ---- .. am de ra AYrawtl ta1 aRraa \ eP.ti aa¢rsa l atjFa{P aFsp a AIVaWnO444-.°M /a+ 2fill: .04,40ay ``` � , , Ma 00-111 a ,MF,aent.1 wr .a. 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T T fC ...:0 ( • s'r. 1CA.wao�-.lfE !1 - IKM-10 R ,rye IX WIVr I •CRY 7-! � ,� :'Nt•:R: `-- rt CT. DATE: 2024.O8.2 ORBIS 9. (W,Fr JR44005,II_'aBelAL M aitle2 NO Aaf WIMP ON Y-c LASTRAT a 117 ce Ermer R712101A1 MR A^IOOPI IT',1W 9•0/AD 1t7r CC 1612D UPON/u N H N M SOL!50k9f5 PLR Aaf MANILA,.OR LW ALLY 510019 TRMSAL-011 04 N Su 1D I— F‘ I— I-+ W fl Proposed Building Elevations G.u16. .A'y:v-Og.vlu.6Jin ARM". Swamp ye+rp. ommoirr LpF J elw6'A I IE> �r--ee1e!e:m slit.o i.1., t7Zb''1d VI t 't Li �� e se ' t I y� 154 10; 4 Ili - --._.- -- g e e e 1 'y 4i e{ Ica s . s ♦ t.1 a ; "4 M x t I I I I I I I i''■ IRE II• l I ' I ; ❑ \\. I 1 ! .� I I 'III I l 1 ■m is 1� m m 1 I I I OW — I — -- -- 1' MI' >i 1 1 j = _ I 6 ME I•I ` ■` al �� > T�1 =ii I I I 1 is ism 1 iM IN IN RC-- I I i Va". - -1 ■I= m I 1 ■III. W �� j I I I [Y] i I i ■ `O� I .l 1� i i, —It" ii T i2 Z7t fy Q . r4ili- — I i i r • is �., 6 ,� iII � 1 v Thalia Plaza, LLC Agenda Items 2 & 3 Page 12 Proposed Building Elevations evnnn'v.;tom eh.Filn `1 hi 4tl jjA iF 9 WYZI CIA iFA it i 1 i a@ f O O O O U O t f t t t' 0 tN: q si 1 i �I� I "i is \I: _ 1 - ' • • _ I - -MII . I'- Al. 6 JL a d MOWN ■— i W II Ii w - =I IN tu ci 755 1 yl I ILI v i r7 A ,M� i _ o m v .. Thalia Plaza, LLC Agenda Items 2&3 Page 13 Site Photos ril _ 1/1111 4. • If 1 7 �' Wit.i'-1 - 4. � .- ^' Y + yLy''�i :.;+�+'j l `\1 vr".?,^� ' ♦• it 1, 4 y _""3'..' h i }1 j Nf. l _'mot_ ` ,i ~ • ' r • Thalia Plaza, LLC Agenda Items 2&3 Page 14 Site Photos -.., . _ . . . .i t7"1"--•frfM'- ' '''''. • .-- • -,- -‘-el* - ..:411?"-- . • ." -....... ., . , "•' , ,, . • ' -'-,. -.4;f4V-'''' ''."5.." ,-- . WNW M 11111 ''iitAMIMIIIII — . . . ' _ 77; . 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',.• ,,r• ..N"..111., „ • -Ii...4-.,-- --,,,4".,4 5c-, ..Att • . • ' _ , ,- „.... --..:, -• - - .._-, . , . . t •• '- ,,_• • , -1-- • ' -- ' 4to • ' I,.... 11E, - !....- t •-• . -AIN - — - .--'J • . ..7 0 . . • ,, ' ‘: 11 '...1.,,Zifl.: •. .-..' '..4.'4 .'--. . `;•. _ ....."-.....14 "'754'' ':i.F4:44%• 4,,,.1, ,-.Or 6? • .•• .• -- .,...t.''', -4 ......... :as,::::Zi . ;. s__ .-, .,,..,_ ..*, - ,,E.,: . •_ _.,.. je _-.4,,, . .. — • ... ,.. _ -- ,- , .. ...i.......- . ,.., . . . ....„ - — tv.,,,,,,,,,,,,.....,..,,,,v„..i,7,,-.... , • . „... .?.'..-',.!.‘c, Thalia Plaza, LLC Agenda Items 2 & 3 Page 15 Disclosure Statement Disclosure Statement \13 Planning&Community Deveio4Jnicet 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 THALJA PLAZA,LLC Does the applicant have a representative? ®Yes 0 No • if yes,list the name of the representative. Kyle D.Korte,Esq.and Chris Pocta,Esq.(Wolcott Rivers Gates) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?Ill?Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a Ilst If necessary) Mohammed Jami,Manager and Member Nitride Jaml,Member - • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a fist if necessary) N/A '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 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(Ill)there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Thalia Plaza, LLC Agenda Items 2 &3 Page 16 Disclosure Statement Disclosure Statement .V13 Panning &Community Deg elopmeei 1 Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beath have an interest In the subject land or any proposed development contingent on the subject public action?❑ Yes 12 No • if yes,what Is the name of the official or employee and what Is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateraiization,etc)or are they considering any Itemising 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. TOWNEBAN K 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 bus ness operating or to be operated on the property? ❑Yes .11 No • ff yes,Identify the firm anc individual providing the service, 4. Does the applicant have services from an architect/landscape archltect/land planner provided in connection with the subject of the application or any business ope rating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Orbis Landscape Architecture-Nathan Lahy Armond Reich, Reich Designs 5. Is there any other pending or proposed purchaser of the subject property?D Yes A No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09,2020 2 r r • Thalia Plaza, LLC Agenda Items 2 & 3 Page 17 Disclosure Statement Disclosure Statement 4B ,P51014.NWT Plsnnmg&Comn1unit) 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. Imperial Builders,LLC—Mohammed Jaml 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?If Yes ❑No • If yes,identify the firm and individual providing the service. John Sandow Engineering-John Sandow,Mid Atlantic Surveying and Land Design-Beth Anne Campbell 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?✓U Yes 0 No • If yes,Identify the firm and individual providing the service. Wolcott Rivers Gates-Kyle D.!Corte,Esq.and Chris Poeta,Esq. /1ppIIcant 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 w,th this application. Applicant Signature Mohammed Jarni,Manager Print Name and 71Ne April 30,2024 Date Is the applicant also the owner of the subject property? ill Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. bOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertain;to the:application; No charm rat W. 8/22/2024 "re Pi"Nam• Marchelle L. Coleman Revised 11.09.2020 3 l P a g e Thalia Plaza, LLC Agenda Items 2 & 3 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. Thalia Plaza, LLC Agenda Items 2&3 Page 19 THALIA PLAZA, 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 30th day of April, 2024, by and between THALIA PLAZA,LLC,a Virginia limited liability company,party in the first part,Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party in the second part, Grantee. WITNESSETH: WHEREAS,the party in the first part is the owner of two contiguous parcels of land located in the District 4 of the City of Virginia Beach, containing approximately 0.44 acres, as more particularly described as "Exhibit A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the party of the first part, as owner of the two parcels of land, 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 one parcel of land within the Property from R-5D Residential Duplex District to Conditional B-4 Mixed Use District, and the other parcel of land within the Property from B-2 Business District to Conditional B-4 Mixed Use District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not GPIN NO.: 1477-85-7194-0000 Prepared by: Christopher A. Pocta, Esq. 1477-85-7096-0000 Wolcott Rivers Gates 200 Bendix Road Suite 300 Virginia Beach, VA 23452 Telephone: (757) 497-6633 Facsimile: (757) 554-0248 generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's 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 B-4 Zoning 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 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, 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 or compulsion or quid pro quo for conditional use, site plan, or building permit, 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 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 claimed under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated 08/21/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. 2. When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Building and Elevations"), and is incorporated herein by reference. 3. There will be no more than one (1) enclosed building as depicted on the Concept Plan. 2 4. When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen(14) feet. 5. When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. 6. When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. 7. When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. 8. When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. 9. Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations 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 conditional use and R-5D Residential Duplex Districts, B-2 Business Districts, and Conditional B-4 Mixed Use 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 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 3 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 said instruments 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 ensure compliance with such conditions, including mandatory or prohibitory jurisdiction, 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 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. [Signature Page Follows] 4 WITNESS the following signatures and seals: THALIA PLAZA, LLC, a Virginia limited liability company By: (SEAL) Name: p I Title: MO node,r COMMONWEALTH OF VIRGINIA V` /COUNTY OF \l Ivq w a i ewn , to-wit: I, the undersigned, a Notary Public in and for my 'County and State aforesaid, do hereby certify that Mohamm-ed jprhj , M maw,- of Thalia Plaza, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this 3(Al day of WO I , 2024, who is personally known to me or has produced sufficient identification documentation. Notary Public My Commission Expires: 01I3bt202 . ( :' :, AFl`� O My Commission Number: "(a6Sf611 PUBLIC RE-G.117959517 o • • c� ACM r tor EXHIBIT A Property Description for GPIN No. 1477-85-7194-0000 ALL THOSE certain lots,pieces,or parcels of land,with the buildings and improvements thereon, situate in Kempsville Mosquito District,numbered 4317 Virginia Beach Boulevard,(formerly 100 Fir Avenue), formerly in the County of Princess Anne, being known, numbered, and designated as Lots 12, 13, and the Northern 23 feed of Lot 11, in Block 23, on the plat of"Resubdivision of Lots Numbered 5 through 13, Block Numbered 23, Deal Tract No. 2, located near Jacksondale in Princess Anen County, Virginia", now Virginia Beach, Virginia,which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, formerly in the Clerk's Office of Princess Anne County, Virginia in Deed Bok 407 at page 435. LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia by deed dated November 5, 1950, recorded June 6, 1951 in Deed Book 287 at page 433, for street purposes. LESS AND EXCEPT that portion conveyed to the City of Virginia Beach, Virginia for drainage purposes as set out in Deed Book 2562 at page 1031, recorded November 6, 1986. Property Description for GPINNo. 1477-85-7096-0000 ALL THOSE certain lots,pieces, or parcels of land, with the buildings and improvements thereon, situate, in the City of Virginia Beach, Virginia and being known, numbered, and designated as the Northern Twenty-seven (27) feet of Lot Nine (9), adjoining Lot Ten (10), all of Lot Ten (10) and the Southern Twelve(12) feet of Lot Eleven (11), adjoining Lot Ten (10), in Block Twenty-Three (23), as sown on the plat entitled, "Resubdivision of Lots #5 through #13, Block #23, Deal Tract No. 2, located near Jacksondale in Princess Anne Co., Va.", said plat having been recorded with deed dated June 24, 1955,to Robert G. Youn and recorded there with simultaneously to which plat reference is made for a more particular description thereof. 6 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 2 & # 3 Thalia Plaza, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Alcock: Yeah, agenda items #2 and #3 Thalia Plaza, LLC, a conditional rezoning request for a B2 community business district, and R-5 residential duplex district to conditional B-4 mixed use business district, and subdivision variance section 4.4B of the subdivision regulations at 4317 Virginia Beach Boulevard, and 216 North Furr Avenue in District 4. Mr. Alcaraz: Can the applicant or representative come forward? Mr. Pachta: Thank you, Mr. Chairman, Madam Vice-Chair, and members of the Planning Commission. My name is Chris Pachta. I'm a land use and zoning attorney with Wolcott Rivers Gates here in Virginia Beach. It's my privilege to represent the applicant in this case, Thalia Plaza, LLC. I want to thank the planning staff, especially on this matter, because it's taken about two or three years of coordination with the city staff. They've done a remarkable job in coordinating with our architects and engineers, and my client to coordinate a plan to put forward and eventually recommend approval by the staff. So, I want to thank them. As was alluded, this is a conditional rezoning request, and a request for subdivision variance, and this property is located in between two SGA's, both Pembroke and Rosemont, and so to comply with comprehensive plan and the zoning ordinance, we've had to do quite a bit of research and coordination in that regard. We appreciate all the efforts. This is a mixed-use development that's being proposed. There's going to be a retail on the first floor of the building being proposed. On the second two floors, the second and third there will be residential, so four units per floor and then on top, a rooftop amenity space, as you'd see, in the concept plan. The parking space is being proposed exceed that which is required by the city, so 26 parking spaces, and in this area, because there's an emphasis, especially to on non-vehicular transportation there's also eight bicycle spaces. so that exceeds the five required by the ordinance. There's a building on the front of the property on the Virginia Beach Boulevard adjacent property, and then there's a single-family residence structure on the portion to the rear. That front structure has been a couple of different things over the last couple of decades. Most recently it was a Domino's Pizza and over the last couple of months when we've been engaging with the community, the Thalia Civic League has brought it to our attention, and there's been some graffiti there, which my clients have responded to rather quickly and promptly with the city and removed that. So, what they'll do is remove that building and the structure to the rear, and then propose to develop this mixed-use building. The property itself, it's two parcels adjacent to one another, and across the street on North Fir, there's a church just to the east adjacent to the site. There is a practice, a medical practice, and to the rear, there's a single-family residence. So, there's a bit of variety in terms of usage, in that corridor, in that area, some commercial, some residential, and then church. We've been coordinating for the last month and a half or so with the community, with the Thalia Civic League, which is across the street as well as the church across from North Fir the residences to the rear, and then also the practice to the east. So far, we've received no opposition from the church across the street, and in some cases, an indication from the pastor of support. We expect a formal letter in the near future. Then from the Thalia Civic League, there's been no formal mention or expression of opposition, and then the same goes for the practice to the east. To the rear there was a letter, an email sent from the owner of that property, indicating some concern or question about value of his property, and based on the • concept plan, the current condition of the property, I think one could, could make the conclusion that it's most reasonable to expect property values, including his would increase. The concept plan was done in coordination with the city, as I mentioned, because of the location of this property, there's some more stringent requirements in terms of lot size and lot width and things, and so there's a request for a subdivision variance there. Then I also wanted to mention a couple of items that came up in the informal meeting earlier today that you wouldn't see in the staff report, but we wanted to remark on those nonetheless. The first one was about tree loss in the area. So, the city is making a concerted effort from observations in reports that I've read that. We're trying to preserve a tree canopy as a city, and so what this proposal will do is it will remove the four existing large canopy trees on site, replace them with four existing or proposed canopy trees of the same size, and then also add seven small trees. So not only will there not be a net loss in trees there'll be a net gain in tree coverage. The second item was. The active transportation plan, and so I just wanted to notify that planning commission that that will get sorted out and coordinated with the city during the site plan review process. I have my clients, the owners and operators of Thalia Plaza, LLC with me today, Patricia Mohammed Jami, and they're also happy to answer any questions, and to speak to the application. Again, thank you for the opportunity to be before you today, and we appreciate the staffs hard work on this project. Mr. Alcaraz: Alright, Mr. Pachta,just to make sure are there any speakers? There are none. Ms. Alcock: No, sir. Mr. Alcaraz: Alright. So, what I'm going to do is just ask for our commissioners to ask any questions if they have at this time. You can stay. Ms. Byler: Thank you, Attorney Pachta, and thank you, Mr and Mrs Jami. I appreciate very much your willingness to come in, and take a vacant building, and invest your efforts and your finances to something that really, I believe, is the face of that area in the future. So, I'm excited about this project. I was concerned about those two items you just noted, and as I understood it, during the informal session, there would in fact be a net loss of trees due to this development. So, I would just like to hear someone from city staff tell me that, in fact, we're picking up an extra four trees and we're not losing any. Ms. Alcock: Commissioner Byler, I'm not sure we have that information. We weren't sure what the net loss or gain was with tree canopy based on this conceptual plan. All we could say was that the concept plan meets the landscaping requirements for the proposal, but we weren't sure the net loss or gain. So, it sounds like Representative Pachta has cleared that up. Ms. Byler: Thank you. Mr. Alcaraz: Alright. Any other questions, Mr Anderson? Mr. Anderson: Thanks for coming up. It's a really nice project. I think it's going to help the area, but it's not a question, but it's a statement that you mentioned about the graffiti. Well, as of Friday yesterday, it's still there, so it does need to be cleaned up. Mr. Pachta: Commissioner Anderson, if I may, there have been two notices. I appreciate you reminding us of that. There have been two notices in the last month, I think in the first one we addressed promptly and removed it, and we've since been noticed, I believe it was last week. Mr. Anderson: Yeah, we were at our site visit. We talked about it, but I go by there every day, and just happen look over there on driving towards Town Center and say it. Mr. Pachta: I'm going to make two representations. One is that will be in coordination with the city on taking care of that. And two, I think that, that's also probably one of the other justifications for a proposed development like this to remove the opportunity for that. Thank you. Mr. Alcaraz: Any other questions? Mr. Mauch? Mr. Mauch: More of a statement. I just want to thank the applicants for, right now, you're all kind of in between two SGA's, and have kind of raised the bar for the area that's there by conforming to one of the SGA standards, which goes above and beyond what you have had to do, and having a real creative use of the space. So, thank you for that. Mr. Alcaraz: Alright. Any other questions? Mr Plumlee/ Mr. Plumlee: I just wanted to ask staff a couple of questions before we wrapped up the hearing. Is currently there is a proposal to modify this application between now and council, but the determination has been made by staff, and I just want on the records been determined to be of a minor nature and does not need to be incorporated into the motion for today. Is that accurate? I believe also that it was asked earlier whether there was any tree canopy requirement currently that was any part of an overlay on this particular property, and the answer was no. Is that accurate? Ms. Alcock: Correct. There's no canopy coverage requirement. The requirements are for parking lot coverage, street frontage, building, landscaping, and then the buffering requirements. So all of that is met with this plan. Mr. Plumlee: Thank you for clarifying that. All right. Any other questions for the applicant? Mr. Alcaraz: All right, sir. You can be seated. Thank you. At this time. I'm going to close this and ask for additional discussion or entertain a motion. Ms. Byler: I don't want to cut off any discussion. So y'all feel free to tell me it's not timely, but if there is no further discussion, I would like to make a motion that this application be approved. Mr. Alcaraz: I have a motion by Ms. Byler. Mr. Plumlee: I'll second the motion Ms. Byler, but I would like to discuss it briefly. Mr. Alcaraz: Yes. Go ahead, Mr. Plumlee. Mr. Plumlee: Thank you. I appreciate that. This is an excellent project, and we need excellent projects. I don't want folks that put all these plans together and this money behind it to be discouraged at all. I think this is what we need in this, this is one of the areas we needed in. As far as the tree canopy, I know there's some discussion of that, but I do want to be heard that if we're going to change the law of this city that we do it in a formal manner. If we're going to propose a no reduction of tree canopy, that we do it as a city, that our council approves of that, and that we not bring that upon individual applicants as an additional requirement to the approval. Otherwise, I would consider it to be an arbitrary decision that if it's not the law, that we're placing upon the applicant some additional burden that isn't part of the law. Fortunately, that is not true on this application, but I wanted to clarify because it could become an issue. If we're going to do it, then it would be this broad policy discussion. We'd pass it along as a recommendation, which I'm not necessarily opposed to and we pass it to the city council. It would be considered. and then we'd make it the law. So people making applications would be on notice that was the requirement. So I just wanted to be heard on that. Mr. Alcaraz: Alright. Thank you. Anybody else? All right. I'll close. We do have a motion by Ms. Byler and seconded by Mr. Plumlee. Ms. Alcock: The vote is now open. By a vote of 10-0 agenda items #2 and #3 have been recommended for approval. Mr. Alcaraz: All right. thank you. Next item? Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated 03/13/2021 07/12/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Building and Elevations"), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14)feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations 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. 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 "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", prepared by Orbis Landscape Architecture, dated March 13, 2021 July 12, 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. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Letter received! Date: Wednesday,July 3,2024 2:06:02 PM -----Original Message From:Curtis White<curtwhite@verizon.net> Sent:Wednesday,July 3,2024 12:36 PM To:Marchelle L.Coleman<MColeman@vbgov.com> Subject:Re:Letter received! 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. Yes!Consider this email a vote for opposition.I have concerns as to what this rezoning would do to my property. Decrease value,increase value....etc. Thank you! Curt White 757-477-4241 curtwhite@verizon.net Va Beach Adaptive Water Sports Board of Directors CONCEPTUAL SITE LAYOUT PLAN OF THALI A PLAZA VIRGINIABRACH BOUIZVARD FOUNDATION LANDSCAPE- Rr�,�R_,>._,,,e.,e,.OM �..a.Ra.��,A. VIRGINIA BEACH, VIRGINIA sir• -- _• eeA;AS"' - a« +r. .. ---_-.-.- R16HR-OF-NAY TAKE - SIEa Data 20 RADAS _ - nJk�ji�r S' . �7� OW Area: 30.44 Ac DPIN: 147785-7194 \sTassa --'— — 1 4 7 78 5-70% fur sr , l •,.-�+ Meting Zoning: B-2&R-5D r Proposed Zoning: B-4 )-'*. 7 Ddaong Use: ConResidential - ',Melt[OW ' 7i1IF ,'i► a> '' ResldenNal wale<-.oa,---_----- ► ' < . i•/1— Ftopoeed Use: MFxeb Use PPANIq1A Nr `. TT TF A PG,o -)iliac F 1S. .:•`F.,.t toPe�d Building Sim: Befall:32,500 st • I •PA ♦ i' - k-R Apartment 8 links ROOF DECK AMENITY SPADE Proposed Setbado: a Font 10' — eft �. Side at RAW 5' ''� FURORS OJERNANS :D� 10_- ..... Side: 10'Landscape Buffer ABOVE PARKINS . (I i� •a Rear: 15'Landscape Buffer • 7. 1111; I;,, PROPOSED - Lot Coverage FOUR-STORY .4 Mr.Lot Coverage 75% BUILDING Lot Coops.. .PYld. 69.3% _ •a { _________ _..1111 STREET FRONTME LATOSGAPE .....''' am�,tr. --- ' a,r 01 k(2 space/Unit) 16▪2,300/250: 10 Spoor ry �'I s ` 6I I -4a ••• . II Units Tool Parkin R 26 A: sp.c.. 44 2/.4 9'KF "G g Required: Spat y W y.,, • '� Parking Provided: 26 Spenee * if I�` IV S- 4AI�x..,;i?�Y: O kyda Parking Required: 5 Spoon Ti',.:. .. — 4 4. e Bicycle Parking Provided: 8 Spaces i p• '" i _ - J o rE,--" CAtiGP+ c ti Z� "I' -M� 4 I L�� Building Square Footage Schedule z ; N .priv,+a flnt Leval: 3,144 SF ��'-- Ret.Ii:62,500 SF) --.LI' i-,T, 'muR ma+ Lobby:s•.644 sFl 6T0106MTBR v4.:_• --/ , - art w. iris a 4 Second Level: 5,460 SF 4 , 1 4-6110 (4 Apartment Units) axe Mar ON -,.: 1i< •A.• e. . T ,1v,, PPMoaiari ni'nmR Third Laval: 5.460 SF . . - (4 Apartment Units) , • ' - r - ,.`�W CIMFAE - I �. Fourth level: 1,711 SF 111111--'---... .A ,l, ._10'GAT &PEER (Rec Room,Storage, / .�.. • Total Area Host d: 15,77edianical doom) / / rrsyiyyryyayI - : .,.' /-• I.PFSTER NN9 , `EAREST RESIDENTIAL LM 6 3rd Level Balconies: 2B0 SF �__� R � .RQ+ERTY Toed Area Under Root: 16,055 SF I+- - 11 eCOMPACTDedt Amenity Space: 683 SF d Reef R. a COMPACT COMPACT COMPACT COMPACT .-, `� / r .,< „V.T,r,_- , y S ARGNITEGE PLANS FOR BUILDING DETAILS PN071131.0►LI/Iif tEFF B• 8 8• E� see 'NR k •*fit" m �.. I a GTNaFFEI - 9' 111 maps • . ` F ?,L�: .ilt ''' ' "a sea IR I' 0 0 1 0 20 ,- a Ptlfielly �k'rg,• o't. 6'PRWAGY rer.E AL0.2 �m `a tr a 'WA FlLOP�[fY LI1E 1 INCH.10 FT S /.�1*4 r H a.1: _s-ice e ." �1 f } •u .-a., 4*rl A ayr .,n sr o,.va•AmrM,m.-- x- DATE: 2024.08.21 ORRIS CONCEPT DRANINEf ARE BEERAL IN NATURE APO ARE INTENDED ONLY TO ILLUSTRATE - s C A P EE THE DEVELOPI4ENT POTENTIAL FOR A PROPERTY,THEY SHOULD NOT BE RELIED UPON AS ECTUME THE SOLE BASIS FOR ANY FINANCIAL OR I FB41 I Y BIPDINB TRMFACTION. '" ' 7 ,S, B2 . 02 0 0 f;),, /) 4e'o �'� 0 Al-2 o / B2 ) 2 // PDH1 PDF�I'1 ikiit 4 (7 ,t- 0 0 cy -. / <>,( , <,) 44..,44.6 �� o \ DH1 0 A,.. - C 0 /NN 0 • Q�� n D / r A Site . ,►, .Green Clean Holland, LLC W`►J'.E Property Polygons Zoning 4245 Holland Road S Building Feet 0 25 50 100 150 200 250 300 4(u � 'S� i:. � 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: September 3, 2024 (Deferred at the August 20, 2024 CC Hearing) • 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 Staffs 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. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. Green Clean Holland, LLC Page 3 of 3 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 DepartmentCA,f()0/ City Manager: Applicant Green Clean Holland, LLC Property Owners Alp & Alex Asian Agenda Item Planning Commission Public Hearing May 8, 2024 Cii, ! City Council District 10 5 Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation , Denial F \ o goo 6% ) ‘ \k Staff Planner %C. Elizabeth Nowak 8 - a. ik9 4b lkt Location 11 + :ar R° 4245 Holland Road € s 1 I 1 GPIN A us 1476963446 _ 4ic.cr for C Site Size • 1.38 acres 1.1111L.— iir'16 ' AICUZ .)"/401°. Less than65dBDNL > Watershed 1. Chesapeake Bay n Existing Land Use and Zoning District Vacant commercial building/PD-H1 Planned • • �c�� Unit Development .� + i " ;' A �, t Surrounding Land Uses and Zoning Districts ''. 0' `• e . • \� North - 4 * ' ,t \.„ , , 4 . Holland Road �;� +f ,,. , •> `�F. , , Shopping center,gas station/B-2 Community •� d - r°o , °'�`'7 ;1' Business •. s. eft,;.•' ,,,. . n. ;, South > R ' Shopping center/PD-H1 Planned Unit • ti., +1 , ^q y Development y ".,P • �- c°+ t East - •s t' '' 3 S. Plaza trail t ,�.,1 I,. ArAt . n%°-''� Apartments/PD-H1 Planned Unit Development ;t, $�/ ; : 4 4 I sqy West "cF1�} '.It ', ^ x e�"� * K ,:. Shopping center/PD-H1 Planned Unit &.,� °c/9C ,",- ° `..,' , i`'"r• '' y/ Development Green Clean Holland, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • 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 2 � oz Zoning History # Request / .- 1 MDP Approved 06/18/2019 LUP Approved 11/19/1981 DHI 2 CUP(Tattoo Parlor)Approved 10/17/2017 �0 CUP(Indoor Recreational Facility)Approved 04/05/2016 CUP(Indoor Recreation)Approved 07/03/2012 CUP(Motor Vehicle Rentals)Approved 08/14/1996 4 3 LUP Approved 11/19/1981 / Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation In Staff's opinion,this 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(CAPB)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 ADT1 32,700 ADT(LOS 4"D Existing Land Use 2—1,400 ADT Proposed Land Use 3—500 ADT S.Plaza Trail 10,040 ADT 32,700 ADT(LOS"D") lAverage Daily Trips 2as 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,August 6, 2024 and August 13, 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 August 22, 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 August 30, 2024. Green Clean Holland, LLC Agenda Item 5 Page 6 0 'a 0 V1 CD 0. Vf ix L'ARWASH CONCEPT fDr VIRGINIA BEACH,VA A Q- sii.:.iA 0 C -1 . I,�.cow•.. mft. ,PTE-3 r ra,r. I "-"'2s.........._`. • iVIL:.:".:. .3.1P1 nri r Ty '.t 1 PLANT SCHEDULE ``�•. i 7-0.............,;, 'm •fK..-r.s.-.. l'' ,i.. ..L ..1/wwa._. -IP 9 LANarl 91 9 r ya-_•.--^ l� I L yl`T� c ,Ir 1j..i / �wrrccawc s�.u� • m•r-,+s L 111 .��_ 0 cna -�- -4 ,-�-j _ —Y'.+Jsa+'YavYa. \ �� * a mn�drrsrtm W TifElA Eto • w \ \\/ \.n•_.tl.ax, .a c•. aw�a .,w,�-ms S P ALA I eAiL,, . op .w._..wevw 4. .m..-nor.,,., e....-. i m 's+, `� w n 4245 HOLLAND ROAD Kimley>»Horn CONCEPT LANDSCAPE PLAN GREEN CLEAN AUTO WASH APRIL 1,2024 (D VIR(;INIA RFAf,H VAcm 'bT:�s:ihiz' D � fD 2 = O IZ a) ai v = rt 0_ rD 3 r r v n Proposed Signage & Dumpster Enclosure , - - , - % N. • Greer ajec►n AUTO WAf Il K r > w r., • L . LIML:i I ONL:,ILL —Fe HENRY RK43.l6 CMLJ BASF SIGN EXTERIOR MONUMENT SIGNAGE 0 MESTONE CAP,TYP •411 OUIO(BRIK(MATCH BUILDING) i [ill 2 IPIEl..ti _ . CEDAR PLANKS ON STEEL FRAME, NS TALL LATCH HARDWARE& CASTERS Q DOOR BASE PROVIDE I�, II 6U ��.ARNIE LEFT SIDE ELEVATION OF DOORS TO BE rx.rxSTEEL ANGLE WELDED M•WELDELD MN)ALL LIMESTONE CAP,TYP. MI CORNERS W/3tiTM W STEELANGLE CLIMB DAGONALCROSS BRACING WELDED �IIL N• Fir TO STEEL FRAME.WELD TCP MD BOTTOM STEEL ANGLE OF FRAME TO r t ST�TUBE ATTACHED TOHINGES• � II 16x8'CONCfETE FOOTNGROD GA U2 OLA US =_— — _— _ 4 1 STALL 1/7'D1B'LCNG,METAL =� 0 ' ROD GATE LATCH INSTALL 34'A 6• �- 8 HOLE NTO COED PE Q BOTN ��L—� OPEN AND CLOSED POSITIONS TO b j I i ■ CONTROL JOIN ROD Z �m �H LeSi 1 CONTROL ' ill RIGHT SIDE ELEVATION ---- --_-�.I j . CEDAR GATE I )L.. �___ — — E- CONC.FILLED B DIA BOLLARD, DOORS.PNNIED \..-- _,_ \ Il TYP PAJNT TO MATCH EIFS ON OUCHMSff TCH MA DETAIL I OUCH BRIM(MATCH BULDING) GATE STRAP HINGE, _____ — — •� / �/ (3)PER DOOR 6'-P E-4 ' �\///y `•\`A\\ ' I' CCNC RUED 6•CIA / / \�,.• BOLLARD,TYP.PANT TO 178' ii //"\\\ //^�; MATCH METAL SIDING ON BUILDING // I II V•DIA,1 B•LEWG METAL FLOOR PLAN �L'/ '"it II_'--+/ II' RGDT„ELATR �'GATE CASTER I l - u! 4,.o" ,. PROPOSED DUMPSTER ENCLOSURE - • 04.07.2020 SCALE: 1/4'=1'-0• FRONT ELEVATION 44PJr M1'- 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 LI4. PVC r I..-103" j :wEvIGE �- TOOL 9*• HOLDER _a 100" II 41; __ I ` , r , I I �. I .; II `1J 151, FACING CIF < ` 1 I 1 1 I lr Green Clean Holland, LLC Agenda Item 5 Page 9 Proposed Pay Stations Get r III° ill Iq F 1�,1 wawa., , ivy , Alli IPIPII°Imiliv I lamovists-a &eoit#, , 1111. avoiggst-isp giV- Green Clean Holland, LLC Agenda Item 5 Page 10 Site Photos it 4\ r ;' Pim �s-t. _ate+ f--� N um 1 �� ` 1.s- . r t • i6g lAt' kit -='.:-.174,1,.;'''''''. Iiiiiiiil _ a rookiiii .ale...; i Green Clean Holland, LLC Agenda Item 5 Page 11 Site Photos -• ...4.1i.JA, v. -4-:!. -._;.. .- .4. • c;,.... . .. . ,..iir,4.,,,•,„. - ... ---- .. .•''.': ^"::,-, . tlifillb,:••* ,16,,: • 14:., _ ,.;_ -40,-....t--;-';.. .r:---- •OP' — 6-,- _- #14: '•''••• ', . .. ..._..10:•••440u, ,:,....5-.- - -. ' 1 •.': .'"' *tit jlAts•i...:••,_.•::`. -, -s' . 'q 16., id' •:',•-:t'Arlit,, -R., %J ,, , z, ,...,,,ak ,, ,. .-,;,•..0,.....11,6%--...;.- -:-_-__ INii . ....t, ___.,., ,VI . ,...,„„-*-- . :t-- ----•••1 „ ,, h.,- ,- i h..- ...-.--- 'i, 1:—_ ..• _ _ • _ .......,..... ---•^- - ------- .. - - _ ------l-- -..... --........ - -..... ----.----.--- -:-...." %et- At,1. •. '4.x - , , ,...., i.... .-• ,-,---,--: . of , •-• - ,--.... .414.4.,,,,i , .f.; -'• 4•1.11,• ..,• ' .."•:-"``..., y-').- lit. a'•Sm••_•:!,. '... '•- ,••,-- ......";•Nt• ' 'Ilkk .101.1*7,.....:::,; ' -''- -- ,•'• ' - ' -•=1....iffiri,izeZPIPIC•••• NI,A••,;imolai/pi.- • ."57414F.--•-.P);...----:, ii.4e ....., - - - ' - 3 111 -r----ro r ill . , T - n nbite - •i_:-:„. ".-4.?iciegl, - • ,- , _ i• •• a -,,,i'v . ,,-,- -- .'„ ,„,--, , -• --; ' -A-v- •:•••?$14;‘, ,::. , -:•*. . , .• -'1,_ -,-`'•°.....4,,,....,,,,..a........ •••••1 .,'..- _____,..-• Green Clean Holland, LLC Agenda Item 5 Page 12 Disclosure Statement Disclosure Statement Coy of 15ryruu sand, Amoismoo- _ _ _. Vi3 Planning&Community Development L 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? • Yes ❑ No • If yes,list the name of the representative. Kimley-Hom-Greg Schmitt,P.E. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?in Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list 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. ke•v.sea 11.U9.2U20 1 I Green Clean Holland, LLC Agenda Item 5 Page 13 Disclosure Statement Disclosure StatementVB EL ('uy ry4uy.nw dnM Planning&Community ---".....\Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-co(lateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the financial institutions providing the service. Mid Cap 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. 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?I 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?■ 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?0 Yes IN No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 l Green Clean Holland, LLC Agenda Item 5 Page 14 Disclosure Statement Disclosure Statement Cuy or ritgnn If sad. Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • tf 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?II Yes ❑ No • If yes,identify the firm and individual providing the service. Kimley-Hom&Associates, Inc.•Greg Schmitt,P.E. a. 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?1111 Yes 0 No • If yes,identify the firm and individual providing the service. Eastern Law Group-Jerry Bowman and Wiliams Mullen-Grady Palmer and Tyler Rosa Applicant Signature I certify that all of the information contained in this Disdosure 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. 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 IN No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications XNo changes as or Date 8/2)/2024 Signature I Print Name (Elizabeth Nowak Revised 11 09.2020 3 I Green Clean Holland, LLC Agenda Item 5 Page 15 Disclosure Statement Disclosure Statement r,iy fs irsrmu Sat!, Planning&Communi Development - Owner Disclosure Owner Name Alp Aslan and Alex Aslan Applicant Name Green Clean Holland , LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes MI No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes •No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I Green Clean Holland, LLC Agenda Item 5 Page 16 Disclosure Statement Disclosure Statement V� iy of l iryniu itaxia _ a,...�. Planning&Communi . Development O 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? Yes ❑ No • If yes,identify the firm and individual providing the service. Cobb,Doerfier&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. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes • No • if yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Green Clean Holland, LLC Agenda Item 5 Page 17 Disclosure Statement Disclosure Statement City ofVirt n& .* 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?III 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. AGE ArGail Owner Signature Alp Asian(Owner) Print Name and Title 8 April 2024 Date Revised 11.09.2020 7 I P a g` 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 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 fora 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 Byler NAY Cromwell NAY Coston AYE Cuellar NAY Estaris NAY Hippen 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. 811114 + O / � III' 8 _ � oetr C1 81:7 co ,_� _pew' o levard rs i , CO eke 8°u la) Air pemaro c, B2, \ r g,2 82 Q) () /3 l sz ic) 9 �`�' a) ; c B2 i o ► ivy A 18 01° 1 � a 0 i a yy n Ili B21 1 r B2 11 _.110 1i S RZ.5 N r A Site Property Polygons Diamond Farrow W0- 1 Zoning 4604 Pembroke Lake Circle, Suite 104 Building I. Iiilm Feet 0 25 50 100 150 200 250 300 !r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIAMOND FARROW [Applicant] STAR REAL ESTATE, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 4604 Pembroke Lake Circle, Suite 104 (GPIN 1478511874). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: September 3, 2024 (Deferred at the August 20, 2024 CC Hearing) ■ Background: The applicant is proposing to operate an event rental space within a 1,050-square- foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. Specifically, the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. Per the Zoning Ordinance, the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 44 spaces; however, there are only 35 spaces on the property. Based on this, the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School, and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center, as noted in Condition 4. There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment. • Considerations: The proposed use is, in Staff's opinion, acceptable and consistent with other retail establishments in the shopping center. Further details pertaining to the application, Diamond Farrow Page 2 of 2 as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1 . 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (4) Emails from Staff to Applicant Email from Police Department — MPO David Shoenbach 3rd Precinct Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: RC Applicant Diamond Farrow Property Owner Star Real Estate, LLC Agenda Item Planning Commission Public Hearing July 10, 2024 c'lry,r city council District 9 (Schulman) I. 0 Virginia Beach Request Conditional Use Permit(Assembly Use) Staff Recommendation . � '` Approval '� � �� / Staff Planner Madison Harris Eichholz Sak 4 1 OA 1 Location N, 4 ' �� 4604 Pembroke Lake Circle, Suite 104 it• GPIN `e • 1478511874 VIII" • Site Size37,300 square feet AICUZ Less than 65 dB DNL 11411\tt/ Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed Retail/B-2 Community Business MP • PEMgaOKEB"° - -41. Surrounding Land Uses and Zoning Districts a_. I North k,,_- _" ,..• - . + , Pembroke Boulevard Vacant Lot/B-2 Community Business —," to . k .' • \ .' South ° Pembroke Lake Circle x ) Townhouses/B-2 Community Business - , e`4 . East 1 `"�Bank/B-2 Community Business A�► I West t ='5,- Pembroke Lake Circle yam` Mixed Retail/B-2 Community Business , ads _ �'4.. Diamond Farrow Agenda Item 10 Page 1 Background & Summary of Proposal • The applicant is proposing to operate an event rental space within a 1,050-square-foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such,a Conditional Use Permit is required for property in the B-2 Community Business District. • Specifically,the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. • Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. • The applicant intends to limit the number of guests to no more than 49 people; however,the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. • Per the Zoning Ordinance,the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area.This results in a minimum parking requirement of 44 spaces; however,there are only 35 spaces on the property. Based on this,the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use.The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School,and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center.The hours of operation are included in Condition 4 below. • There will be no significant modifications to the site or to the exterior of the building.The existing box sign will remain above the entrance; however,the sign face will be modified to display the logo of the establishment,as shown on page 6 of this report. At 1 1 E euw pEMBF Zoning History # Request / 1 o Rrion) 04/13/1999 2 CUPCUP(Tatt000r Parlorec )Approved 05/08/2019 CUP(Assembly(Ind Useea)Apprved Approvedo 10/02/2019 M scote LAKE c Bi r t u \62 C 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 Diamond Farrow Agenda Item 10 Page 2 Evaluation & Recommendation This assembly use will provide an amenity space to the community to use for small gatherings and social events. As previously mentioned, parking for the shopping center is deficient by 9 spaces.The parking study submitted by the has been reviewed and approved by the Zoning Administrator. Staff concludes that there are not enough parking spaces for the assembly use to operate during peak hours however the applicant is agreeable to counter the hours of the other uses on site.To accommodate parking on site, Staff recommends that events be limited to off peak hours and weekends, as noted in condition 4 below. Based on this,Staff Recommends approval of this application,subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division.The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. 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.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability.The proposed event venue aligns with the recommendations of the Comprehensive Plan. Diamond Farrow Agenda Item 10 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known significant cultural resources associated with this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Independence Blvd 40,500 ADT' 55,500 ADT (LOS°"D") Assembly Use 3—No Data Available Pembroke Lake Circle No Data Available 9,900 ADT'(LOS°"D") Assembly Use 3—No Data Available 'Average Daily Trips 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Blvd is a six-lane divided major arterial road in the vicinity of this site. There is currently no capital improvement projects scheduled for this segment of Independence Blvd. Pembroke Lake Circle is in the vicinity of this application is considered a two-lane undivided local street. No Capital Improvement Projects are slated for this area. Active Transportation Plan The Active Transportation Plan calls for the expansion of the existing shared use path on Witchduck Road adjacent to this project. However,due to the scope of this project, namely that the applicant is occupying an existing unit and no exterior site improvements are proposed, staff is not requiring the applicant to complete improvements. Public Utility Impacts Water&Sewer The property is connected to water and sewer. Water and sanitary sewer service must be verified and improved if necessary,so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised.A petition in support of the use has been submitted with four signatures. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 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 June 24, 2024. Diamond Farrow Agenda Item 10 Page 4 • 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 July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,August 6, 2024 and August 13, 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 August 22, 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 August 30, 2024. Diamond Farrow Agenda Item 10 Page 5 Proposed Site Layout o mrio,i \44,=,-, i DKE gLVD s p�M6R _ - tea' g " _,,,,,, ) . ,..,4i.,.. ,, • _----.:------lf4k CID ( A- a- - ' , ,it. .., 0 ,,.... ,\ ,,,'N ., • ., ., ,, .,. s. _ • illillk• . ; _ ' ' . _. R, • Diamond Farrow Agenda Item 10 Page 6 Proposed Signage 1 _ t _ Diamond Farrow Agenda Item 10 Page 7 Site Photos ,4111rook ••• _ • . _ - - • _ • • • _ • . At.. "=" • • 4. VTIF V ' a att t 11111111110 44111h, • • • • Diamond Farrow Agenda Item 10 Page 8 Disclosure Statement Disclosure Statement ". � .� Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name biOn L'i\0 r eRaM Does the applicant have a representative? ❑Yes l,a,No • It yes,list the name o,the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes No • I`yes lift tit r,imes of all officers,directors,members,trustees.etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2.3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities,there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. Hewed ii 09 20.2C II P a g'' Diamond Farrow Agenda Item 10 Page 9 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?❑Yes tal 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-coliateraiitation,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 pope rry? ❑Yes No • It yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/aeMt/realtor for current and anticipated future sales of the subiect 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 p'ovided 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?0 Yes El No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. Diamond Farrow Agenda Item 10 Page 10 Disclosure Statement Disclosure Statement :�.10 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 a 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 15:1 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 W 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 we s prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee i connection with this application. Applicant Signature Print Name and Title \► 12u Date Is the applicant also the owner of the subject property? ❑Yes IA No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications /j No changes as of s -- . .) !/ • • 44,4 d D8/21/2024 Print Madison B r:Harris Eichholz Revised 11.09.2020 Wage Diamond Farrow Agenda Item 10 Page 11 Disclosure Statement Disclosure Statement Planning&Community """" Development Owner Disclosure (� • � al! /.r Owner Name • s't: eaf !r r-r./pa" d, TPA n� A 1 ! Y _ L-LG Applicant Name \) i0`N 4� �Is the Owner a aotporatiun,pUitisersfrp,firm,business,trust as an unincorporated; ,eso? ort,, ❑No • If yes,rest the names of all officers,drndors,members,trustees etc below. (Admit a fist d necessary) DOn- Jr, ±-'�1,_ f/A. S k?n') • if yes,Est the buses that have a pare+Rw64diary'or affiliated business many'r elatk,rnh s with the Ournei. (Attadi a in if necessary) Known Interest try Pubic Official or EntploYee Does en official or egnyiuyee of the City of Weida Sand have an interest it the subject land or any proposed development enettir ent on the subject pubic action?❑Yes M No • hf yes,what is the name of the official or employee and what is the nature of the interest? a'Parent-subsidiary relationship"means•a relationship that exists when one corporation directly or irdredfy owns shares possessing more than 50 percent of the volrey power of another corporation.' See State and local Government Conflict of Interests Act,VA.Code$2.23101 'Afflkated business rotary relationship'means'a relationship,other than prrent-xrbhnidiasy relations*, that mists when(i)one business entity has a controlling ownership interest in the other business entity,(iii a controling owner ie one entity is also a control mg owner in the other entity,or(ii)there is shared management of control between the isneiess 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 enters;there are common or connima ed lurtda ae amen:the busses entities share the use of the same offices or employees or otherwise there activities,aeswan or personnel on a re=atar bass:or there is otherwise a dose woriune relationship between the mates'See State and nod Goveneeeem centric or bite eras Act Ya Code 3 2.2.3101_ nit-so-so 5 1 P a It e Diamond Farrow Agenda Item 10 Page 12 ET aSed pt wa11 epuay nnoaaej puoweia aaedI9 """ "aesaas asp a.,lM,..e,d pen F'wF"•pue tug)ayf Aigu•tom'taA A 0 N4:1 dod a VIA[�EAua p pro pau34do aq Qf ao u 2uqado ssaw gly snq Aue so udde asp io pa(gns aup pp*uopyaom'ln u riwtr/ ae.nottawDua ue awry aauMo atp saoa "L aautaas a'A 9uappwsd np!' !pue Auedusaa ayl ANWap!'saA II • p N pJ SA p LAArad°id asp uo pour-a.wo aq os ao a geado swaging Aue ao aogre dde asp to pafgrta ayf wif!"t LitapJUUCID a',w>a<Auoo u0WWWW0a Whey aa.uno 441 S00a -9 -uaawtid awuas slaw panel pow aasetpand area Aiquap!`s-MA A • pN SaA Q Lk•aenad w!wp*w awes W usetpind pa'•o'doal aq 7upuad saga°Aue aaayf y 'S anvas asp Su!ptAn sd penpuupte put wai asp A}4w5s'r a A • 0144 =A O 2A40dad ayf uo pateado aq of so a lt<.>,do ssau9q Awe ao uo134E111010.1 p taa(vnc J Lrtim LinlWaaa:a u papinoad i.eu sd vueifpwMN3J adlesQuq/pawair tie wow{+zw3s atiey aauaso atp woo p a)Mias tIp 2uspimuld lenpuupIt pue ultra as Nnwways ta.4 A • ON 0 pwA-J iApaenad atp uo pateaado aq at ao augewadw ssaulsrq Aue eo uouenidde top pafqns asp gym uulv.a,aa sr paw.o.id mamas soy to sngewdaad ao/pue Iltavursatoe aai;rvuas aiteq Jaumtl ayt sap] 'E aaua.,as asp L!ptnoad lenp!Aip i put Auedww aW*wag! 11 Ora SA9 ZAuadoad suAgresalp p'uwleS am"pauclorare we raaW sou aocitsts Ja+.ae/mow auetza tau it aural 1141110 asp saaq - -4iv-W9 5-15r*M aawus atp lupq►od surimPIAO Igawaul atp Ap uav!'IRA A • °N[j SA d Ataadad apt o patr++de aq of so yuLV-wadu wassail Asir n uwlfergdde asp pa va wn asp tam uripauutuu Au,t:s. pnuoq A•yt Asa ao(ip';,warnrrraigot-soo"vim p wrap 7wouasay Arrow Aut atity aauaa0 asp mot] auesopsta sa�puas ialzM �pr, udtnaQ _ �vnucwoj�3viuv� urn otr.) g \ luawale;s ainsopsia luawalels aansopsia Disclosure Statement Disclosure Statement Cti y l Ypi•o lid Planning&Community �.,. ._.�.--•..... .. _ Development & is the Owner k*services..�m/ryfeciian with the subject d the appicanon or any buauss r operating or to be sip ated on the property?0 Yes No • i<yes,identity the hnn and ride u1u provirbht ley al the heavy Owner Signature I certify that all of the information mrrdird in this Disclosure%ster leit towel is complete,true,and accurate. I understand that, upon receipt of notification that the appbcatinn has been scheduled lot pubic t inairi ie,I am raspotullr for updating the tits n A ui prodded herald two.arts prior to the meeting of Martini;Cornmeuion.City Coma,YID*,CM.wetlands Bawl or any pubic body or mnwuttee ii connection well this application Moser � � kjn / Araiioft-e-- ►tiBt No oastlMe 71 30 ")-47 ore r..:.aaA+h A0 711M 7 I P a o r Diamond Farrow Agenda Item 10 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Diamond Farrow Agenda Item 10 Page 15 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 10 Diamond Farrow Star Real Estate, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #10 Diamond Farrow Star Real Estate, LLC. Welcome. Could you please state your name for the record? Ms. Farrow: Diamond Farrow. Ms. Cuellar: Are the conditions acceptable to you? Ms. Farrow: Yes, they are. Ms. Cuellar: Okay, thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to please read this into the record. Mr. Coston: The applicant is proposing to operate an event rental space within a 1,050 square foot unit in the existing building on the site. Per the zoning ordinance, an event venue is classified as an assembly use, and as such a conditional use permit is required for property in the B2 community business district. Specifically, the applicant proposes to rent the venue to the public for small gatherings such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. The discussed item in an early meeting and deemed that this item was appropriate for the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places the following applications on the consent agenda. Items ##1, 4, 5, 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1 , 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Vote Tally AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar ABS Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. 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. PETITION TITLE !, DELUXXE EVENTS & RENTALS `. Hello my name is Diamond Farriow I am opening an event space in the neighborhood I'm currently in the process of going through licensing and i wanted to know if I have your full support with welcoming me to cornmunit . LS ignl ## I Name Business Name Phone Number Date I ttiO3 --- WC S 051'ifiel-cALle\23 2 ' — ifia 1 3 `4 r„, z i _..,,,._.. e - €..._......_...i......7 6-7.7.4149:II/1___ °\( C'1... --4' i i 16 JT2q L \\tpI O2T 'S-) aalf-'4t 3! \ ��ZS 0.1' 41 5 ..__...__..._.._._..___.__ i _..1.mil._&....0..r6CL&.a\_ i I M.9A-C (?\' i i • i I Eiz1i;::: : :L It 9 .i. : I i • 11 i i 12 , i I _ 13 : i i i i 14 i _.______._. 1 i I _` i Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Tuesday,August 20, 2024 9:53 AM To: Madison Byrd Harris Eichholz Subject: Re: City Council Information 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. Thank you for the information. On Tue,Aug 20, 2024 at 9:46 AM Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com>wrote: Hey Diamond, Here is the email for the clerks office: abarnes@vbgov.com . Madison Eichholz PLANNING &COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 j Virginia Beach,VA 23452 CITY OF VIRGINIA BEACH From: Madison Byrd Harris Eichholz Sent:Tuesday,August 20,2024 8:09 AM To: Diamond Godfrey<diamondgodfrey2013@gmail.com> Subject:City Council Information 1 Good morning Diamond, Sorry I couldn't get back to you yesterday I was busy catching up on some work from the weekend. Your City Council Meeting will be held today at 6:00 pm in the City Council Chambers. This is located the same place as Planning Commission was. Some council meetings can be quite busy so I would arrive a few minutes early to ensure you are there for the full thing. If you have any documents or letters to be submitted to the council those will now be handled through the City Clerks office. You can find any additional information on the City Council process here: City Council City of Virginia Beach. Please let me know if you have any additional questions. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 CITY OF VIRGINIA -fie BEACH 2 Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Friday,August 16, 2024 3:35 PM To: Madison Byrd Harris Eichholz Subject: updated form added Attachments: Parking Concern Overview.docx; I have read the agreed parking proposal for Delmore Events and I agree to the changes that will be made to accommodate parking for everyone.docx CAUT ION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please refer to this document and I will get signatures. 3 Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Friday, August 16, 2024 3:21 PM To: Madison Byrd Harris Eichholz Subject: Parking Concern overview agreement Attachments: Parking Concern Overview.docx CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please let me know if this is acceptable to send over to council thank you 4 Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Tuesday,June 25, 2024 6:58 PM To: Madison Byrd Harris Eichholz Subject: Petition pending a few signatures Follow Up Flag: Follow up Flag Status: Completed CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. 5 I II PETITION TITLE 1 DELUXXE EVENTS & RENTALS Hello my name is Diamond Farriow I am opening an event space in the neighborhood I'm currently in the process of going through licensing and i wanted to know if I have your full support with welcoming me to communitt . (, Ica')\ # • Name I Business Name ? Phone Number 1 Date 1 t i -tilv3 13 (2% Oe- • .\..(r S-i\-W ii15-141-icIcl-cAlle.,....\2"......?. .... ..I0,AC e _a")\ 1 7 6-7- 't4.9- --1// 4 It11Cf,v •:. 1-c-) aal--3€44.-1 1 5 \ (ed t V __..__._.._._.._._._....._..__.___.._._...__. 6 M,A-e6 V\LQAThc kat i 7 81. ' 1 9 : I 1 1 I 10 ..._._..._.._...__.._ .' I _ - I I 12 I I 13 ' _..._.._........._.._....._.........._.T.__._.._...._......._.._.._. 14 • 15 ' ` Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Tuesday,June 18, 2024 2:33 PM To: Madison Byrd Harris Eichholz Subject: Re: PUBLIC NOTICE SIGN POSTING 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'll pick them up tomorrow. I don't get off until 5 and I have a list I'm getting every one to sign when is that due to turn in On Tue,Jun 18, 2024 at 11:29 AM Madison Byrd Harris Eichholz<MBHarrisEichholzc vbgov.com>wrote: Hi Diamond, Your replacement signs are ready for pick up! I also wanted to see how you were doing getting the signature or letter of support from the adjacent apartments?Please let me know and pick up your signs ASAP! Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 j Virginia Beach,VA 23452 CITY OF VIRGINIA BEACH 7 From: Madison Byrd Harris Eichholz Sent:Tuesday,June 4, 2024 2:44 PM To:diamondgodfrey2013@gmail.com Subject: PUBLIC NOTICE SIGN POSTING Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle,Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday, June 10, 2022.The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach,VA 23452 during our normal business hours: Monday—Friday from 8:00 a.m.—5:00 p.m.The signs will have 'Diamond Farrow'on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. Failure to post the public notice signs by Monday,June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 8 2875 Sabre Street,Suite 500 1 Virginia Beach,VA 23452 vEsCITY OF VIRGINIA Aimee BEACH 9 Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Tuesday,June 11, 2024 9:33 AM To: Madison Byrd Harris Eichholz Subject: Re: CUP for Assembly Use - Parking 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. Yes thank you On Tue,Jun 11, 2024 at 8:39 AM Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com>wrote: Hey Diamond, I just wanted to follow up on our phone conversation and confirm that if you can get the parking study to us for review by Friday June 14th then we can leave you on the July agenda and move forward. Please let me know if you need anything or have any questions in the meantime. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 j Virginia Beach,VA 23452 NIB CITY OF VIRGINIA Allare BEACH 12 Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Friday,June 7, 2024 11:28 AM To: Madison Byrd Harris Eichholz Subject: Re: Information Needed for CUP 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. Thank you, I will do that.And I will pick up the sign today also the original email of the requirements needed for the hearing deleted are you able to toward that back to me On Fri,Jun 7,2024 at 10:54 AM Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com>wrote: Good morning Diamond, I hope you are having a good week.We are continuing to work on your application however I have received a few comments that will require you to submit some more information. Firstly,our Comprehensive Planning division requested that you receive a letter of approval or support of your proposed use from the Pembroke Lakes Apartments. You will need to reach out to them and receive that.We also had a few concerns about your parking as that shopping center is short. Luckily,the last applicant also had the same issue and therefor they have done a parking study already. I have attached.All you need to do is review it and update it with any changes in business's operating in the other suites. Please let me know if you have any questions regarding this. Please complete these as soon as you can so you can continue to move forward with the tentative planning commission date. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 1 Virginia Beach,VA 23452 14 vBCITY OF VIRGINIA BEACH 15 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Wednesday, August 21, 2024 7:54 AM To: Diamond Godfrey Subject: Conditional Use Permit Updates Good morning Diamond, With your deferral decision last means that you will return in front of City Council on September 3'd 2024. You cannot operate any events on this site, personal or otherwise, until you have a Conditional Use Permit approval letter. I will follow up shortly with any updates required to be made for your new City Council date. Please let me know if you have any questions in the meantime. Thank you, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov `28775 Sabre Street,Suite 500 I Virginia Beach,VA 23452 REACHIA {[ACH 1 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday,August 20, 2024 9:47 AM To: Diamond Godfrey Subject: RE: City Council Information Hey Diamond, Here is the email for the clerks office: abarnes@vbgov.com Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 BEACHIA BEACH From: Madison Byrd Harris Eichholz Sent:Tuesday,August 20,2024 8:09 AM To: Diamond Godfrey<diamondgodfrey2013@gmail.com> Subject:City Council Information Good morning Diamond, Sorry I couldn't get back to you yesterday I was busy catching up on some work from the weekend.Your City Council Meeting will be held today at 6:00 pm in the City Council Chambers.This is located the same place as Planning Commission was. Some council meetings can be quite busy so I would arrive a few minutes early to ensure you are there for the full thing. If you have any documents or letters to be submitted to the council those will now be handled through the City Clerks office.You can find any additional information on the City Council process here: City Council I City of Virginia Beach. Please let me know if you have any additional questions. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 WZGINBEACHIA BEACH 2 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday, August 20, 2024 8:09 AM To: Diamond Godfrey Subject: City Council Information Good morning Diamond, Sorry I couldn't get back to you yesterday I was busy catching up on some work from the weekend. Your City Council Meeting will be held today at 6:00 pm in the City Council Chambers. This is located the same place as Planning Commission was. Some council meetings can be quite busy so I would arrive a few minutes early to ensure you are there for the full thing. If you have any documents or letters to be submitted to the council those will now be handled through the City Clerks office. You can find any additional information on the City Council process here: City Council f City of Virginia Beach. Please let me know if you have any additional questions. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 BEACH 4 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Friday, August 16, 2024 3:39 PM To: Diamond Godfrey Subject: RE: updated form added Good afternoon Diamond, I believe those are appropriate for your use at Council. Again staff cannot review any changes made the to the previous parking study. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 viacwie sea From: Diamond Godfrey<diamondgodfrey2013@gmail.com> Sent: Friday,August 16, 2024 3:35 PM To: Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com> Subject: updated form added CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please refer to this document and I will get signatures. 5 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Friday, August 16, 2024 3:38 PM To: Diamond Godfrey Subject: Follow Up Email Attachments: 20190828-PLN-CUR-05-Shenell Latham.pdf Good afternoon Diamond, I am sending this email as a follow up to the phone call we had earlier. As far as your question about your personal event planned for this Sunday my supervisor did confirm that even non ticketed personal events fall under our definition of an Assembly Use. This means by holding the event you will be subject to a Zoning Violation letter. As far as our phone conversation about your options at City Council. You can try to resolve the issues and concerns before Tuesday, and I will be happy to help where I can. However, this does not allow up time to review and approve a new parking agreement. You can also request a Deferral at your set Council meeting. This would allow staff to review your parking agreement as well as provide us time to help you iron out any remaining concerns. This however DOES NOT guarantee an approval from Council at the next meeting. I would highly encourage you to gain support from your surrounding neighbors and speak with your community prior to Tuesday. As also mentioned, I have attached the Staff Report for the previous Assembly Use in that shopping center. Please let me know if you have any more questions or concerns right now. Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRVIRGINIA `- BEACH 6 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Wednesday, August 14, 2024 8:10 AM To: Diamond Godfrey Subject: Contact Council Member Good morning Diamond, I am reaching out because our Deputy Director briefed our council on the August 20th Planning Items, which includes your application. The council member for your district just had a few questions regarding your application. Nothing major just mostly regarding the parking I believe. Here is the contact information for Council Member Joshua Shulman: 757-840-1291/jschulman@vbgov.com. Please let me know if you have any questions. Thanks! Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov W28775 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRGINIA BEACH 7 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Friday,July 12, 2024 9:31 AM To: Diamond Godfrey Subject: CITY COUNCIL DATE CONFIRMED - PUBLIC NOTICE SIGNS UPDATE Good morning, The Conditional Use Permit application for Diamond Farrow was recommended for Approval at the July 10th Planning Commission Hearing. This application is now scheduled for final vote by the City Council on Tuesday, August 20th, 2024, at 6:00 p.m. It is now time to update the orange public notice signs! Please update the orange public notice signs on the property to indicate that the hearing will take place on August 20th, 2024, At the bottom of the sign, there is a line with TBD on it. Please cover up the TBD with tape and write legibly, August 20th , 2024. Please provide a picture once the signs are updated. In order to meet the sign requirements for this item to be heard at the August 20th, 2024 City Council Hearing, please update the signs immediately. The signs must remain posted on the property until after the City Council Hearing. Feel free to contact me with any questions. Have a great one, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRaCNIA �6ACH 8 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Wednesday,July 3,2024 12:51 PM To: Diamond Godfrey Subject: REMINDER: Planning Commission Hearing July 10th Attachments: 2024.07.10_PLN-10_Diamond Farrow.pdf This is a reminder that your Planning Commission hearing is scheduled for Wednesday, July 10th at 9am. Wednesday's Agenda: • The Staff Briefing begins at 9am- I will brief the Planning Commission on your project and staff's recommendation. Planning Commission will either approve the application and move it to the consent agenda or request to hear the application.This Staff Briefing is not Live or recorded and you,the applicant, are unable to speak but are welcome to attend this session. It is not required for you to attend this session. • Planning Staff and Planning Commission will break for Lunch around 10:30/11 am. • The Public Hearing begins at 12:00 pm, I suggest arriving by 11:45 am as we start promptly at noon. o If Planning Commission voted to move your application to the consent agenda, when your name is called you are to proceed to the podium and give verbal approval of your conditions and application. o If Planning Commission voted to hear you application, you will have the opportunity to give a rebuttal of your application and the Commissioners will ask questions.There might be citizens of the community who are speaking in support of opposition, and they will also speak. After the conclusion of speakers, Planning Commission will vote on your application. • Your day concludes when your application has been voted on and you may leave afterwards. The address is: Building 1, City Hall Council Chambers 2401 Courthouse Dr, Virginia Beach,VA 23456 I have provided your Staff Report to this email for your convenience. Have a great day and I look forward to seeing you Wednesday, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 vs VIR gr !EACH 9 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday, June 25, 2024 8:01 AM To: diamondgodfrey2013@gmail.com Subject: RE: PUBLIC NOTICE SIGN POSTING Hi Diamond, I need you to pick up and post your signs by 12 pm today per our legal requirements. If this is not done we will need to defer your item due to legal advertising requirements. I am also following up on the signatures. I will need those today as well. Thank you, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRGINIA BEACH From: Madison Byrd Harris Eichholz Sent:Tuesday,June 18, 2024 11:30 AM To:diamondgodfrey2013@gmail.com Subject: RE: PUBLIC NOTICE SIGN POSTING Hi Diamond, Your replacement signs are ready for pick up! I also wanted to see how you were doing getting the signature or letter of support from the adjacent apartments? Please let me know and pick up your signs ASAP! Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRGINIA BEACH 10 From: Madison Byrd Harris Eichholz Sent:Tuesday,June 4, 2024 2:44 PM To:diamondgodfrey2013@gmail.com Subject:PUBLIC NOTICE SIGN POSTING Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday,June 10, 2022.The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite S00, Virginia Beach, VA 23452 during our normal business hours: Monday— Friday from 8:00 a.m.—5:00 p.m.The signs will have 'Diamond Farrow'on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. Failure to post the public notice signs by Monday,June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRGINIA BEACH 11 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday,June 18, 2024 11:30 AM To: diamondgodfrey2013@gmail.com Subject: RE: PUBLIC NOTICE SIGN POSTING Hi Diamond, Your replacement signs are ready for pick up! I also wanted to see how you were doing getting the signature or letter of support from the adjacent apartments? Please let me know and pick up your signs ASAP! Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 NSBEACH IA BEACH From: Madison Byrd Harris Eichholz Sent:Tuesday,June 4, 2024 2:44 PM To:diamondgodfrey2013@gmail.com Subject:PUBLIC NOTICE SIGN POSTING Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday,June 10, 2022.The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 during our normal business hours: Monday—Friday from 8:00 a.m. —5:00 p.m.The signs will have 'Diamond Farrow'on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. 12 Failure to post the public notice signs by Monday,June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 ` !AP VIRGINIA !. BEACH 13 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday,June 11, 2024 8:39 AM To: Diamond Godfrey Subject: CUP for Assembly Use - Parking Hey Diamond, I just wanted to follow up on our phone conversation and confirm that if you can get the parking study to us for review by Friday June 14th then we can leave you on the July agenda and move forward. Please let me know if you need anything or have any questions in the meantime. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VIRGINIA ,BEACH 14 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Friday,June 7, 2024 11:32 AM To: diamondgodfrey2013@gmail.com Subject: FW: Conditional Use Permit for 4604 Pembroke Lake Circle, Suite 104 Here you go Diamond! The signs specifically will need to be posted on site by Monday! Madison Eichholz PLANNING &COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 VBVIRGINIA . ' BEACH From: Madison Byrd Harris Eichholz Sent:Tuesday, May 14, 2024 9:35 AM To:diamondgodfrey2013@gmail.com Subject:Conditional Use Permit for 4604 Pembroke Lake Circle,Suite 104 This email is to inform you that the Conditional Use Permit for Assembly Use at 4604 Pembroke Lake Circle, Suite 104 has been assigned to me. You are tentatively scheduled for the July 10, 2024, Planning Commission Hearing. The review and approval process is generally a 4-month process as follows: - Project assigned to a Planner. - Staff performs a field visit of the site. - Staff routes the request to all applicable agencies and gets back to the applicant if there are requests for additional information, concerns and/or recommendations. -A sign (or signs) will be created for you that you will pick up and must post 30 days before the Planning Commission Hearing. I will let you know when the sign is ready(around the middle of June). After the Planning Commission, the sign (or signs) must stay up through the City Council Hearing. -Staff prepares a report. -The report is submitted to the Planning Commission, who also visits many of the sites. -There is a Planning Commission Hearing (tentatively scheduled for (July 10, 2024) and vote, which is only a recommendation to City Council. -City Council makes the final decision (likely in 30-45 days after Planning Commission)—this date is not set until the item is heard by the Planning Commission. Initial Comments from Planner— • Public Outreach is an important component of our review process. It will be beneficial to you if you would provide to me letters of support from your neighbors, supporting your proposal. This is not required but recommended.The City will contact your adjacent neighbors and they will notice the orange public notice signs located in the front of your property. If 15 you can, let your neighbors know what you are proposing. It will be very helpful when the Planning Commission and City Council are reviewing your case. Having your neighbors support is one thing that the Commissioners and Council take into consideration when making their decision. You may ask your neighbors to write a letter, or you can draft a letter that they sign with their address, giving their support of your application. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 C. ' Y CIF VIRGINIA -wimmo, BEACH 16 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Friday, June 7, 2024 10:54 AM To: diamondgodfrey2013@gmail.com Subject: Information Needed for CUP Attachments: Parking Study for Shenell Latham.pdf Good morning Diamond, I hope you are having a good week. We are continuing to work on your application however I have received a few comments that will require you to submit some more information. Firstly, our Comprehensive Planning division requested that you receive a letter of approval or support of your proposed use from the Pembroke Lakes Apartments. You will need to reach out to them and receive that. We also had a few concerns about your parking as that shopping center is short. Luckily, the last applicant also had the same issue and therefor they have done a parking study already. I have attached. All you need to do is review it and update it with any changes in business's operating in the other suites. Please let me know if you have any questions regarding this. Please complete these as soon as you can so you can continue to move forward with the tentative planning commission date. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0: 757-385-4621 I D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 .� '� VIRGINIA •Aiar, BEACH 17 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday,June 4, 2024 2:44 PM To: diamondgodfrey2013@gmail.com Subject: PUBLIC NOTICE SIGN POSTING Attachments: Sign Posting Instructions.pdf Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday,June 10, 2022.The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 during our normal business hours: Monday—Friday from 8:00 a.m.—5:00 p.m.The signs will have Diamond Farrow'on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. Failure to post the public notice signs by Monday,June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 `#IR VIRGINIA �- BEACH 18 Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Sent: Tuesday, May 14,2024 9:35 AM To: diamondgodfrey2013@gmail.com Subject: Conditional Use Permit for 4604 Pembroke Lake Circle, Suite 104 This email is to inform you that the Conditional Use Permit for Assembly Use at 4604 Pembroke Lake Circle, Suite 104 has been assigned to me. You are tentatively scheduled for the July 10, 2024, Planning Commission Hearing. The review and approval process is generally a 4-month process as follows: - Project assigned to a Planner. -Staff performs a field visit of the site. - Staff routes the request to all applicable agencies and gets back to the applicant if there are requests for additional information, concerns and/or recommendations. -A sign (or signs) will be created for you that you will pick up and must post 30 days before the Planning Commission Hearing. I will let you know when the sign is ready (around the middle of June). After the Planning Commission, the sign (or signs) must stay up through the City Council Hearing. -Staff prepares a report. -The report is submitted to the Planning Commission, who also visits many of the sites. -There is a Planning Commission Hearing (tentatively scheduled for (July 10, 2024) and vote, which is only a recommendation to City Council. - City Council makes the final decision (likely in 30-45 days after Planning Commission)—this date is not set until the item is heard by the Planning Commission. Initial Comments from Planner— • Public Outreach is an important component of our review process. It will be beneficial to you if you would provide to me letters of support from your neighbors, supporting your proposal.This is not required but recommended. The City will contact your adjacent neighbors and they will notice the orange public notice signs located in the front of your property. If you can, let your neighbors know what you are proposing. It will be very helpful when the Planning Commission and City Council are reviewing your case. Having your neighbors support is one thing that the Commissioners and Council take into consideration when making their decision. You may ask your neighbors to write a letter, or you can draft a letter that they sign with their address, giving their support of your application. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 I D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 I Virginia Beach,VA 23452 19 VBCITY OF VIRGINIA •- BEACH 20 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Police Reports for 4604 Pembroke Lake Circle Date: Friday,August 23,2024 10:46:48 AM From: David Shoenbach <DShoenba@vbgov.com> Sent: Friday,August 23, 2024 10:40 AM To: Marchelle L. Coleman <MColeman@vbgov.com>; Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com>; Allen L. Perry<ALPerry@vbgov.com> Subject: Re: Police Reports for 4604 Pembroke Lake Circle Officers responded to two separate calls at this address recently.The 1st was a fight involving juveniles where the business owner stated this was a party for her nephew.The 2nd was to assist the fire marshal for a head count because they were over capacity.They again spoke with the business owner who stated this was a party for a family member.Officers spoke with attendees who stated they were not family of the owner and they had rented the space for the party.There was alcohol being consumed at the party.Officers informed the business owner they needed to obtain a permit or business license from the city. No criminal charges resulted from either incident. MPO Shoenbach 3rd Precinct Get Outlook for Android L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY 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 WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(a,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/rfe 1876f633440cf9a8329f03da0e4288 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 3, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS () ti B H E U - S DATE:08/20/2024 PAGE: I R T II C L H C R A H T W W U E HEMR U A 1 0 CDN EMMOL Y L O C Y L S I OUML S T AGENDA H EEOCNS A O O E ITEM# SUBJECT MOTION VOTE I R YNK D ENR N N 1 CITY COUNCIL'S BRIEFINGS A. AFFORDABLE CHILDCARE Dr.Jane Glasgow, (Requested by Vice Mayor Wilson and Council Executive Director for Members Berlucchi,Henley,Remick,Ross- Minus 9 to 5-Eastern Hammond,Rouse,and Schulman) Virginia Medical School Barbara Lito, GrowSmart Coordinator— Economic Development B. COMMERCIAL AREA PATTERN BOOK Hank Morrison, (Requested by Council Members Ross- Comprehensive Hammond,Rouse,Schulman,and Wooten) Planning Administrator— Planning C. DOMINION OFFSHORE WIND UPDATE Came Rose Pace, Senior Communications Specialist—Dominion Energy II. CITY MANAGER'S BRIEFING A. STORM WATER MANAGEMENT Melanie Coffey, ORDINANCE UPDATE Stormwater Management Regulatory Division Manager— Public Works III.- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y Y VI. A-F G. MAYOR'S PRESENTATIONS 1. RESOLUTION—NEPTUNE FESTIVAL 50TH ANNIVERSARY 2. RECOGNITION OF KING NEPTUNE L Akhil Jain and Court Adam Carroll and Kylene Carroll, Celebration Chairmen 3. PROCLAMATION — GASTROPARESIS AWARENESS MONTH Lauren Katz 1.1. Ordinance to AMEND City Code Section 5-401 ADOPTED,BY 10-0 Y Y Y \ Y Y Y V 1' Y N" re fees for the impoundment of animals and CONSENT APPROPRIATE$13,915 to the Police Department re expenses related to animal impoundment at the Animal Care and Adoption Center(Requested by Council Members Berlucchi,Hutcheson,Remick,and Schulman) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U - S DATE:08/20/2024 PAGE: 2 R T H C L HCR A H T W W U EHEMR U A I 0 CDNEMMO L Y L O C Y L S I OUML S T AGENDA HE E OCNS A O O E ITEM# SUBJECT MOTION VOTE I R YNK D E NRNN 1.2. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y 1' Y A Y Y Y Y Y Y Y property in fee simple and acquisition of CONSENT temporary and permanent easements,either by agreement or condemnation re Shore Drive Corridor Improvements—Phase Ill Project, CIP 100381(formerly CIP 2-117) I.3 Ordinance to GRANT a Nonexclusive Franchise ADOPTED,BY 10-0 Y Y 1' A 1 Y Y Y Y Y Y Agreement to Metro Fibernet LLC re install, CONSENT operate,and maintain network facilities for telecommunication services 1.4. Ordinance to AUTHORIZE the execution of a DEFERRED 10-0 Y Y Y A 1 Y Y 1' Y Y 1' Cost Participation Agreement with Princess INDEFINITELY, Anne Village,LLC re construction of City BY CONSENT stormwater improvements 1.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y 1" Y 1 Y Y Y Y 1 Y Y $23,985 from the Virginia Department of CONSENT Housing and Community Development and AUTHORIZE a local grant match of$5,000 re develop a Broadband Adoption and Affordability Plan 1.6. Ordinance to APPROPRIATE$233,000 of ADOPTED,AS 10-0 1 Y I A Y 1' Y 1" 1' 1" Y fund balance from the General Fund and REVISED $233,000 of fund balance from the Tourism Investment Program(TIP)Fund to the FY2024- 25 Planning Department Operating Budget re Hampton Roads Transit as the local match for the Virginia Beach West Zone and Oceanfront Zone of the Regional Microtransit Project J.I. BONNEY G. BRIGHT / ROSANNE APPROVED/ 1 n-Il I Y Y A Y Y Y 1' 1' Y Y BRIGHT RAY SELF-SETTLED SPECIAL CONDITIONED, NEEDS TRUST for a Variance to Section BY CONSENT 4.4(b) of the Subdivision Regulations re create two lots at 5649&5605 Buzzard Neck Road DISTRICT 2 J.2. THALIA PLAZA, LLC for a DEFERRED TO 9-0 Y Y Y A Y 1" Y 1' Y 1" A Conditional Change of Zoning B-2 SEPTEMBER 3, 13 Community Business & R-5D 2024,BY CONSENT Residential Duplex District to Conditional B-4 Mixed Use Business A District and a Variance to Section 4.4(b) of the Subdivision Regulations re h redevelop two parcels and develop a 4-story mixed use building at 4317 I) Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 .1 3. HOLLY ROAD,LLC fora Street Closure re APPROVED/ 10-i) Y Y Y 1 Y Y 1' 1' 1" 1' Y portion of an unnamed, unimproved 15' CONDITIONED, Lane and an unimproved portion of Holly BY CONSENT Road adjacent to 300 Bay Colony Drive DISTRICT 6(Deferred from July 9,2024) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0) S B H S E U - S DATE:08/20/2024 PAGE: 3 R T H C L HCR A H T W W U E H EMR U A I O CDN E MMO L Y L O C Y L S I 0 UML S T AGENDA H E E 0 C N S A 00 E ITEM# SUBJECT MOTION VOTE 1 R _ Y N K D I N R N N J.4. WILLIAM F. DADDIO & JEAN A. APPROVED/ 10-0 Y 1 1" A Y Y Y Y Y Y Y GENTRY for Street Closure re CONDITIONED, approximately 375 square feet of an BY CONSENT unnamed,and unimproved alley,adjacent to the rear of 817 Vanderbilt Avenue DISTRICT 5 J.5. SCOTT GRIFFITH ALDRICH&JULIA APPROVED/ 10-0 Y l" Y A Y 1' Y Y 1" Y 1" WAREING ALDRICH, TRUSTEES CONDITIONED, UNDER THE ALDRICH FAMILY BY CONSENT TRUST for a Change in Nonconformity re alter and expand an existing dwelling at 200 43rl Street DISTRICT 6 J.6. NOVA TRAMPOLINE PARK VIRGINIA APPROVED/ 10-0 Y Y Y A 1" 1" 1" l V 1" Y BEACH, LLC / ELIAS PROPERTIES MODIFIED/ SALEM CROSSING, LLC for a CONDITIONED, Modification of Conditions to a Conditional BY CONSENT Use Permit re indoor commercial recreation facility at 2029 Lynnhaven Parkway DISTRICT 7 J.7. ERVIN JAMES fora Conditional Change APPROVED/AS 10-0 Y Y Y A 1" Y Y l" Y Y Y of Zoning from AG-2 Agricultural District PROFFERED,BY to Conditional R-10 Residential District re CONSENT create two single-family residential buildings lot at 2336 Painters Lane DISTRICT 5 J R. GREEN CLEAN HOLLAND. LLC / DEFERRED TO 7-3 Y Y V A Y N N 1' Y 1' N ALP&ALEX ASLAN for a Conditional SEPTEMBER 3, Use Permit re car wash facility at 4245 2024 Holland Road DISTRICT 10 (Deferred from July 9,2024) J.9. CALIBER BODYWORKS OF APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y 1" VIRGINIA, LLC DBA CALIBER CONDITIONED,BY COLLISION CENTERS/GHS II, CONSENT LC for a Conditional Use Permit re automobile repair garage at 3417 Chandler Creek Road,Units 135,136,& 137 DISTRICT 10 J.10. DIAMOND FARROW / STAR REAL DEFERRED TO 9-1 1 Y 1' 1 1" Y Y N Y Y Y ESTATE,LLC for a Conditional Use Permit SEPTEMBER 3,2024 re assembly use at 4604 Pembroke Lake Circle,Suite 104 DISTRICT 9 1 1 1 BRIAN L. HARRIS / AL MASON APPROVED/ 10-0 Y Y Y A l' Y Y 1" 1" 1" 1" LANDSCAPING,INC for a Conditional Use CONDITIONED,BY Permit re automobile repair garage at 212 CONSENT Southgate Avenue & adjoining southern parcel DISTRICT 4 J.12. LOGAN'S TOWING&SERVICE,INC/ APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y SOUTHGATE,LLC for a Conditional Use CONDITIONED,BY Permit re automobile repair garage at 225& CONSENT 229 Southgate Avenue DISTRICT 4 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U - S DATE:08/20/2024 PAGE: 4 R T H C L HCR A H T W W U E H EMR U A I O CDN E M M 0 L Y L O C Y L S I OUML S T AGENDA H E E 0 C N S A 00 E ITEM# SUBJECT MOTION VOTE I R YNK D E N R N N K. APPOINTMENTS RESCHEDULED 11 Y CONS EN S I S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY 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 WETLANDS BOARD COMMUNITY ORGANIZATION GRANT Reappointed: 10-0 Y Y Y A Y 1 1" 1" 1" Y Y REVIEW AND ALLOCATION COMMITTEE Robin Foreman- Wheeler— Representing Hampton Roads Community Foundation Robert Lougen— Representing At- Large Member Rosemary Wilson— Representing City Council Member 3 Year Term 9/1/2024—8/31/2027 COMMUNITY SERVICES BOARD Appointed: 10-0 l' l" Y A 1 1' 1 Y 1' 1' l' Grace Peart Unexpired Term thru 12/31/2025 DEVELOPMENT AUTHORITY Reappointed: 10-0 l 1" Y \ 1 Y Y 1" 1' Y Y Michael Standing Guenter Weissenseel 4 Year Term 9/1/2024—8/31/2028 Appointed: Don Horsley 4 Year Term 9/1/2024—8/31/2028 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS S B H S E U - S DATE:08/20/2024 PAGE: 5 R T H C L HCR A H T W W U EH EMR U A I 0 CDNEMMO L Y L O CYL S I OUML S AGENDA HE EOCNS A O O E II EM# SUBJECT MOTION VOTE _ I R YNK DENA N N HISTORIC PRESERVATION COMMISSION Appointed: 10-0 Y Y Y \ Y Y Y Y Y Y Y Naman Chowdhary - Representing High School Student Members Aubrey Swain Student Term 8/20/2024— 6/30/2025 HOUSING ADVISORY BOARD Reappointed: 10-0 1" 1" 1" A Y Y Y Y Y Y 1' Thomas McKee— Representing Multi Family Home Builder Don Weeks— Representing Single Family Home Builder 4 Year Term 10/1/2024— 9/30/2028 HUMAN RIGHTS COMMISSION Reappointed: 10-0 Y Y 1' A Y Y 1' 1" Y Y 1" Simone Nied— Representing High School Student Member Student Term 10/1/2024— 6/30/2025 OCEANA LAND USE CONFORMITY Appointed: 10-0 1" Y 1' A Y 1 1" Y 1' Y Y COMMITTEE Captain Joshua Appezzato— Representing Commanding Officer NAS Oceana No Term Guenter Weissenseel -Representing Development Authority Unexpired term thru 8/31/2025 +5 Year Term 9/1/2025—8/31/2029 PARKS AND RECREATION COMMISSION Appointed: 10-0 Y Y l" A Y Y l" Y Y Y Y Barrett Lankford— Representing High School Student Member Student Term 8/20/2024— 6/302025 PUBLIC LIBRARY BOARD Reappointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Robert Hofheimer Lisa Varga 4 Year Term 9/1/2024—8/31/2028 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U - S DATE:08/20/2024 PAGE: 6 R T H C L H C R A H T W N' U E H EMR U A 1 O C D N E M M 0 L Y L O C Y L S I 0 UM L S T AGENDA H E E 0 C N S AO 0 E ITEM# SUBJECT MOTION VOTE I R Y N K D ENR N N VIRGINIA BEACH CANNABIS ADVISORY Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y TASK FORCE Ryan Suit— Representing Cannabis Industry Unexpired Term thru 12/31/2025 L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 7:50 PM