No preview available
HomeMy WebLinkAbout9-17-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�N1A�F 4C VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERL UCCHI-District 3 0 rP0 BARBARA M.HENLEY-District 2 '^ DAVID HUTCHESON-District I U ,� a ROBERT W "WORTH"REMICK-District 6 ' DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 '•., .�` JOASHUAF. "JOASH"SCHULMAN-District 9 °' °u■ •�t`O"� CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE C17Y MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY A7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.•(757)385-4303 C17YASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS September 17, 2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 2:00 PM A. EMERGENCY MEDICAL SERVICES STRATEGIC PLAN AND INITIATIVES Chief Jason Stroud II. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 2:30 PM III. CITY COUNCIL AGENDA REVIEW 2:45 PM IV. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. `Bobby"Dyer B. INVOCATION Pastor Brent Patrick Lead Pastor. Gateway Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS September 3, 2024 2. SPECIAL FORMAL SESSION September 10, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION—HUNGER ACTION MONTH AND HUNGER ACTION DAY Christopher Tan, President and CEO—Foodbank of Southeastern Virginia and the Eastern Shore I. PUBLIC HEARINGS 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way/Sportsplex and Field Hockey Complex 2. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 152.96 acres at 1368 Pleasant Ridge Road 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Robinson Road Improvements Project, CIP 100347.032 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to DESIGNATE October 9, 2024 as PANDAS and PANS Awareness Day and to DIRECT the City Manager to illuminate Building 30 and the Virginia Beach Convention Center with green lighting (Requested by Mayor Dyer) 2. Ordinance to ADD City Code Section 21-307 re authorize enforcement of parking regulations in facilities owned by the City of Virginia Beach Development Authority and set a fee for removal of a vehicle immobilization device 3. Ordinance to REPEAL Chapter 30, Article III, Erosion and Sediment Control and Tree Protection and Appendix D, Stormwater Management and ADOPT and REORDAIN Appendix D, Erosion and Stormwater Management 4. Ordinance to AMEND the Economic Development Investment Program ("EDIP") Policy and Procedure 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years with the United States Coast Guard re 36+/- square foot portion of City property located on the Jetty on the North side of Rudee Inlet 6. Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion of an unimproved lane adjacent to the rear of 200 7611 Street 7. Ordinance to ESTABLISH Capital Project#100684, "Seatack Park Improvements," and to APPROPRIATE $3-Million in Public Facility Revenue Bonds 8. Ordinance to ACCEPT and APPROPRIATE $719,970 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team 9. Ordinance to ACCEPT and APPROPRIATE $467,000 from the Police Federal & State Seized Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police equipment and training 10. Ordinance to ACCEPT and APPROPRIATE $122,600 from the Virginia Department of Motor Vehicles (DMV) to the FY2024-25 Police Department Operating Budget re overtime and equipment expenses related to the seatbelt and speed enforcement and AUTHORIZE a 50% in-kind grant match 11. Ordinance to ACCEPT and APPROPRIATE $55,450 from the Virginia Department of Motor Vehicles (DMV) to the FY2024-25 Police Department Operating Budget re overtime, training, and equipment expenses related to the DUI enforcement and AUTHORIZE a 50% in-kind grant match 12. Ordinance to ACCEPT and APPROPRIATE $81,861.55 and an additional $2,455.85 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for wildfires in New Mexico 13. Ordinance to ACCEPT and APPROPRIATE $19,538.76 and an additional $586.16 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for a tropical disturbance in Puerto Rico and REIMBURSE $2,000 to the Federal Emergency Management Agency for the overpayment re 2020 Puerto Rico Earthquake deployment 14. Ordinance to ACCEPT and APPROPRIATE $66,112.23 and an additional $1,983.37 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Texas 15. Ordinance to ACCEPT and APPROPRIATE $12,320 and an additional $369.60 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Puerto Rico 16. Ordinance to ACCEPT and APPROPRIATE $1,000 from the Virginia Department of Emergency Management to the FY2024-25 Emergency Communications and Citizen Services Operating Budget re Public Safety Answering Points (PSAP) education program 17. Ordinance to ACCEPT and APPROPRIATE $250 from the Virginia Alcoholic Beverage Control Authority's Youth Alcohol and Drug Abuse Prevention Project to the FY2024-25 Parks and Recreation Operating Budget re Youth Alcohol and Drug Abuse Prevention Project L. PLANNING 1. MARY LIVELY for a Variance to Section 4.4(b) of the Subdivision Regulations re construct a single-family dwelling for a parcel directly East of 1140 Rollingwood Arch and North of 989 Autum Harvest Drive DISTRICT 1 RECOMMENDATION: DENIAL 2. TIMOTHY PAASCH / OCEAN RESCUE SERVICE INC for a Special Exception For Alternative Compliance re low-speed vehicle storage at 1804 Arctic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 3. GORDON R. CRENSHAW & HANNAH I. CRENSHAW for a Street Closure re approximately 6,327 square feet of an unimproved portion of Windsor Road adjacent to 1217 North Bay Shore Drive DISTRICT 6 (Deferred from August 13, 2024) RECOMMENDATION: APPROVAL 4. OUR LADY OF PERPETUAL HELP CENTER, INC. for a Modification of Conditions to a Conditional Use Permit re increase the number of units from 120 to 124 and to expand the building by 16,850 square feet at 4560 Princess Anne Road DISTRICT 1 RECOMMENDATION: APPROVAL 5. DOGS REAL ESTATE, LLC for a Conditional Use Permit re residential kennel at 3449 Robinson Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. ROBERT JESSUP/ROBERT & JENNIFER A. JESSUP for a Conditional Use Permit re home occupation at 2940 Dante Place DISTRICT 3 RECOMMENDATION: APPROVAL 7. DANIELLE GOOD/STAR REAL ESTATE LLC for a Conditional Use Permit re tattoo parlor at 397 Little Neck Road DISTRICT 8 RECOMMENDATION: APPROVAL 8. Ordinance to ADOPT a new Official Zoning Map,which shall replace the existing Official Zoning Map,due to a change in the computer mapping format used to store the map data and develop the printed copies. There are no changes to the Zoning District or their existing locations between the current and proposed maps. RECOMMENDATION: ADOPTION M. APPOINTMENTS AGRICULTURE ADVISORY 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 HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION 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 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at httns:Hclerk.viriziniabeach. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(avbgov.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/rd6c3f6b39d 1 e8 fbeffa73 fc5376848b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 17, 2024. I. CITY MANAGER'S BRIEFING - Conference Room- 2:00 PM A. EMERGENCY MEDICAL SERVICES STRATEGIC PLAN AND INITIATIVES Chief Jason Stroud II. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 PM III. CITY COUNCIL AGENDA REVIEW 2:45 PM IV. INFORMAL SESSION - Conference Room- 3:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Brent Patrick Lead Pastor, Gateway Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS September 3, 2024 2. SPECIAL FORMAL SESSION September 10, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION—HUNGER ACTION MONTH AND HUNGER ACTION DAY Christopher Tan, President and CEO—Foodbank of Southeastern Virginia and the Eastern Shore i►-'9'�S �3p�4'�0��1 L`'tr5/`Arl OUR N i9rodamation IVfi iW Munger and povery are issues of vital concern in 4rginia where more than 11% of people face hunger in and one in every 7 chiddren do not know where their next meafwid come fiats;and 4Mrte= Everyone needs nutritious food to thrive,and in every community in America people are uvtf W hard to provide for themselves and their families yet in 2022, 44 milCwn people-1 in-7 indudeng more than 13 miSon children-1 in S-faced food insecurity in the V.S.that includes 45,250 in the City of Virginia Beach;and '640trax ?he oty of Virginia Beach of Virginia is committed to takng steps to combat hunger in every part of our community and to prov&adfitional resources that those in Southeastern Virginia neat;and Wier as: The City of Virginia Beach of Virginia is committed to working with the TFoodbankof Southeastern. Virginia and the Eastern Shore, a member of the Feeding America®nationwide network of food 6anks, in educating people about the role and importance of food ban fs in addressing hunger and raising awareness of the needto devote more resources andattention to hunger issues;and 4Vh= 91fore than 9.9%of indwiduals in City of Virginia Beach rely on food provided 6y the mem6ers of the TwAankof Southeastern Virginia and the Eastern Shore annually,•and 4Miffaas 4he members of the ToodbankofSoutheastern Virginia and the Eastern Shore distributedmore than 20 nuawn meals to in fucalyear 2024. through its networkof foodpantr*soup kitchens,shelters, andothercomrnunity organizations;and tiVKanaQs: The month of September has been designated 7funger Action 96tonth"and September loth as WungerAction Day"in order to bring attention to food insecurity in our communities and to enlist the pubfc in the movement to end hunger by taking action—indudmg volunteer shifts,social media shares,and donations—to ensure every community, and everybody in it, has the food they need to thrive;and ivfim r Food banks across the country, inAding the members of the Federation of'Vtrginta ToodBanks— Tood6ank of Southeastern Virginia and the Eastem Shore, Virginia ftninsufa TooAank Feed Wore, Eredericks6urg fgionafToodBank,Capitafgrea(ToodBank Bfte 4UdgeArea ToodBank, and,feedng Southwest Virgina—will host numerous events throughout the month of September to bring awareness and'help end hunger in their local community. Now,?hffejb t,I,Wilbert 94. Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby Trocfaim: September 17 2024 Munger Action JKontfi and��funger Action (Day In Vaok Beach,I call upon aff the citizens of our 6efoved city to join me in recognizing the importance to bring attention to food insecurity in our communities by takng action to end hunger. In Wifttess%Vhnwf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affiTed this Seventeenth(Day of September,Two 2housandTwenty-FFour. &bert 94. "BoAv"Eyer Mayor I. PUBLIC HEARINGS 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way/ Sportsplex and Field Hockey Complex 2. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 152.96 acres at 1368 Pleasant Ridge Road 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Robinson Road Improvements Project, CIP 100347.032 PUBLIC HEARING MANAGEMENT OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,September 17, 2024, at 6*00 p.m. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the execution of a Management Agreement between the City of Virginia Beach and Hometown Sports Management, LLC for the following City- owned property: Sportsplex and Field Hockey Complex located at 2044 Landstown Centre Way,consisting of approximately 37.2 acres (portions of GPINs: 1484-97- 4769, 1484-87-1971 and 1484-86- 9245). If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 3854303;Hearing impaired call 711. Any questions concerning this matter should be directed to the Dept of Parks and Recreation, 4001 Dam Neck Road, Virginia Beach, VA 23456, Attn: Jane Jagodzinski, (757) 385-1100, fun@VBPov.com If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on September 17,2024. 2. Download WebEx and view the meeting at: hftns,//vh9ov-we1bex.com/we1bI i n k/ rvister(rd6.Rf6b39d1 gfbeffa7�f c5376848b6 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 8,2024 o 5� f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Management Agreement for the Operation and Management of the Sportsplex and the Field Hockey Complex PUBLIC HEARING DATE: September 17, 2024 MEETING DATE: October 1, 2024 ■ Background: The City of Virginia Beach (the "City") owns property located at 2044 Landstown Centre Way, consisting of approximately 37.2 acres, and commonly known as the Sportsplex and Field Hockey Complex (collectively, the "Facilities"). On January 14, 2024 and January 21, 2024, the City issued a Public Notice requesting bids for the management of the Facilities (the "Bid Request"). Hometown Sports Management, LLC ("HSM") responded to the Bid Request, and the bid was opened and summarized at City Council meeting on March 5, 2024. City staff evaluated HSM's bid proposal and determined that it would serve the needs of the City and its citizens and visitors and promote the use of the Facilities. City staff and HSM have now finalized a Management Agreement based on the terms and conditions set forth in the Summary of Terms, attached to the Ordinance as Exhibit A. ■ Considerations: The term of the Management Agreement would be for 20 years. HSM would pay the City a portion of annual gross revenues based on a revenue sharing plan and would be responsible for ordinary maintenance and repairs, as more particularly set forth in the Summary of Terms. The City would be responsible for major capital expenditures and repairs, subject to appropriation of funds by City Council. ■ Public Information: Public Notice requesting bids was advertised in The Virginian-Pilot on January 14, 2024 and January 21, 2024. The bid was opened at City Council's informal session and summarized in its formal session on March 5, 2024. Notice of Public Hearing was advertised on September 8, 2024 and the hearing will be held on September 17, 2024. Public notice was also provided via the normal City Council agenda process. ■ Alternatives: Approve Management Agreement as presented, change terms of the Management Agreement or decline entering into an agreement. 0 Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Parks & Recreation City Manager: {' 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE A MANAGEMENT AGREEMENT FOR THE 3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX 4 AND THE FIELD HOCKEY COMPLEX 5 6 WHEREAS, On January 14, 2024 and January 21, 2024, City Council issued 7 Public Notice requesting Bids for Management of City Property for the management of 8 the Sportsplex and the Field Hockey Complex (the "Bid Request'); 9 10 WHEREAS, Hometown Sports Management, LLC, a Virginia limited liability 11 company ("HSM") responded to the Bid Request, and City Council directed staff to 12 attempt to finalize negotiations with the principals of HSM for the management of the 13 existing Sportsplex and Field Hockey Complex facilities; 14 15 WHEREAS, staff has finalized a management agreement with HSM for the 16 management and operation of the Sportsplex and Field Hockey Complex, as set forth in 17 the Summary of Terms attached hereto as Exhibit A, and incorporated herein; 1e 19 WHEREAS, a location map showing the property to be subject to the 20 Management Agreements as"Sportsplex Area" and "Field Hockey Complex" is attached 21 hereto as Exhibit B. and 22 23 WHEREAS, the City Council finds that entering into a management agreement 24 with HSM for the management and operation of the Sportsplex and Field Hockey 25 Complex will be in the best interest of the City and will promote the use of those 26 facilities. 21 28 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a management 32 agreement for the management and operation of the Sportsplex and Field Hockey 33 Complex so long as such agreement is consistent with the Summary of Terms attached 34 hereto as Exhibit A and such other terms and conditions deemed necessary and 35 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney; 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 38 of___. _...__ , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY A RM: Parks & Recreation City Attorney CA16265 c Ausers\cking\appdatavoca I\microsoR\windows\inetcache\content.outlooWei9pi22\00003288.d oc R-1 9/9/24 Exhibit A Summary of Terms PROPERTY: Sportsplex: Area shown as "Sportsplex Area" on attached Location Map. Field Hockey Complex: Area shown as "Field Hockey Complex" on attached Location Map OWNER: The City of Virginia Beach (the "City") MANAGER: Hometown Sports Management, LLC, a Virginia limited liability company (the "Manager") PURPOSE: Manager will operate and manage on behalf of the City both athletic facilities. TERM: 20 years. REVENUE SHARING: The Manager will pay City an annual amount equal to five percent (5%) of the combined annual gross revenues of the Sportsplex and the Field Hockey Complex in excess of $1,100,000. Any revenue generated from the sale of sponsorships or naming rights shall be included in the calculation of gross revenues. IMPROVEMENTS: Manager to invest up to $600,000 in in upgrades to the facilities. The City will fund the replacement of(i) artificial turf fields at the Sportsplex, (ii) install new lights for Field 2 of the Field Hockey Complex, (iii) convert existing grass fields at the Field Hockey Complex, and (iv) flatten the berm at the Sportsplex and create a grass training area. The City funded improvements shall not exceed $4,138,500. CAPITAL MAINTENANCE & REPAIRS: The City will be responsible for all major capital expenditures and repairs at the Sportsplex and the Field Hockey Complex; the necessity and timing of such repairs to be in the sole discretion of the City and subject to the appropriation of funds by City Council. 2 Major capital expenditures to be defined as any expense with a minimum cost of$10,000 and a life expectancy in excess of 5 years. Repetitive or multiple repairs not to be aggregated to reach $10,000 but planned systemic repairs may be aggregated. The City Manager to request appropriation each year for capital repairs, including $50,000 per year for unexpected capital repairs. The City's funding of repairs is subject to appropriation. Manager shall have right to terminate the agreement if unfunded repairs leave facilities unsafe or unusable. ORDINARY MAINTENANCE & REPAIRS: The Manager is responsible for all non-capital repairs and maintenance, including maintenance and replacement of all lights. TITLE TO PROPERTY: Title to the Property shall remain vested in City. The Manager shall not encumber the Sportsplex or the Field Hockey Complex with any liens. PERMISSIBLE USES: A list of pre-approved uses of the Sportsplex shall be agreed on by the City and the Manager prior to the execution of the Management Agreement. City may object to any proposed use of the Sportsplex not pre-approved. PERFORMANCE STANDARDS: The Sportsplex shall be operated in conformity with the performance standards as set by the City of Virginia Beach Parks and Recreation Department. 3 f PRINCESS ANNE ATHLETIC Exhibit B t DEVELOPMENT,LLC GENERALIZED PLAN OF DEVELOPMENT yIN "I p VMS VMu'MMA BEACH . ._� .orN�w►wr j f ��*` 120 VIRGINIA POWER EA`SEK*NT tk F"15h (0 TP \j( CITY OF VIRGINIA BEACH > V PONO POTE►i"A ACRES ex AMC)PANSION A,tl•PARCEL t+ y _ i J n'` P Oy '�'�' d► ��� ����� . " wcwNO Complex Field Hocke 1 I. low 4*4 f a r `,, \ EACH '2,9 a, E D t � IELD HOUSE F T� STAOiU6n ` ports lex Area FUTURE `� ✓� SPORTSPLEX - --- BUSINESS PARK Fa o ) 96.4+ACRES xxev�!�reto� � f .: FWLo++OCKor:K � J t 9EATU1a- � t �<q^ UNITED STATES I.� A ; '0 m FIELD HOCKEY f I - W NATIONAL TRAINING CENTER Z m n rn so MARK — HEAST�RN EX R p _w ESS WA --- I 1 0s) ioo•L 0 too zoo• VB BEACH CITY OF Disclosure 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application ALL( Is Applicant also the Owner of the subject property? Yeso Nolo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes®No® _ If yes, name Representative: Q>"�((ZS - 171 ' f W o� 1 i` c, Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes,&WNoo 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 z relationship with the applicant. (Attach list if necessary.) 1: Lo,'43 I) 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 the subject land or any proposed development contingent on the subject public action? Yese No® If yes, name the official or employee, and describe the nature of their interest. �Z vG vtC �•1�� ,�.�c i� kc t,h1 1-, 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.) Real Estate Broker/Agent/Realtor © 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION 1 : APPLICANT • - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation Is 0 lsciSC C-14-11V° i C P A Architect/Designer/Landscape Architect/Land Planner ® O V Construction Contractor ® 761) Engineer/Surveyor/Agent ® © G E I Legal Services ® 0 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. Applicant Name(Print) Applicant Signature ate s "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 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 some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. fQR CITY tiSE ONLY: No changes as of(date): Staff Name(Print) Staff Signature Date Disclosure Statement ( rev. M a y-2024 page 2 of 3 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 152.96 acres of land located at 1368 Pleasant Ridge Road (GPINs: 2411-99-6130 and 2421-08- 8304), in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95- 2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of$1,171,582.The public hearing, which may be continued or adjourned,will be held by the City Council on Tuesday.September 17.2024,at 6:00 p.m.,in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 17,2024. 2. Download WebEx and view the meeting at: h nc://vbgQv.wehex.rom/weblink/ re96stPr/rd6c3f6b39d le8fbeffa7 f c5376848h6 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 1,2024& SEPTEMBER 8,2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from David W. Heafner, Jr. (152.96+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $1,171,582, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: September 17, 2024 MEETING DATE: October 1, 2024 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of two (2) parcels having approximately 152.96 acres outside of marshland and swampland, is owned by David W. Heafner, Jr. The parcels are located at 1368 Pleasant Ridge Road (GPINs: 2411-99- 6130 and 2421-08-8304) and are shown on the attached Location Map. Under current development regulations, there is a total development potential of five (5) single-family dwelling building sites, of which zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $1,171,582. This price is the equivalent of approximately $7,659.40 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.473% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.473% without the further approval of the City Council. The City has matching funds available for a portion of this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 20, 2024 (RES-04253). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised twice by publication in a newspaper having general circulation in the City, with the first notice appearing no more than twenty-eight days before the hearing and the second notice appearing no less than seven days before the hearing (September 1, 2024 and September 8, 2024). The Public Hearing will be held on September 17, 2024. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: VW 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM DAVID W. HEAFNER, JR. (152.96+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $1,171,582, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $1,171,582; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.473% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.473% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $393,338.90 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department B dget and Management ervices CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF CD Director of Finance City Attorney's Office CA 16423 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d012\p050\00985587.doc R-1 September 3, 2024 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2024-172 SUMMARY OF TERMS SELLER: David W. Heafner, Jr. PROPERTY: 1368 Pleasant Ridge Road/GPINs: 2411-99-6130 and 2421-08-8304 PURCHASE PRICE: $1,171,582 EASEMENT AREA: 152.96 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.473% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.473%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP GPIN: 2411-99-6130 (1368 Pleasant Ridge Road) m PR , OdO. e :r r Disclosure Statement X13 it u of virgiuu+Midi 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 GWw1 �� rf .} f Does the applicant have a representative? ❑ Yes ?No O If yes,list the name of the representative. Is the applicant a corporation,partnership,firm, business,trust or an unincorporated business? ❑ Yes a No ® If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) ® If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 � Disclosure Statement X13 t ityofVbgi1aQlt(Ud1 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 e If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? [AYes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ail No • If yes, identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes [9 No • If yes, identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes �l NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No ® If yes, identify the purchaser and purchaser's service providers. 2 � Disclosure Statement ray of virghna Bt dh 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 P NO ® If yes, identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO a If yes, identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes [�] NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA, CBPA,Wetlands Board or any public bZT ee in connection with this application. Appl' ant Signature fi . Jt I%/ Print Nalne�and itle -31 Date Is the applicant also the owner of the subject property? 0 Yes ❑ No ® If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ • . . ny Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name 3 PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,September 17,2024 at 6:00 p.m., in the City Hall Building (Building #1) at the Municipal Center, Virginia Beach, Virginia, on the proposed acquisitions, by agreement or condemnation, of permanent and temporary easements necessary for the Robinson Road Improvements Project,CIP 100347.032(the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757) 385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on September 17,2024. 2. Download WebEx and view the meeting at: hhttns,/Lgov.w br�om/wehiink/ re igtP.r/rd6c3f6h39d1e8fbeffa73f c5376848h6 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 8,2024 cE } i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition of temporary and permanent easements for the Robinson Road Improvements Project, CIP 100347.032, either by agreement or condemnation PUBLIC HEARING DATE: September 17, 2024 MEETING DATE: October 1, 2024 ■ Background: The Robinson Road Improvements Project, CIP 100347.032 (the "Project") is focused on improving a currently unfinished section of Robinson Road, connecting its south end to Charity Neck Road. The Project will involve constructing approximately 900 feet of new roadway, to provide an important second egress during flood events to improve safety. The improvements will include the construction of 900 linear feet of a two-lane rural road with shoulders and an open channel drainage system. The Project is part of the Rural Roads Improvements II program and is entirely City- funded. The full design is expected to be completed by October 2024, with construction anticipated to begin in June 2025. The construction phase is projected to take approximately one and a half years to complete, addressing the safety and accessibility concerns along this route. The importance of the Project cannot be overstated, as the area experiences tidal flooding three to four times a year due to wind tides. The flood depths, ranging from one to two feet, currently prevent access to approximately 17 properties. By constructing the missing road segment, the Project will provide a reliable egress during flood events, significantly enhancing the safety and accessibility for residents in the affected area. ■ Considerations: The Project will require permanent and temporary easements from 4 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. ■ Public Information: An advertised public hearing will be held on September 17, 2024, and public notice will be provided via the normal Council agenda process. Although the willingness to hold a public hearing for the Robinson Road Improvements Project was advertised on April 28, 2024, in The Virginian-Pilot Beacon, no requests for a meeting were received from the public. As a result, no meeting was held. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 ' v 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 ROBINSON ROAD IMPROVEMENTS 5 PROJECT, CIP 100347.032, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 s WHEREAS, the Robinson Road Improvements Project, CIP 100347.032 (the 9 "Project"), is a roadway improvements project to improve transportation, stormwater, public 10 utilities and safety within the City and for other related public purposes for the preservation 11 of the safety, health, peace, good order, comfort, convenience, and for the welfare of the 12 people in the City of Virginia Beach; and 13 14 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 15 public necessity exists for the construction of this important roadway project to provide 16 improved functioning and connectivity, including the connection of Robinson Road at its 17 south end to Charity Neck Road. The Project will provide improved egress during wind- 18 driven flood events and will enhance the safety and accessibility for residents for the 19 affected areas. The Project will make the road more accessible and functional for the 20 preservation of the safety, health, peace, good order, comfort and convenience and for the 21 welfare of the people in the City of Virginia Beach. 22 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Section 1. That the City Council authorizes the acquisition by purchase or 28 condemnation pursuant to Sections 15.2-1901, et seq., 15.2-2109, and Title 25.1 of the 29 Code of Virginia of 1950, as amended, of all those certain temporary and permanent 30 easements (the "Property"), as shown on the Project plans entitled "ROBINSON ROAD 31 PROPOSED IMPROVEMENTS CIP NO. 100347.032 PWCN-20-0139," and more 32 particularly described on the acquisition plats for the Project (plats and plans collectively 33 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 34 of Public Works, City of Virginia Beach, Virginia. 35 36 Section 2. That the City Manager is hereby authorized to make or cause to be made 37 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 38 offer to the owners or persons having an interest in said Property. If refused, if the property 39 owners are unable to convey clear title, or if the owners cannot be identified or located, the 40 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 41 to condemn to acquire title to the Property. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 , 2024. CA16569 R-1 8/21/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d023\p047\00988423.doc APPROVED AS T CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P&BLIWORK REAL ESTATE CITY AT RN •Y { r ' Sp�yy i i !7,777 F �t G issing Segment �n�o1v ROBINSON ROAD AREA NAP CITY OF'ARGINIA BEACH DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION STATEVIRGINIA VEANE CODBDINATE DA3E: AVN Bv. PROJECT E-N- SVSTW SOUTH ZONE,NAD 3BB3/13 MMN Drawing Not To Scale "°"`°°' CARD OE..FILE VA6MN BT�1ElUNf roDBDINniE r SYSRM,SgRMZONE,NAD 1'+Pl/�5=BARN 4 ,�Y=. } ^1 y�� M'�•3. °� :��� hv� 5Y may' Wf � t�1� n '+ 4 w ', `� '�}sysp i,� �IVY(� •gyp :,,. . � e �.x e '� j t t�,; '•id +(�e •.'k �"C �'� .d k` ,'..":"^+. a.. 5, �• - ;.3•r )t-'pit, �ryti, ✓Ss': L `",'±# s� Y :_, 4 t,;A• �t \ L� t:, t � a. �.r` ,� �t e :� �a 'aw`=Y"$�`��' + ',• +�,d:� 4 ' ~�.,"°��.. .mac j s t K 3 : M y Y b I ti l• F n LEGEND: Existing Right of Way(ROW)According to City Map ROBINSON ROAD EXISTING CONDITIONS CITY OF VIRGINIA BEACH DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION DIE: dU'M1 Br. '11Q[Cf dfaELR Drawing Not To Scale Sv5(M.SO�in 2UNk.NAD[19A3/93AynAn o- � � �F � �i'Ak a w-f�"'F' i 1,t y, T��� • f r�,�.,`s ,.: �.. F � \� .- ��M����4 n h s - 4 -y l.a •,y,,., nt' -.,n"i w.x.._... ,,.,..,�.,"^„ all 5 } y � a a. a Y n A - , r L y LEGEND: Existing Right of Way(ROW)According to City Map ROBINSON ROAD Proposed Roadway Improvement PROPOSED IM GINIA BEACH CITY Or OF PUBWOW DEPARTMENT OF PUBLIC WORKS �, J ENGINEERING DIVISION DAIE'. •MN" PRD.ECT UO[[R: Drawing Not To Scale °,�D DCSIpI N ' W E ML MORAL TIN, ME Won RD r. t . O ��. 0 �'"' .e•" .gyp" y it i rp� t r 9 LOCATION MAP ROBINSON ROAD 1 PROPOSED IMPROVEMENTS Legend CIP#100347 F Project Area t Feet City Property l !� 0 100 200 400 Prepared by P.W./Enq./Enq.Support Services Bureau 08/21/2024 X:\CADD\Projects\Arc Flles\AGENDA MAPS\CIP 100347\CIP 100347 Aerial.mxc O N , z � co W E w / $/ Of r •.�� m � 4.1 1 t� � :i i • I �..r ! •• i� J I ROBIN8b / N RD / Legend LOCATION MAP ROBINSON ROAD ® Project Area PROPOSED IMPROVEMENTS City Property CIP#100347 Building Footprint L-----I Feet - Road Surface 0 100 200 400 Prepared by P.W./Enq./Enq.Support ervices Bureau 08/21/2024 XACADD\Projects\Arc Files\AGENDA MAPS\CIP 100347\CIP 100347.mxc J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to DESIGNATE October 9, 2024 as PANDAS and PANS Awareness Day and to DIRECT the City Manager to illuminate Building 30 and the Virginia Beach Convention Center with green lighting (Requested by Mayor Dyer) 2. Ordinance to ADD City Code Section 21-307 re authorize enforcement of parking regulations in facilities owned by the City of Virginia Beach Development Authority and set a fee for removal of a vehicle immobilization device 3. Ordinance to REPEAL Chapter 30, Article III, Erosion and Sediment Control and Tree Protection and Appendix D, Stormwater Management and ADOPT and REORDAIN Appendix D, Erosion and Stormwater Management 4. Ordinance to AMEND the Economic Development Investment Program ("EDIP") Policy and Procedure 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five(5)years with the United States Coast Guard re 36+/- square foot portion of City property located on the Jetty on the North side of Rudee Inlet 6. Ordinance to EXTEND the date for satisfying the conditions re closing a 750 square foot portion of an unimproved lane adjacent to the rear of 200 76" Street 7. Ordinance to ESTABLISH Capital Project#100684, "Seatack Park Improvements," and to APPROPRIATE $3-Million in Public Facility Revenue Bonds 8. Ordinance to ACCEPT and APPROPRIATE $719,970 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team 9. Ordinance to ACCEPT and APPROPRIATE $467,000 from the Police Federal & State Seized Assets Special Revenue Fund to the FY2024-25 Police Department Operating Budget re police equipment and training 10. Ordinance to ACCEPT and APPROPRIATE $122,600 from the Virginia Department of Motor Vehicles (DMV) to the FY2024-25 Police Department Operating Budget re overtime and equipment expenses related to the seatbelt and speed enforcement and AUTHORIZE a 50% in-kind grant match 11. Ordinance to ACCEPT and APPROPRIATE $55,450 from the Virginia Department of Motor Vehicles (DMV) to the FY2024-25 Police Department Operating Budget re overtime, training, and equipment expenses related to the DUI enforcement and AUTHORIZE a 50% in-kind grant match 12. Ordinance to ACCEPT and APPROPRIATE $81,861.55 and an additional $2,455.85 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for wildfires in New Mexico 13. Ordinance to ACCEPT and APPROPRIATE $19,538.76 and an additional $586.16 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for a tropical disturbance in Puerto Rico and REIMBURSE $2,000 to the Federal Emergency Management Agency for the overpayment re 2020 Puerto Rico Earthquake deployment 14. Ordinance to ACCEPT and APPROPRIATE $66,112.23 and an additional $1,983.37 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Texas 15. Ordinance to ACCEPT and APPROPRIATE $12,320 and an additional $369.60 from the Federal Emergency Management Agency to the FY2024-25 Fire Department Operating Budget re mobilization of Virginia Task Force 2 for Tropical Cyclone Beryl in Puerto Rico 16. Ordinance to ACCEPT and APPROPRIATE $1,000 from the Virginia Department of Emergency Management to the FY2024-25 Emergency Communications and Citizen Services Operating Budget re Public Safety Answering Points (PSAP) education program 17. Ordinance to ACCEPT and APPROPRIATE $250 from the Virginia Alcoholic Beverage Control Authority's Youth Alcohol and Drug Abuse Prevention Project to the FY2024-25 Parks and Recreation Operating Budget re Youth Alcohol and Drug Abuse Prevention Project Ib q• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating October 9, 2024 as PANDAS and PANS Awareness Day and Directing the City Manager to Illuminate Building 30 and the Virginia Beach Convention Center with Green Lighting MEETING DATE: September 17, 2024 ■ Background: Pediatric Autoimmune Neuropsychiatric Disorder Associated with Streptococcal Infections ("PANDAS") and Pediatric Acute-onset Neuropsychiatric Syndromes ("PANS") are neuropsychiatric conditions that result from streptococcal, bacterial, or viral infections, or environmental triggers, and cause abnormal activation of the immune system. Children with PANDAS and PANS experience a sudden, dramatic change in personality displayed as obsessive compulsive disorder. Symptoms of PANDAS and PANS generally begin between the age of three and the onset of puberty, and include tics, restrictive eating, emotional lability, depression, irritability, aggression, oppositional behavior, behavioral regression, oppositional behaviors, deterioration in handwriting, loss of math skills, sensory or motor abnormalities, sleep disturbances, and urinary frequency. Researchers believe PANDAS and PANS involve a misdirected autoimmune response that weakens the blood brain barrier and irritates a region of the brain that manages a variety of functions, such as movement, cognitive perception, executive thinking, emotions, and the endocrine system. PANDAS and PANS are estimated to affect as many as 1 in 200 children in the United States and are often misdiagnosed and undertreated. Researchers at the National Institutes of Health are engaged in extensive research to determine how to effectively treat PANDAS and PANS. There is a nationwide movement to raise awareness of PANDAS and PANS by designating October 9, 2024 as PANDAS AND PANS Awareness Day. Increased awareness of PANDAS and PANS is critical because it can lead to proper diagnosis and treatment of the disorders, thereby improving the quality of life for children and families affected by PANDAS and PANS, and decrease costs to taxpayers from children requiring additional special services within the school system, intensive inpatient psychiatric and residential care paid by Medicaid, and disability insurance payments if the diseases remain untreated. Two City buildings, Building 30 and the Virginia Beach Convention Center, have lighting that can be used to illuminate the buildings, and the illumination of those buildings in green will promote PANDAS and PANS awareness. The above-mentioned City buildings are scheduled to be illuminated in green on October 9, 2024 in recognition of PANDAS and PANS Awareness Day. Page 2 of 2 ■ Considerations: City Council hereby designates October 9, 2024 as PANDAS and PANS Awareness Day. The City Manager is directed to illuminate Building 30 and the Virginia Beach Convention Center with green lighting in recognition of PANDAS and PANS Awareness Day on October 9, 2024. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 A RESOLUTION DESIGNATING OCTOBER 9, 2024 AS 2 PANDAS AND PANS AWARENESS DAY AND DIRECTING 3 THE CITY MANAGER TO ILLUMINATE BUILDING 30 AND 4 THE VIRGINIA BEACH CONVENTION CENTER WITH 5 GREEN LIGHTING 6 7 WHEREAS, Pediatric Autoimmune Neuropsychiatric Disorder Associated with 8 Streptococcal Infections ("PANDAS") and Pediatric Acute-onset Neuropsychiatric 9 Syndromes ("PANS") are neuropsychiatric conditions that result from streptococcal, 10 bacterial, or viral infections, or environmental triggers, and cause abnormal activation of 11 the immune system; 12 13 WHEREAS, children with PANDAS and PANS experience a sudden, dramatic 14 change in personality displayed as obsessive compulsive disorder; 15 16 WHEREAS, symptoms of PANDAS and PANS generally begin between the age 17 of three and the onset of puberty, and include tics, restrictive eating, emotional lability, 18 depression, irritability, aggression, oppositional behavior, behavioral regression, 19 oppositional behaviors, deterioration in handwriting, loss of math skills, sensory or motor 20 abnormalities, sleep disturbances, and urinary frequency; 21 22 WHEREAS, researchers believe PANDAS and PANS involve a misdirected 23 autoimmune response that weakens the blood brain barrier and irritates a region of the 24 brain that manages a variety of functions, such as movement, cognitive perception, 25 executive thinking, emotions, and the endocrine system; 26 27 WHEREAS, PANDAS and PANS are estimated to affect as many as 1 in 200 28 children in the United States and are often misdiagnosed and undertreated; 29 30 WHEREAS, researchers at the National Institutes of Health are engaged in 31 extensive research to determine how to effectively treat PANDAS and PANS; 32 33 WHEREAS, current treatment options include antibiotics, steroids, intravenous 34 immunoglobulin, plasmapheresis, cognitive behavior therapy and anti-inflammatory 35 medication; 36 37 WHEREAS, there is a nationwide movement to raise awareness of PANDAS and 38 PANS by designating October 9, 2024 as PANDAS AND PANS Awareness Day; 39 40 WHEREAS, increased awareness of PANDAS and PANS is critical because it can 41 lead to proper diagnosis and treatment of the disorders, thereby improving the quality of 42 life for children and families affected by PANDAS and PANS, and decrease costs to 43 taxpayers from children requiring additional special services within the school system, 44 intensive inpatient psychiatric and residential care paid by Medicaid, and disability 45 insurance payments if the diseases remain untreated; 46 47 WHEREAS, green is the color used to represent PANDAS and PANS; 48 WHEREAS, two City buildings, Building 30 and the Virginia Beach Convention 49 Center, have lighting that can be used to illuminate the buildings, and the illumination of 50 those buildings in green will promote PANDAS and PANS awareness; and 51 52 WHEREAS, the above-mentioned City buildings are scheduled to be illuminated 53 in green on October 9, 2024 in recognition of PANDAS and PANS Awareness Day. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 That the City Council hereby designates October 9, 2024 as PANDAS and PANS 59 Awareness Day; and 60 61 That the City Manager is directed to illuminate Building 30 and the Virginia Beach 62 Convention Center with green lighting in recognition of PANDAS and PANS Awareness 63 Day on October 9, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia on the day 2024. APPROVED AS TO LEGAL SUFFICIENCY: i ttorney's Office CA16647 R-1 September 4, 2024 2 A � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 21-307 to the City Code to Authorize Enforcement of Parking Regulations in Facilities Owned by the City of Virginia Beach Development Authority and to Set a Fee for Removal of a Vehicle Immobilization Device MEETING DATE: September 17, 2024 ■ Background: The City of Virginia Beach Development Authority ("VBDA") owns parking garages at the Resort and at Town Center. As the City is preparing to implement gateless parking at certain parking garages, there is a need to authorize additional enforcement of parking regulations. This enforcement should also assist in meeting community standards for enforcement within the parking garages. In addition to enforcement, there is a need to set the fee amount for the removal of vehicle immobilization devices. Current state law provides a fee of $25 or such fee that is provided by ordinance. The actual cost for such removal is $75, so there is a need to set forth a fee by ordinance to avoid losing revenue with each deployment of a vehicle immobilization device. ■ Considerations: This topic was raised at the September 7, 2024, meeting of the VBDA, and there was no objection from the VBDA. If adopted, the City's Parking Enforcement will update its standard operating procedures. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: N) 1 AN ORDINANCE TO ADD SECTION 21-307 TO 2 THE CITY CODE TO AUTHORIZE 3 ENFORCEMENT OF PARKING REGULATIONS 4 IN FACILITIES OWNED BY THE CITY OF 5 VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 AND TO SET A FEE FOR REMOVAL OF A 7 VEHICLE IMMOBILIZATION DEVICE 8 9 SECTION ADDED: § 21-307 10 11 WHEREAS, there is a need to authorize additional enforcement of parking 12 regulations in facilities owned by the City of Virginia Beach Development Authority, which 13 will assist in implementation of gateless parking facilities and allow enforcement in such 14 facilities to meet community standards; and 15 16 WHEREAS, the actual cost incurred for the removal of a vehicle immobilization 17 device is $75; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 Section 21-307 is hereby added to the City Code to read as follows: 23 24 Sec. 21-307. Parking enforcement in facilities owned by the City of Virginia Beach 25 Development Authority; immobilization device removal fee. 26 27 (a) The regulations of parking set forth in this article and the enforcement thereof shall 28 apply to facilities owned by the City of Virginia Beach Development Authority, a 29 political subdivision of the Commonwealth of Virqinia. 30 31 (b) As permitted by Virginia Code 46.2-1231, the removal of a vehicle immobilization 32 device shall be subject to a fee of$75. Such fee may be collected directly by the 33 City or a vendor under contract to perform vehicle immobilization. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works 1_--CW(c_e of the City Attorney CA16637 R-1 September 4, 2024 N1A A F{ A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Repealing Chapter 30, Article III, Erosion and Sediment Control and Tree Protection and Appendix D, Stormwater Management and Adopting and Reordaining Appendix D, Erosion and Stormwater Management MEETING DATE: September 17, 2024 ■ Background: The Department of Environmental Quality (DEQ) updated and released the Virginia Stormwater Management Program (VSMP) and the Virginia Erosion and Sediment Control Program (VESCP) Regulations, which became effective on July 1, 2024. The City of Virginia Beach also updated its ordinances to comply with the requirements of these regulations. DEQ has now updated and released the VESMP Regulation, which is a streamlined version of the previously separate regulations titled "Virginia Stormwater Management Program (VSMP)" and "Virginia Erosion and Sediment Control Program (VESCP)." In addition to the streamlined VESMP Regulation, DEQ also released the new "Stormwater Management Handbook, Ver. 1.1," "Virginia Runoff Reduction Methodology, Ver. 4.1," and the "2024 Construction General Permit," all of which went into effect on July 1, 2024. All projects designed and constructed in the City of Virginia Beach will need to comply with the newly released documents from DEQ. ■ Considerations: The existing "Appendix D — Stormwater Management Ordinance" and "Chapter 30 — Article III - Erosion and Sediment Control and Tree Protection Ordinance" will be rescinded and replaced with a combined Erosion and Stormwater Management Ordinance, based on the regulatory updates from DEQ that became effective on July 1, 2024. The City of Virginia Beach is required to adopt the new ordinance for use on all public and private projects for Erosion and Stormwater Management (ESM) compliance, as construction activities are regulated under the Virginia ESM Program. ■ Public Information: Normal Council Agenda process. ■ Attachment: Erosion and Stormwater Management Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Works, Department of Public Utilities, and Department of Planning City Manager:09 1 AN ORDINANCE REPEALING CHAPTER 30, 2 ARTICLE III, EROSION AND SEDIMENT CONTROL 3 AND TREE PROTECTION AND APPENDIX D, 4 STORMWATER MANAGEMENT AND ADOPTING 5 AND REORDAINING APPENDIX D, EROSION AND 6 STORMWATER MANAGEMENT 7 8 Section Repealed: Chapter 30, Article III — Erosion 9 and Sediment Control and Tree Protection, Appendix 10 D — Stormwater Management 11 12 Section Added: Appendix D — Erosion and 13 Stormwater Management 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Chapter 30, Article III, Erosion and Sediment Control and Tree Protection 19 and Appendix D, Stormwater Management are hereby repealed and a new Appendix D, 20 Erosion and Stormwater Management of the City Code is hereby reordained to read as 21 follows: 22 23 CHAPTER 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES 24 25 . . . . 26 27 ARTICLE 111. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION. 28 29 DIVISION 1. GENECAI 1 V 30 31 . 32 h I h , 33 The Gity�}GH s deterMiRed that the trees anr1 the lands and wa+orc 34 Gemprising the watersheds of the Gity are great natural resouFGeS; 35 of lands by both winds and water and sediment deP96460R in wateFs withiR the 36 watersheds of the Gity, SLIGh waters are beiRg polluted and despoiled to SUGh a deg 37 that fish, aquatiG life, reGreatien and other uses ef Iands and waters are beiRg adversely 38 ; that the rapid shift iR land use frem agFiGUItural tO RE)RagriGultural uses ha 39 40 41 42 land water, air, trees and other natural resoi Fees of the Git y 43 44 45 46 As used OR this artiGle, the following words and terms shall have the meaning-s 47 a6Gribed to them in this seGtion, unless the Gentext requires a diffeFeRt M 48 (0 (D (D (D (D (0 (D M M M M M M W CO M M —4 —4 --4 -4 —4 -4 -4 —4 —4 —4 M M M M M M M M M M Cn C n M cjl ul C-n QI ()I C-n ul e v (p 0 3.73 C)7 C) CD C 3 W 0 c 3 51, 3 c C 3 c 3) 3 -3 o M U n 0 73 W (YI -3 73 c (D C D (D )7 c -,I c M 73 a rn C c r r-I 3 C c T 97 98 Lapel disturbing aGtiWty means any Man Made Ghange to the land SUFfaGe who-, 99 may FeSUIt OR sool eFGShGR frern water or wind and the meverrient of sediments inte state 100 , 101 eXGavatmRg, transporting, and filling ef land, eXGept that the term shall net 102 103 (1) Manor land-disturbing aGtmvffit6es SUGh as herne gardens and individual home 104 IandSGapmng, repairs and mamRtenaRGe werk; 105 (2) Individual Eenneefien-s-, 106 107 SUGh aGtOV ty OGGUFS OR an exist 0 ng hard-surfaGed read, street er sidewalk, 108 109 er sedewalk whiGh is hard surfaGed-, 110 (4) SeptmG tank lines er drainage fields, unless an over-all plan for la44d- ill disturbing aGfiVoty relating to the GerlStrUGtieR of the building to be served by t 112 septin tank system; 113 (5) Permitted deep ratiensand ;rejeGtS, er oil and ga-s 114 115 V+rgmRia; 116 , 117 liVest6ckfeedl t operations, or additionally set erth by the Board R, 118 regutatieas� 'u ding eng i rreeri ng- e peratie R S asfelH ,A, DenstFUc4+en of 119 , 120 121 drainage and land orrigatieR; however, this eXGeptien shall Ret apply te 122 harvesting ef forest GrO Ps URIesss the area on�h har„eStlR� car�;s 123 reforested (aFtifiGially or naturally) in aGGerdanGe with the previsieRS of Cede--Gf 124 Virginia, G#apter 11 (Sectie^ 10. 11 nn et seq.)-,, er 46-eerver 125 agr*GU!tuFal or hrnpFeved pasture use as deSGrhbed on Cede Of VffiFgmR4a, 126 127 (7) Repair er rebuilding of the tFaGks, right ef way, bridges, GOMMUROGatiOR 128 129 130 efterraGes, teFFaGe Gheek dams,—aes+t ing basins, dikes�s Rot 131 required W GeMply with, he Dam dare+" An+ di+Ghes»triperr aping_ lister 132 nd larid 133 0 rr+gat+e rl; 134 (9) Disturbed land areas ef less than two thousand five hURdred (2,500) square 135 feet in size 136 (10) 'Rstallat*GR ef fenGe and Sign posts er telephone and e'eGtF*G poles and othe 137 kinds ef pe ts or peles3- 138 (! !)S"erelir.-- 810_+011 Berea prefects en tidal waters when all of land- 139 140 wetlands—beard—of the City of Virginia Beach, the Marine Reseyes 141 Gemmissmon er the e United States Army Corps Of ErIgineers;;e e'er,an 142 aSSOGmated land that is dosturbed eutsade of thms exempted area shall remamn 143 subjeGt tO this aFtmG'e and the regulatmeRS adopted pursuant thereto; 144 (12)E�iF eGt "fe,limb or nrnnorh, and omornonn" re �i�rcS 145 however, Of the land-disturbiRg aGtiVity would have re-quired an 146 147 emergeRGY, theR the !and area disturbed shall be shaped and stabilized 148 aGGerdanGe with the requiremeRtS of the VESGP author*. 149 150 151 152 153 baRkfull sterm eveRt within its banks and allows larger flews te aGGess its bankfull be 154 and its fleedplamR. 155 156 Owner means the owner or ewners of thefreehold of the promises or lessor 157 , 158 exeGUteF, trustee, lessee er other PeFSE)R, fiffn OF GGrparatm.()R On GE)RtFGI ef a property. 159 160 Peak Fow rate- mean$ the maxim RstaRtaneous floe, from a given storm 161 . 162 163 Per*pit fssuingauthority rif mmeansth— e diFeGt+ Gr of pl ems? designees. 164 165 166 GGRtFGI plaR will be fellowed. 167 168 Per4odiG WispediGns are required dUT+Rg er immediately felle, oRg'Rem; 169 , 170 withun 48 hours fe"GW!Rg aRy runoff predUGing storm event, and at the Gompletien ef the 171 prejeGt prier te the release ef any perfeFmaRGe bGRds. 172 173 174 er private Gerperation, trust, estate, GernMiSSiOR, beard, publiG or private institution, 175 , 176 geveFRrneRtal bedy, ORGluding a federal or state entity as appliGable, aRy iRterstate body 177 er any other legal eRW. 178 179 180 made by the DireGtOr Of PlaRRiRCy. 181 182 183 184 censer a ien and re,+reatien 185 186 Runoff ��Iome means the volume ef water that FURS off the land developmen 187 nroiert from a presnrihed storm 188 189 State wateFs means all waters OR the suFfaGe and LARder the ground whelly E) 190 . 191 M n 8 XW 37 73 q 0 m 1-73 0 c 73 t 3 o )7 a 73 73 :3 8 2. 3 � Q q C) COO �a t�7 7 3 c (10 ED ED h r n :37 U) () C) ED 0 c ()7 �Tl -3 37 ED ED NJ NJ M NJ N) N) M rJ N) N) N) PQ N) N) M M Nj NJ NJ M PQ N) N) N) NJ I\J NJ N) NJ NJ N) rQ N) N) N) M N) N) P,,) PQ rlJ N) N) N) N) M NJ N) W M CO 00 M 00 M M —4 -4 --4 —4 --4 —4 —4 --4 —4 —4 (7) 0) 0') G) 0) 0') 0) CY) 0) G) CP Ul Cn (P cn cn cn cn cn all -P�6 _P�l -01. _P:- -01, J�, -41 4�11 -9�, _P:, cn w N) C) cc 00 —j m (31 w m 0 co 00 ­J a) Cyl P�� W P%J CD (.0 00 --4 0) CYI 4��- W N) CD CC) 00 --4 CY) CY) 4�L CO m 0 73 -37 c c 73 ED 7) —73 cl M 3 73 3 c -3 73 ED ...... 7) cl 73 c 3 :37 (37 73 D C37 c 07 c C -,h c CD c c 73 C r n - -m 3 it 3 i T C)7 C c c .3 37 C: ( ;;: () 0 C I C c c c c 1 :37 -(3 CO c ED CD i C: o Cl) c 3 C c CD ZZ (D .. . • • .... W W 0 ff.. W. I'MUSTMOMPI. MV .. • • .. . . .. im. 1410141 W. , • •• ... . . r .. . .- • • • .- . . .. . 11 . .. • IN ' .� .. . lIrm.. . . •. . -. ul•-9EM.r=wl .. 1• . . • .• . Sul W.1 .- .. . •. •- -. .. . -. .. -. 1� 1 •- -... ... . ... •. . .............. . ..- . •. MIN ON MIN I I . .. .TMIMWM . . ... .-.. .. .. •- • r.RrAP.Ti . . • ..W. . - . • . -._.0 INTIM24 a'r2v a air • -. . ._ . • .- .• .- -r . • -. -. . -• dF-T. Owl .. . • ZMELMIALLM • ..... • . ... • - . -. • • •- -r .. ... . •- . -. . -. WWII .. .. I .. . . . . •- •. . .... • . . -. •. -. C31 CA) N) — CD CC 00 ­J CY) Ul W rlJ — CD CC) 00 -�j C) Ul -1�:L CA) N) C) CC OD --4 m cn -PL W N) — CD (D M --4 M cn -P-L W N) 0 CO M --4 M 73 c I c D 0 0 c I 73 0 73 w ML (D o o c C D c m M 0 C c 73 3 73 -- C) 3 c I C)7 3 C) 11-73 -M c -3 c -17 c L C) cl c 7 3 Z 73 :3 ci -4 3 VI D m M an 73 C) cl -3 J c D ci r Ti c ()7 73 o w c o 0 0 -h Uyn) CL 3 �£t7 0£t7 6Zt? 8Ztl LZv 9Zt, 5 Ztl t7Zt7 £Zt, ZZt, 1 Zt, OZtl 6�t? 9�tl l�-v 9�t7 5�t7 t'�t7 £1t, Z�tl � �tl 0�-v 60-V 90t? Lot, 90t7 90t, tlo-V cot, ` Mt, l ot, OOt, 66£ 26£ l6£ 96£ 96£ V6£ £6£ Z6£ W£ 06£ 68£ 88£ l8£ 98£ . ` 58£ tl8£ Do -01. o _;�, eeee -P�l o _P:10000mo � vo ° oeo ° oe ° oe ° eseseeeeeesee4�:, e oK CTtL 73 M. L 3 a3 . � F s £ � E '� '. 33 . `h�. � 37 Cp 73 to 73 1 t I c 73 3 )7 ()7 :)7 r J M 6 3 C 1) 3 ()7 I D 3 3 -3 37 73 )7 Q � Ba 73 (D m CIL -4 ()7 c I 0 _37 c 3 ()0 C D 37 L.L 0 Co 73 M CD 3 Orl Ul ()I Cn Ul Ul cn Ul cn (Irl Cil CP cn CP cn Ul Ul cn cn CP cn Cil cn ()I Cn Cn cn cri Cn (n (.n cn cn ol al cn ul m cn cn ()I cn cn Ul m UI UI Ul 73 :3 CD W 0 3 7) cl c > � � T J ;? Cl o C 473 cl c c Cl C) C I c D (D 0 o c D c 3 0 (0) c D cl c c o 0 C c cc 0 L) 73 cl r U) c X c c I c I (D 3 73 D -Z3 co D c C) CC 0 :3 L) C3 o w: (1) T -C cr c 3 ()7 7 c 3 c 3 c o M C)7 M CP- c C3 (3) c 3 c 3 o c c 3 M c c c 3 C: c 3 c 3 15 -C ui c c C 3 4L L c 3 ci c 3 c c C C 3 C 3 —C c 3 7 ui c 3 c u i M c 3) M c c 3 73 L( c 'L- M 7 C 3 c :t c C c 3 M c T7, c -C) �0) ui -C: cs c )7 c c cl C3 C: (V) c t c 3 -P:, W No to :y 73 73 --4 W C C c c I c 37 c D CD C) 73 C c c r) C to (D c a) to C) -)7 C cl to °g � r :3 7) 3 C) CD 6 73 CD cl CD C, 73 cl C) W > -3 to C) C) :37 to M 0 73 1 :3 ;:w ii 73 CA 7) C c I (D 0 M- C co CD 3 7) C c c 0 c I cc) w -n un M —4 4 C i 3 C C —4 o � � � 0 � 3 73 c E Z > > C 0 7 37 —4 ()7 > 37 o C) 0 (1 TI 3. r 3 Oo 7 3 r 4 c I -)7 73 7 c c I > r C D c C D C D -3 D CD CD 3 cl r c I c�L 00 X D r 1 0 (D :3 C) > PJ (31 -3 cl c oo (D 73 r— C) X; M (D 0 m c 73 C C r i C -ri 0 C 73 D 3 c D C o -13 co C) M Xp C: c I c 1 73 c D (p r i r 4 r— c i 5 r i 5D 5 74, r 0 0 cp -7 C) :3 M M c r c C c N 37 D 73 o C 0 r n C cr) c 77 ( J c I C) m o QL C) C) c A) Cl) cVim 4 � � � fi -C3 C o W c I c I C c c 1 0 CD (57 C) cl :3 C) C 0 c 73 D 3 n :7 0 c (D c c I C) cr) C c) () () 0 b o C c I 13 C c 0 r 4 ;:v C c I :3 cl c o 0 c 7) c CD- C) 0 :7 C) q C) o M -3 C) am moo mmm999em moo m m mwP moo mwmmmm = m moo mzmammmx moo amAmmw o 37 ' fr o 73 m � � P.73 0 0 CD CD C) 0 (D (0 (D (0 (0 (D (0 (.0 (D (�o 00 00 00 Co 00 Co oo oo oo Co --4 --4 --4 --4 --4 -J —4 —4 --4 --4 0) 0') (M 0) CY) CY) (3) CY) CY) M cn cn W NJ —1 0 (D CO —4 M (n -P, W Nj CD co M --4 M cn -r-, W r'j CD (o M —4 M cn w N) — 0 CD M —4 M ol W rj — 0 (D M 7 c -I F T3 ( , c M 3 c Cc) CC C: M ;:p o 0 13 C) 73 )7 C c D c 73 M 0 co ci fn 73 c c o c c (1 0 --73 c 0 co 0 c C) C) C I 7 3 0 73 cl cc c I ,, :3 o 73 m o 73 C3 C C I c )7 J -3 c I c 37 C C C ST n C L) co S) 0 7 rn )Y7 o -C c 41 w-C N % ff 7m b mi Oo 73 co c CD o zp o cl cl o 3 RC j { s c c c 3 3 C 3 C,J M 73 c C3 -3 :t c 3 3 C C', 3 t o -C Cl C3 M w 7 C3 -c C: C3 C3 C) 0 T C) 3) (5 () 0 0 c c 3 c C,J C 3 c 3 L C 3 c 3 C 3 (3) c -C C M -C c c 3 J C 3 c 3 c 0 < -- c 3 C: + c 7-Z c 3 c 3 C 3 c 3 c C3 3 c 0 0 C c t c 3 c 3 0 C c 3 � m � c C I c -C c c < c 0 C Cc cl �L 0 c -C- c 3 (5 < c 3 C 3 tt c 3 c 3 LO LO Ln LO U") U) (D co (D (D (D (o (D cc (.0 (D rl- rl- rl_ rl- r— 11- r— rl- rl- r- 00 oo 00 00 00 00 00 wmoommmmm m m m m m 0 C) M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M 0) M M M M 0 CD = T- 1002 (2) alternates shall ORGIude Gitizens from the City ef Virginia BeaGh whe 411 sep�e a te 1003 of three (3) years with a maximurn of two (2) GonseGutive terms and three (3) ef whern 1004 1005 1006 reSeUFGes, Ghernistry, or etheF GOMFneRSUrate prefessienal or edUGational baGkground. 1007 The Gurney or his deSigRee shall erve as l gal l URse +cr to the— rmmeia4or 1008 Appeals BeaFd and the departmeRtS of PubkG Works and Plann'Rg shall be staff to t 1009 Stermwater Appeals Board. 1010 1011 " 1012 that are used tO GGRVey stermwater d'SGharge, either within or deWRstream ef the land- 1013 1014 1015 1 . 'Manmade 1016 1017 restered storm eater Gen eyaRGe system 1018 2. " 1019 1020 3. " " 1021 1022 1023 . 1024 1025 " 1026 of stermwater runoff from areas where land-disturbing aGt*Vwt4es (e.g., Glearing, grading, 1027 ; 1028 ; or other industrial stoFmwate 1029 1030 I9sated. 1031 1032 " 1033 1034 1035 1036 " 1037 1038 Ord*RaRGe 1039 1040 "Stermwater Poliu-tion Prevention Plan" er—Si^/D D—r " meaRs dOG McRt th 4 is 1041 prepared in aGGerdanGe with geed engi . - . GtiGes and that mdentifies potential 1042 sOUrGes ^fPeIlUtaRtS that may reasonably be expeGted to aTffeGt the quality,of 1043 stermwateF d'SGharges from theGGRctrUGt'on site, and ethep",i�Teets ti`e- 1044 1045 1046 1047 1048 1049 1050 Regulations of the City of Virginia BeaGh [Appendix B� 1051 1052 "To��evimum daily load" or "Ill" means the sum of the inrlivirlr r�l 1053 1054 baGkgrE)Ynd loading and a maFgin ef safety. TMDLS G-an be expressed in terms of either 1055 mass per time, tE)X*Goty, or ether appropriate measure. The TMDL prGGeSS provides 1056 PGORt Ve nt seurGe trade offs. 1057 1058 "ViFgTr gip pia StormwaterB"44-Gle,ar4pghop se W c;fie"means a web site that 1059 Gentains detailed design standards and spedfiGations for Gentre! measures that may be 1060 used On Virginia tO GOMPIY with the ef the Virginia Stermwate 1061 Management AGt and aSSOGmated regulations. 1062 1063 "Virginia ,Ster443water•--Managemenf��or 'AGt" Means e r+iGlo 2.3 (§ 62 ,_ 1064 44.15:24 ens .) of chapter 3.1 of Title 62.1 of the Code of Virnin�� 1065 1066 1067 1068 1069 r^ e- 1070 1071 " 1072 approved by the State Board a#er SeptembeF 13, 2011, that has been established by-a 1073 IGGality tO manage the quality and quantity of runeff resulting from land disturbip'g. 1074 aGtmVmtmeS and shall inGlude SUGh items as lGGal ordinanGeS, rules, permit requoreMeRts-, 1075 1076 —1--ments for plan review, t nspeGt'on, enfeFGement, where autherized in this art'G'e--. 1077 !and Pwaluatwon Gonsistent with the requirements ef this art'Gle and aSSOGhated 1078 regula#+er}s. 1079 1080 " 1081 means an authority approved by the State Board after September 13, 2011, te operate 1082 a Virginia Stormwater Management Program. 1083 1084 . 1085 1086 A. F=XGept as previded herein, no persen may engage in any land disturbing aGtdVity 1087 1088 plan has been issued by the Administrator in aGGeFdaRGe With the )f th*s 1089 8rdbnaRGe. 1090 1091 B. When a VSMP permit is nGt Fequired Pursuant to an exemption listed below, a!' land 1092 disturbing aGtwV!tmeS that do turb twe theus-and five hundred (2,500) square feet oT 1093 more Of land must Obtain a Land Disturbing Permit on aGGC)rdanGe with the 1094 provisions of the City ef VmFgARAa BeaGh EFOS'9R and Sediment Centre! QrddnaRGe 1095 f Ghapter-34. 1096 1097 G. A Chesapeake Bay Preservat'GR AGt Land Disturbing AGt*Vwty shall not be required 1098 to obtain a geReral Permit, but will be required to obt_airl a Land Disturbing Perm' 1099 and be subjeGt te an erosion and sediment GeRtrel plan GensmsteRt with the 1100 1101management plan as oUORCC FFQer sQ^tion 1_6, the St r G"hn"IiQal GrIiterifa and 1102 1103 through 149 and 1.22 through 1 27 the ya i-nno p—e-di Tres of coGt"eR 1 21 and 1104 the requirements f9r Gentrel measures and long term maa.ntenanGe GUIt"Red unde 1105 seGtien 1.78 1106 1107 D. Single-family residenGeS separately built and disturbing less than one (1) aGre and 1108 that are part of a larger GOmmen plan of developMeRt or sale, and not IOGated on thee 1109 Chesapeake Bay Preservation Area, shall operate on aGGOrdanGe with the ge 1110 permit and required SWPPP, but Shall Rot be required tO GOmplete a registr 1111 statement. 1112 1113 1114 exempt unless etheneiise required by federal leer 1115 1116 1.Permitted SU faGe o deep RiRg operations and prE)jeGtS, or em! arid gas- 1117 operations and projeGtS GondUGted under the provisions of Title 45.1 of the 1118 Cede of\/irninio 1119 1120 tilling, planting, or harvesting of agFOGUitural, hertiGultural, or forest Greps-, 1121 'gveStGGk feedlot operatiens, or as additmenaliy set ferth by the State BGaFd in 1122 regulations, 1123 terraEes terraGe outlets, GheGk dams, deSiltinr basins, dike? ponds, dit_�,�, 1124 1125 ; 1126 harvesting of forest GFOPS unless the area on which harye tine n .irc is 1127 1128 11 (§ 10 1_111n�?eq.) ef Titleerred to 1129 1130 1131 3. Single family residenGes separately built and disturbing I ss; t.lhl_;4ln. eln.; Ar-.rp ;4nrl 1132 net part of a larger G(Dmmen plan ef develepment or sale, ORGluding additions or 1133 1134 the—land- d+stturbaaee is Died in the Chesapeake Bay watershed in the- 1135 Chesapeake Bay watershed, f il�t—resmdenGeS separately built and 1136 disturbing less than two thousand five hundred (2,500) square feet are exempt-, 1137 4. Land disturbing aGtiVitleS that disturb less than One aGFe of land area, and no 1138 part of a larger GOMMeR plan ef developMeRt er sale, eXGept OR are 1139 designated by the City as subject t� Chesapeake Bay Dreseryatien Area 1140 DesignatmOR arid Management Regulateens, where land disturbing aGtmVmt 1141 less than two thousand five hundred (2,500) square feet are exempt, 1142 5. niceharnes to a sa R*tr+n, ce,e,er• 1143 6. AGtiVitieS Under a State or federal FeGlamatieR program to return an abandoned 1144 , 1145 7. Reutmne maRnteRanGe that is performed to maIntain the original line and gradc-, 1146 hydraUlbG GapaGmty, or original GE)RStrUGt'OR of the PrOjeGt. The paving of an 1147 1148 eXffiS#ing asseGmated d!tGhe: ate shall be deemed—routone 1149 1150 8. CondUGtlng land disturbing aGt*V'teeS on response te a publiG eMeFgeRGY where 1151 thimrelated work requires immediate authorization to —avoidimmine�i 1152 eRdangermon+ to human health or the enviremenT I_SAGh situ bens, Ahe 1153 1154 1155 its ef subSeGt'c)n A. is required within thirty (30) days of GeMmenG'Pg 1156 the land-disturbing aG4V* 1157 1158 . 1159 1160 A. No VSMP authority permit shall be issued by the Administrator, until the fellowing 1161 ;tems have been submitted to and approved by the Administrator as pFeSGribed 1162 he 1163 1164 1 A plaR review paGkage that iRGludes a general permit registration staternep", ' 1165 required. Registration statements are not required for detaGhed single fam4y 1166 hoFne GORStRAGtion, within or eutside Of a GOFFIFFIGR plan of development or sale-1 1167 however SUGh GonStFUGtben must adhere te the requirements of the genera4 1168 permit; 1169 2. An eF9SOon and sedmMeRt Gontrol plan approved in aGGordanGe with the City of 1170 Virginia BeaGh Erosion and Sediment GORtrol OrdinanGe (Chapter 30)�, 1171 3. A stermwater managemenlplaR that meets the requirements of seGti„n 6 1172 1173 d 1174 4. VV„eR the developmentof preperty is proposed—a site plan OF subdivi i 1175 1176 Regulations (Appendix B) and Site Plan Qrd'RanG8 V ppendmx G). 1177 1178 B. No VSMP authority permit shall be issued until evidenGe of general perMit Geverage 1179 s obtained, Of required. 1180 1181 G. No VSMP autherity permit shall be issued untH the fees required te be pa�d 1182 1183 required pursuant to seGtien 1 34 ef this QrdmnanGe has been aGGepted. 1184 1185 D. Ne VSMP autherity permit shall be issued until the Stermwater Management 1186 1187 1188 1189 E. No VSMP autherity permit shall be issued unless and until the PeFM*t appliGation 1190 and attendant materials and supporting dOGLAMeRtat*E)R demenstrate that a" land 1191 GleaFoRg, GenGtFUGtlen, disturbanGe, land development and dFa'Rage will be done 1192 . 1193 1194 F. No gradiRg, building or other 19Gal permit shall be issued for a prepeFty unless a 1195 VSMP autherity permit has beeR issued by the Administrator, unless SUGh aGtivity 1196 exempt. 1197 NI �+^SM } I 1 198 G. e-��' P authority ��it shall be issued Until an Anreemoof in Lieu of a 1199 Stermwater Plan, if required, has beeR exeGuted, submitted and approved. 1200 1201 . 1202 1203 1204 1205 threugh 1-19 and 1 22 through 1-7of this .,rdinanGe to the entire site or rommen 1206 plan of development er sale where appliGable, Gensider all sourGeS of SurfaGe FU-Re# 1207 1208 1209 be—Ee'ns+dered sepaFate —la irhinn aGt!VitieS. Ap rrGyed c4nrm y 4or 1210 1211 a Rdividual PaFGe'S withiR that plan througheut the development life of the lets eveR 1212 . 1213 1214 The Stermwater Management Plan shall inGlude the fe"OWORg information: 1215 1216 1217 1218 and the predevelopmeRt and pestdevelopmeRt drainage areas; 1219 1220 owner, and the appliGant of not the owner, and the GPIN and paFGel RumbeF-Gf 1221 the property or prepert.es affeGted- 1222 1223 E 1224 1225 the MeGhaRiSM through whiGh the faGilitieS will be operated and maiRtained 1226 1227 1228 1229 The Nino of faGilitio&, 1230 1231 and based on the Virginia -00rdiRate System, South Zone, 1232 1233 and Lengitude; 1234 iia-Area treater measured in square feet and aGreage;and 1235 1236 v. The SUFfaGe waters onto whiGh the faGility Will diSGhafg,&�, 1237 1238 1239 1240 ef thos OrdenaRGe; 1241 8. A map or maps of the site that depiGtS the tGpegFaphy of the site and iRG'Y 1242 1243 1244 is Existing streams ponds, GUIverts, d— +�s wetlands,-other water hndion 1245 and fleedplains; 1246 Soo! types, forest GOver, and other vegetative areas; 1247 1248 , 1249 V.SU fiGie tt—irrfermatien on adman,;gpa;Eetst,assess the�actS of 1250 seer water fr$Yitthe site OR these nnrnelc• 1251 v*. The limits of dearing and grading, and the proposed drainage patterns 1252 the s+te,. 1253 vii. Proposed buildiRgs, reads, parkiRg areas, utilities, and stermwater 1254 management forilities• 1255 1256 adapted to various uses, inGluding but not limited to planRed 19GatiGRS Of 1257 utilities read nd asements• crmrrrc�, i o'Ciasarrcr-�crrrcrrrr 1258 i . All Chesapeake Bay Preservation Area designations ef Resour� 1259 ProteGt'c)n Areas, RG'ud'ng variable width buffers; 1260 1261 1262 xi —Any ether-inf rmatien reasonably neGessary forevaluation of the 1263 development aGtillit" 1264 1265 B. if aR eperater inteRdS tO meet the water quality or quaRtity requirements set forth In 1266 1267 use Gf Off site GOMPIiaRGe eptions, where appliGable, then a letter ef availability fFG4:n 1268 the off-site provideF must be inGlUded. Appreved eff site eptions Must aGhieve the 1269 ReGessary nutrient redUGtions prier to the GOMMeRGement of the appliGant's 1270 1271 VirgiRia 1272 1273 1274 1275 pursUaRt to a previously approved plan, dOGUmentatiGR shall be required indiGatiRg 1276 that the faGility meets the quality and qUaRtity teGhRiGal Griteria set forth iR seG �I through h' ,, h 1 d 1-22 through 1 27 n + Ctnrmw ter 1277 1---1-8-�i'N�c,�FF--i-��-a{�a�-zz� r —r z�v#�l�rJ cr 1278 Management FaGilitleS MaiRtenanGe Agreement aGGeptable to the City has been 1279 FeGOrded and that all neGessary easements are in PlaGe te aGGess and utilize the 1280 Ctermwater Management Fa(yllt\/ 1281 1282 1283 under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 ef the Code C)f ViFgiRia shall be 1284 apprepriately sealed and signed by a pFefesswenal registered in the Cc)MMeRWea4h 1285 1286 Cede 1287 1288 E. A MaiRteRanGee agreement and adequate easements shall be exeGuted and 1289 fuel#--te eRSU e responsibility for the m��teRanGe ram_aRy termwate 1290 1291 exempted from this regUiFeMen+ under der+i��� 1 28 and to eRsure appropriate 1292 aGGess te SUGh faGilitieS for maiRteRaRGe, inSpeGtiGR and GerreGtive aGtien. 1293 1294 SeG. 1-7. Revoew of stormwater management plans. 1295 1296 A. The Adrqffin*strater shall rev"ew stermwater rnaRagerneRt plans and shall approve e 1297 1298 1299 1 The Administrator shall determine the GGMpleteness of a plan submittal 1300 1301 1302 reEeipt—lf the plan is deemed to be OnGOrnplete,-fie above ifiration 1303 . 1304 1305 date of the nomm,,niratien of nompleteness to review the plan evnept that if a 1306 determination of GOmppT nes J ",S net made Within the time presnrihed in 1307 s„hdiVision l than the plan shall be Gnmpleteand the AdminisirFaat14n�r 1308 shall have SiXty (60) GaleRdar days from the date ef SUbMiSSiGR to- review the 1309 pla- . 1310 , 1311 resubmission.; ef the date of ,, 1312 4. nrinn the rereview�e peried the nlaR shall approved or disappreved amend the 1313 dee+siGR Go- Gazed in WFitinn to the peFSE)R respensible for the land 1314 disturbing aotiVity or his�deeSigRaateedaagen+ If the plan is not appreved, the 1315 1316 denual shall based en the plan's Care with the —1-.— nts of th os- 1317 Q rdii#R.e. 1318 1319 6s taken w4hin the time provided aheye in subdivision 7 the plan 1320 deemed appreved. 1321 1322 etheFwise in writing by the applicant 1323 1324 B. Appreved stermwater PlaRS may be modified as follews: 1325 1326 1327 ORIY after review and written approval by the AdMiRistrater._The Administrator 1328 shall have SiXty (60) Galendar days to respond in writing either appreving of 1329 disapproving SUGh request. 1330 1 331 be-, ended, `— "mAitT'rt }--a time precrrlibed by the Administratter_to address aaR 1332 definieRGies noted during inspentinn 1333 1334 1335 permanent stermwater managemeRt faGilitles and stermwateF GeRveyanGe systems. 1336 1337 1338 1339 to she release of the SUFet and find approval of the faGility by the Gity Q 1340 1341 stoFmwateF GGRveyaRGe systems shall be submitted, 'RspeGted and appreved by 1342 1343 1344 1345 have beeR GeRStFUGted in aGGerdaRGe with the appreved plaR. 1346 1347 . 1348 1349 1350 1351 per itanda "I be evmewed--duringirspoctc'E)nE;. vpeeifrrio—GemrrrpeReRttS of the 1352 SWPPP, as required by Secf+en 1-6 will be reviewed. 1353 ��++ n^ 1354 B. The—die�water—Pel'U'iiGR PreventieR Plan SWPPP) shall innlu de the GORt�� 1355 1356 1357 1358 1359 1360 1361 1362 the general nermi+ 1363 1364 D. The S`PPP shall be aMeRded by the eperateF whenever there is a Ghange in 1365 deSigR, GORStFLJGtien, 1366 diSGharge of pellutaRtS te state waters whiGh is not addressed by the existing 1367 ISW^�; 1368 1369 1370SVVPPP'S IOGatien must be posted Rear 1371 the—ma*n entFaRoe at the reRstrUe�R sito:Operaters shall make thhe&A� /�DDrD 1372 1373 1374 1375 . 1376 1377 1378 implemented, and updated aS ReGessary and must detail the deSigR, iRstallatien, 1379 1380 1381 deClnnert and mnlntnlned te: 1382 oze 1383 1 Monorn the diS hnree of pell,,+ants from requipment pnrl VehiGle wnchinn 1384 wheel wash water, and ether wash waters. Wash waters must be treated *n a 1385 sed'meRt basin or alternative Gentrol that prevides equivalent or bette-r 1386 treatment prier to rtiSGharee• 1387 1388 wastes, trash landSGa$e mater fertilizers,_PeStiGideS,erhi�es, detergents, waste and other materials present the cite to 1389 etc-�-�,�, e�i�-��e�r--era—�r<�,.�-Lo 1390 preGipitation and to stermwater; and 1391 3. rwze the diSe c-ef pollutants from ppoils and leaks and impllemanL 1392 GherniGal spill and leak preventien and response proGedures. 1393 1394 B. The pellution prevention plan shall inGlude effeGtive best management praGtiGes to 1395 prohdbht the following disGharges: 1396 1397 1 . Wastewater from washeut Of GGRGrete, unless managed by an apprepriate 1398 Eentrel; 1399 2. Wastewater from washeut and Gleaneut Of StUGGG, paint, form release 1400 , 1401 3 Fm�,� eiIsmr ether poll am used in „ehiGle and equipment nil 1402 ; and 1403 4. Soaps or solvents used on VehiGle and equipmeRt washing. 1404 1405 1406 . 1407 1408 SeG. 1 10. Applicability of tec;hnical c;rmterma for regulated land disturbing 1409 aGt�v ot�s 1410 1411 1412 1413 disturbing aGt*VwtweS that shall be employed to proteGt the quality and quaRtity of State 1414 water from the potential harm of unmanaged stermwater runeff resultiRg fFeM land- 1415 disturbing aGtivities. 1416 1417 . 1418 1419 A. in erder to PFGteGt the quality of state waters and tO Gentrel the diSGharge -of 1420 stermwater pollutants from regulated aGtPV4ieS, the follewing minimum design 1421 Griteria and statewide standards for stermwater management shall be applied te the 1422 s+te-. 1423 1424 1425 1426 ceGtien 1-1 2 1427 1428 2. Develepment on prier develeped lands. 1429 1430 1431 that results in ne netitGrecc+se iTr—impeFVIGUs ever f� the 1432 predevelepment GeRdition, the total phosphorus lead shall be reduGed at 1433 least twenty /2n� ent below the nredevelepm phosphorus 1434 lead 1435 bm For regulated land disturbing aGtovdtbes disturbing less thaR GRe aGre that 1436 1437 ° 1438 the predevelopment total phosphorus le 1439 1440 GeveF ever the predevelopmeRt GE)Rditien, the design Griterma for new 1441 development shall be applTed to the inGreased __impervious area, 1442 Depending on the area of dosturbaRGe, the Griteria of subdivisions a. or b. 1443 above, shall be applied er of the site. 1444 1445 1446 peFGent below the predevelopment total phosphorus bad. 1447 e. The total phosphorus lead shall Ret be required te be redUGed to belew the 1448 apphGable Standard for new de„elonmeetUeecSS a re ctrinnee< 1449 standard has beeR established by the C#y-. 1450 1451 . 1452 1453 A. ComplianGe with the water quality deSwgR GF*ter'a Set OUt iR SeGtiGRs A.!. and A.2. ef 1454 1455 er anether equivalent methodology that is approved by the State Water Control 1456 Bear 1457 p BM 1458 B�he---BMPs las d i�ii 9v AC25-870 65 Q are apprey d for use aS__R,eGeccv�vn 1459runoff velurne on aGGordaRGe with the 1460 VmFgmRaa Runoff RedUGtOOR Method. Other approved BMPs feund on the Virginia 1461 STermwater BMP GleafiRg"-,eaaeWeh�may also beutilized. D '- 1462 1463 found on the VirgiRia Stormwater BMP ClearoRghouse Website. 1464 1465 G. However, where a smte dra4ns to MOFe than ORe HUG, the pellutant lead redUGto 1466 shall be applied independently within eaGh HUG unless redLAGtmC)RS 1467 1468 ' 1469 BaSiR boundary shall be used an lieu of the HUG boURdaries for poll -t,-A.A.t 1470 redUGt!C)R GaIGUlations eXGept ffiR the Lower Southern Rivers drainage baSIR where 1471 . 1472 1473 1474 to meet the design Criteria of c,,hcentieR A of ceGtion 1_11 1475 1476 Sec. 1-13. Water quantity. 1477 1478 A. Channel PFOteGtffien, flood pFeteGt*en, design sterm, and GheGk StOrM Griterla shall be 1479 addressed kn aGGGrdanGe with the standards set out On this seGtien. 1480 1481 B4 Channel PFOteGtwon. ConGentrated stormwater flow shall be released into a 1482 1483 of this subseGtien, where applaGable, from the point of diSGharge to the limi 1484 analysis defined On subdivision 4 ef this subseGtoon. 1485 1486 1:--Manmade cterrnwa.eF GonveyanGe systems. When storm�nvlrrrvvate frer m-_a 1487 development is diSGharged to a manmade stermwater GenveyanGe systern, 1488 . 1489 1490 a. The manmade stermwater GonveyanGe system r shall —^nntvrrvey the 1491 postdevelepment peak flow rate from the two year 24-hour storm event 1492 c v•��heU �_ inn ernsinn of the systtem. Detention of s+orm)n,ater nr rTr' '1'y 1493 downstream mrnPrOVeMeRtS may be the appFeved land- 1494 d+s+urhmg aGti 4Y tO meet thmS Gr;teri�at the dicnreti^v; of�the—Vv"v P 1495 aether+tyr;� 1496 b. The peak d*SGhaFge requirements fbF GORGentrated stermwater flew to 1497 1498 shall he met. 1499 1500 2.. Restered -sterm, w,aFGenvenEe--systerns.When stor water from a 1501 1502 has been restored Lising Ratural design GonGepts, folio g the !a-," 1503 aG+i„i+„ either: 1504 1505 a. The develepaeRt shall�h n�;eteRt,T, on Gembin•,+,ration �n,i..,th ether 1506 stermwater rUROff, with the design parameters of the restered stermwate-r 1507 eonveantes+m at Es-ffunc�tionon,:, �E—dance with the design 1508 objeGtre 1509 b.The peak d*Scha.,,- o^i men+c fOrGenGentrated stermwater flow to 1510 1511 shall he met 1512 1513 3. Natural stermrn,a+eF Gen VeyaRGs7Stem?. When stermwater from a 1514 1515 Peak flow rate frem the ene year 24 heur steFm fellOWiRg the Iand 1516 rlicti irhinn an+i"i+v shall he nalG fated either: 1517 1518 a. IR aGGerdanGe with the fOlIeW*Rg methodology: 1519 Developed— . Pre Developed .• evewe )ARV—Beve46ped ,.,^Y shall I 1520 Developed be greater than Q PFe Developed ner shall 1521 Q-pgyelgped be required to he less than h���i Mated in the equation (Q �Trf 'L1.1' Vti1�1TTCfT� 1522 € *VFofe)AR-�Leeve mere 1523 I.F. (ImproveMeRt Fatter) equals 0.8 fer sites > 1 aG__or 0.9#� s�? 1524 aere. 1525 (Q-Developed - The allowable peak flow rate Of rUROff fFOM the developed site. 1526 �Deyeloped - The y�mot ri,nnff from the site the developed 1527 1528 (D-P �;e peak flni rate of n,nnff fTe.{ __,L. Si+e in +he pre_ re-Bevelepe�— �P 1529 . 1530 lV-orc_pnoyoi�Fw -- The volume runoff from the site in pre developed 1531 send+tien. 1532 Q--€ - The peak flow rate of runoff from the site iR a forested Gendition. 1533 RV-Forest- 1534 b. in aGGOrdanGe with anether methodology that is demllonstrated by the City 1535 1536 1537 4. Limits of analysis. UR186S subdivision 3 of this subSeGtion is Utilized to she 1538 1539 systems shall be analyzed fOr GOMplianGe with Ghannel preteGtion Griteria te-a 1 540 nnin+ where either: 1541 1542 a. Based OR land area, the site'S 1543 equal to 1 .0% of the total watershed area or where the City medel is used; 1544 of 1545 bm Based on peak flew rate the site's peak flow rote from the one-year 1546 twenty four-hour storm is less than or equal to 'I 00/ of the existing peon 1547 flow rate from one-year rm prier to the 1548 . 1549 1550 C. Reed prE)teGt4eR. GORGeRtrated stermwater flow shall be released inte a stermw 1551 GGRveyaRGe system and shall meet the follewing Griteria as demenstrated by use of 1552 1553 system must be demonstrated for all the follew��. 1554 1555 :nnrentrated ctermwater flow to c+ewe mwaatror Gon„e„anoe systems that 1556 1557 hour storm eeVe� t: The point of disr`a�. aces s+ermwa er in+TT Ttne tea 1558 ��`"' 1559 GE)RfiReS the post-developMeRt peak flow mate frem the ten-year tweRty fOLAF 1560 hear storm eyept Within the ctormwater GGnveyanGe system. DetentiGR of 1561 1562 appreved land disturbiRg anti„i+,�mee4�Gra+eriep at the dicoTetinn�nf the 1563 1564 2m Genventraterl ct =er flow to stormwater nyeyanre systems that 1565 1566 storm r_eve..t. The point of diSGha�e_e4her: 1567 1568 a. Ge fines the pest development peak flew rate from the feR year twent!, 1569 n 1570 theIGGalrzed fle'eding. Detention of ctermwater or rin,e,nc+reem 1571 m mprevements may be inGerpeFated inte the approved land disturbing 1572 1573 b.Red post-development n e,,r_ 1574 hour storm event that Os less than the predevelOpMeRt peak flow rate from 1575 the teR -rrvr year t event. twenty four hour storm Do��in�-ear.-ami-r sterm�e� ace� 1576GonveyanGe systems do not require any additiORal analysis te show 1577 . 1578 3. Limits of analvsic Unless subdivision 2 h of this s,,hseEtion is utilized to 1579 GGMPIY with the flood preteGtien Griteria, stermwateF GonveyanGe systems shall 1580 1581 1582 a. The Si entrih„tinn drainage area is loss than er equal to 1 0% of the 1583 tetal watershed area draining te a PGORt ef analysis an the dGWRstream 1584 ste.;:water eeRweyan^e�T 1585 ham.- Based on peak flow rate the site's peak flew rate from the teRyeaT 1586 ° 1587 peak flow rate fFem the ten year twenty four hour storm eveRt prier to the 1588 1589 G. The stormwater-EE)RyeyaRGe sysittem eRters amapped fleedplain er ether 1590 1591 1592 1593 Fleod ProteGtien above, GORGentrated stormwater flew shall be released Onte a 1594 1595 1596 0 - pases the *mperviousarea by mere than twenty thousand (20,000) square feet 1597 the following shall be Met: 1598 cc``^^//^^/A�^^^^ 1 599 Use d1Ftlt'7Yi'+7`Y-er valueprograms that Gan Aire^+Iy 1600 , 1601 1602 adequaGy of the downstream system. 1603 ^y 1604 E. tGreased�� es- of sheet flew fle res,,l+in„ from pervious dmS^Ge RReGted 1605 flew threugh level 1606 spreaders, must be identified and evaluated fer potentia! wMpaGtS OR dE)WR gra 1607 properties or res eerees. I�acTeased volumes h eet flow that Will £ause or 1608 1609 reSGUFGes shall be diverted te a stermwater MaRagePReRt faGility eF a stermwater 1610 1611 1612 1613 F. Fer purposes Of Gemputing pFedevelepment runeff, all pervious lands on the site 1614 . 1615 ' 1616 standards, regardless Of seRft+ens existing at the torte Gf mp„+a+i„n 1617 1618 utilized provided that it is demonstrated to and approved by the VSMP aut" 1619 that aGtUal Site GORditiens warFaRt SUGh GensideratieRS. 1620 1621 1622 shall be verofoed by site inspeGtions, tepegraphiG surveys, available sell Mapping o 1623 1624 1625 . 1626 1627 . 1628 1629 A. Off6ite GGMpliaRGe eptiORS that the City may allOW aR operator te use te meet 1630 1631 1632 1—•C)ffsffite vsntmtrv;sutilizea iR aGEerdaRGe with a nG rvhens iye—stermwate 1633 rmra ages pursuant to-sentirrrGR 1i-1-9� waters ., e�-t1�e-sec-a�te�„ 1634 within which a nrejed is Innated; 1635 2. A IOGality pollutant loadiRg pre rata share program established pursuant4G---&, 1636 15.2 2243 ef the Code ef Virginia er similar IOGal funding MeGhanism, 1637 8.The n„RpeiRT nutrieRt e## et program established pursuant to § 62 1_n n 15:35 1638 , 1639 4. ARY ether e#si#e eptiGRs approved-by aR nnliGahl�+e ageRG , or state 1640 beard; and 1641 5. When aR eperater has additional properties available within the same HUG e 1642 1643 the same atershed as determiRed by the City, offsite stermwater 1644 maRagement faGilities OR those to meet the requir 1645 1646 1647 B. Netwwths+andono subssedinn A. of thisSeG+inn and pursuant to § 67 n 1 5:35 of 1648 the Code of Virginia, eperaters shall be allewed te utilize offsite OptieRS ideRtified 1649 . 1650 1651 1 . Less than fide (5) anres of land will be disturbed; 1652 one nostGenstr,,G+inn nhesnhor,,s Gentrel requirement is loss than ton (10) 1653 pounds per year; 1654 3. At east seveRty five—( 5) PerGent of the required Rutrien 1655 redUGtio J-are-QGhieved-OR ssino if at seventy-five (75) peFGe ,t�of the 1656 required phosphorus nutrient redUct+ens Gannet e met�site,—and the 1657 1658 designs have been—eer}sidered that may—ate M;Y,lode ep--s.te bet 1659 1660 1 661 app{epri.ate--OR-site best management nrartiros will be implemented, and 1662 ffUl" GeMpllianGe with nostdey nmont RC)Rpoint nutrient r„rioff nompliar,no 1663 Gannot praGt!Gably be Met OR site, theR the required phosphorus 1664 1665 . 1666 1667 G. Netwothstanding subseGtions A. and B. of this SeGtien, offshte optieRS shall Rot be 1668 allowed: 1669 1670 1 Unless the seleGted offsite option aGhieves the ReGessary nutrient FedLIGtMGRS- 1671 1672 nGase of a phased PPejeGt the operator rmay_onni lire OF _achieve nffsirte nutroent 1673 1674 in an arne,,nt s,,ffioient for each phase 1675 2 In GentFaVeRtien Of IGGal water g,,alit"_based limitations at the peint of 1676 diGGhaaTrge that are /i\ po�ent I",i+h the rleetyrmi s made, 1677 subSeGtion R ef 62.1_4it 19:7 of the Code of irpinio /j'�ntaiRed R a -r�TTo, vac- y,,,-ram^ � ,-,i 1678 m,,nioipal separate storm sewer system /SAC/)\ program plan ar•Gepted by 1679 . 1680 3. VV*thdR the SoutheFR Rivers watershed, the eXGhange Of Gredits within aR area 1681 1682 be immoted te these Gredits generated upstream ef where the diSGharge FeaGh 1683 impaired WateFS OR aGGGrdaRGe with the Virginia State Water Control Be 1684 reg,,latien 9V C25-900-91 EXGhange of oredi+s 1685 1686 1687 2. of s,,hseotion A of this seotion may he ,,tili�eiJ 1688 1689 E. in aGGeFdanGe with § 62 1_/lil 15:35C of the Cagle of Virginia nutrient oredits Us 1690 pursuant to subSeGtion A. shall be geReFated on the same or adjaGent eight-digit 1691 1692 permitted site eXGept aS otherwise limited in subSeGtieR G. NUtFieRt Gredits Out 1693 tern e er—djaEerteight digit hydFOlOgOG unit Gode may only he used if it if 1695 1696 s,,oh sec uhiert to other limitations impose,) in this seGtion nr s �acrT,�ac�, �c��.�cv�rriT-ca-crvr��-Tr�-�v�ccr--rrr-cnro-a zrvrr�T 1697 1698 aRother tributary be used-7 1699 1700 SeG. 1-15. Design storms and hydrologic methods, 1701 1702 1703 (120) PeFGent of the one year, -year, tWenfi,_fi"e_" fiftyair and 1704 1705 1706 (NQAA) Atlas 14, Velurne 2 Version 3.0. Partial dWatieR time series, as adjusted--by 1707 the City of Virginia BeaGh PubliG Werks Design Standards Manual, shall be Used fer 1708 the pFeGipitatien data. 1709 1710 1711 watershed GharacteriStiGs and hope, the ultimate development GeRditien of the 1712 s,,hieot proieot Will he addressed 1713 1714 G. The U.S.Department of Agrioi ilt�re's Natural QesoUfGs Gonse potion CewiG� 1715 (NRCS) SyRthetiG twenty four how FaiRfall distribution and models, OnGluding, but 1716 1717 the I�Ar my Corps ef ERi or other standard hydrnl�G and hydra Alin 1718 meth I Used �e,y s, shall be Us ., GGRdUGt,neerS; e analyses yesGribeed irl this part. 1719 1720 come method of analytic 1721 1722 1723feet of neW area, the hydFelnrrin metheds in the 1724 PWDSM shall apply *R Ime G-f C. above. PFGjeGt shall use EPA SWMM 1725 or value eXGhaRged SWMM progzrarns that GaR d*FeGtly eXGhaRge ffiRput data with CC 1726 E rol&aR 7 hydraU llic GaIci Motion E. The entire drayage-area 1727 `"�methods. 1728 1729 areas less th�raR three hURar , a t ye r, twee-rn,ty feur_hour design 1730 storm eveRt fC)F GapaGity deSigR shall be used; fer drainage areas equal to er 1731 greater than three�ar but I�s� fide hi rldr � ya , , 1732 tWeRty five year, twenty four hour design StGFM eVeRt shall be used; fgr drainage 1733 areas equal to or greater thaR five hLARdred (500) aGFeS, a fifty-year, tWeRty foUF 1734 hour design Storm eVent shall he used. 1735 1736 ter harvesting 1737 1738 IIR aGG rdnce with § 62.1 i44.15_28 of the Code Of Virginia, stermwater 1739 1740 1741 systems to the evtent Si h systems are concictent with federal state and ity YET 1742 regulations. 1743 1744 Ses-1-17.Linea;development projeGts. 1745 1746 Linear development prE)jeGtS shall GE)RtrOl postdevelopmeent stormwater runoff �R 1747 1748 watershed stermwater MaRagement plan developed on aGGE)rdaRGe with these teGhRiGal 1749 GrmteFma. 1750 1751 1752 1753 1754 1755 ee�if�eerert fca r ir-,irurt„ral integrity fo the 100 year storm event 1756 1757 SeG. 1-19. Comprehensive stor�ormwater management plans. 1758 1759 1760 appreved by DEQ that meet the water quality objeGteVeS, quaRtity objeGtoves, or both of 1761 this chanter: 1762 1763 1 SUGh plans shall eRSUFe that offsite redUGtOORS equal to or greater thaR t 1764 that would he required onreaGh contrih,,tinn site ar�hley d within the same 1765 HUG eF WithoR-another IGGally rlo� ci�ate d watershed. Pertaining to water 1766 qUaRtity objeGtoVeS, the plan may provide for implementation Of a GOrnbonat 1767 of GhaRn ont stermwater rleteRtir)n or other measures that a-re 1768 ' 1769 #leer 1770 1771 over-amendments-are deemed—neGessa y by the Ioralit ins \ S D_autherity, 1772 SUGh authority shall provide plaR amendments to the department fe 1773 approval. 1774 ' 1775 n{tr"ent FedUGtwoons aGGredited to the BMPS cnenified in the plan 1776 4. State and— federal ageRG;eS may develop GOrnpFeheensiive stormwater 1777 management plans, and may partiGipate on IGGaloty-developed GOmprehens�ve 1778 stermwater management plans where nrartirahle and permitted by t 1779 ' r 1780 1781 . 1782 1783 1784 an�all net he subjeGto t�erhniGal criteria of ceGtO 5 through 1-19 o� 1785 1786 1_27 of this (lydonanoe previded: 1787 1788 1 A profferedmsGORditmenal zoning plan, zening woth a plan of development 1789 preliminary or final subdivision .e a preliminani OF final site plan or any 1790 Y 1791 the City prier to july 1, 2012 (ii) nrevid aE; efined in 9VAC25_870 1792 10, (iii) Will GeMply with See-rccfaRS 1-22 through 1 27 of this OrdinaTnGe, and ("v) 1793 haS Rot been subsequently modified or amended in a manner r 1794 ,;Grease—in. the unt of phosphorus leaving ea^h nei ef di rhnrr'te and 1795 SUGh that here is no Onerease in the volume or rate of r,,neff• 1796 2. A Mate permit has not issued priorto july 1,-2014-, and 1797 3. Land d osttar a nGe did nel-Ee pier to july 1,2014. 1798 1799 B. LeGal, state and federal PrOjeGtS shall be Gensidered grandfathered and shall be 1800 s,�hiert to the to Ga teria of seGti� 1_ through 1_`27 of this Qrdinanne �crvJcc�cv—crr�cc �.Trc�—v��c TL -vugrT—r���--vT-cr rr�,r-vra mar rc� 1801 provided: 1802 1803 1. There has been an eblmgation of Ionol, sae or federal fding, in whole or in 9 ,en 1804 part, prier to I,ily 1 7(2_or�depaFtme� nt has approved rm,eint� 1805 management plan prior to L,Iv 1 2012• 1806state permit has Ret been issued prier to july 1, 2014;and 1807 3. Land dmsturbanGe did net GOmmenGe prier to july 1, 2014. 1808 1809 1810 1811 GYGle After S Gh time portions of the proient not Under consuUntien hall henome 1812 euhbe^t t�� teGhniGal requirements of se^fiens 1.1 0 through 1.1 9 and any neve, 1813 teGhR"Gal GFiteria adopted by the State Bearcd� 1814 1815 D. IR Gases where geverRmental bending or publiG debt finaRGiRg has beer) OSSued for 1816 1817 re^,,ire meets of se^tinns 1_` 2 thre„gh 1.27 of this Qrdinan^e 1818 1819 E. Land-disturbing aGtivities that ebtaiR an initial state permit or GOmmenGe land 1820 1821 reEhn+Gal sritoria found in SeetiGRST22 through 1_27 of th OrdinanGe. SUGh 1822 PrOjeGtS shall remain subjeGt tO these teGhniGal Griteria for twe (2) additional state 1823 permit GYG'e_s. A#er SUGh tome, portiens ef the PFGjeGt Rot under GenStFuGtierl shall 1824 beGeme subjeGt to any ReW teGhniGal GriteFia adepted by the State Beard. 1825 1826 F. Land-disturb!Rg aGtiVitieS that obtain an irlitial state permit on or after july 1 , 2014 1827 1828 through 1 19 of this QrdiRanGe, eXGept as previded for above. SUGh prejeGtS shall 1829 1830 1831 . 1832 1833 Sec.1-21. Var+anres: 1834 1835 1836 10 threugh 1-14; and 1-16 through 1-19; and 1_22 t�gh 1 227 provided that 1837 1 838 1 . The varaanGe is the minimum neGeSSeni to afford relief• 1839 1840 Gt, the Reg„latinnc and thus OFdinaRGe are preserved; 1841 3. Granting the varianGe will not Genfer any SpeGial privileges that are denied in 1842 ether similar ^iri+„mstan^es• 1843 1844 celf_imnn ed or self ^reated; 1845 5. The vareanGe wall not substantially inGreaSe the flow rate ef stermwater runoff--, 1846 1847 body or upstream or downstream of a FeGeiving bedy of water; 1848 1849 1850 , 1851 1852 of thes OrdiRanGe; 1853 Ne vaFO.-Anr--e te the requirement that the land-disturbing aGtiVity obtain requir 1854 a SMP authoritypermit shall be given by the Administrator, nor shall the 1855 Administrater approve the use ef a BMP net found OR the Virginia Stermwater 1856 1857 by the Department of Environmental Quality; and 1858 11. Ne VaFiaRGe tO requirements fgr phesphorus redUGtOORS shall be allowed unless 1859 "Off6ite - --nthepeiice normi++ a� nt� to 9VAC25 870 69 have boon 1860 Gensodered and found net avaffilable, 1861 1862 1863 . 1864 1865 1--=The Varia RGe--d OeS nO+ in„elye any requirements imposed URdor�e Stattee 1866 Code or Regulations; and 1867 2. ReaSE)Rable and apprepriate GORditions may be imposed so that the intent of 1868 the DGt the Regulations and this Qrdinanpe are present 1869 1870 1871 striRgent standard at their disnretion 1872 1873 Sec. 1-22. Applinahility. 1874 1875 The fellowing seGtiORS 1-22 thr ugh 1 27 sn ifthe—teGhnisa; Grua—fer 1876 1877 . 1878 1879 Ses.-223. Genera:: 1880 1881 1882 land-disturbiRg aGtivifies shall be measured at eaGh point ef diSGharge from the land 1883 d*sturbanGe and SUGh determination shall indude aRy runoff from the balanGe of the 1884 . 1885 188886 B. The SpeGified deSigR storms shall be defiRed aS a tWeRty feur-hour storm using the 1887 8 p I�F�..7ttt--1- C" twenty-fo i i four twent�i_five year rain i i rainfall di trihtien 1888 reieGemmendeda-may—me I�vvnaFtmeat f Anrini iI+i ire' Natural ResvUrne 1889 1890 dUratiGR thatUGes the greatest required storage volume at the. 1891 1892 C. Fer purpeses ef GeMputing runoff, all pervieus IandS in the site shall be assumed 1893 1894 ,$), with geed Gever (of the lands aFe woods), er with GenSeNatiGR treatment (of 1895 the lands are GLAItiVated); regardless Of Gendi+i„n existing at the time of 1896 1897 1898 1899 GGMPIy with all applicable laws, regulatiens, and ordinapr-qzi; FvideRGe of approval 1900 of all neGessary permits shall be presented 1901 1902 E. IMpeiARding StFUGtUFes- that are severed b--A,;the ;MpeURding--Strtee 1903 1904 100-year storm event 1905 1906 F. Predevelopment and pestdeveloprnent FUReff rates shall be verified by GaIGulations 1907 that are GORsistent with good engineering praGtlGes. 1908 1909 1910 shall be diSGharged to an adeqUate Ghannel. 1911 1912 H. Proposed residential, GC)MrnerGial or industrial subdivismens shall apply these 1913 1914 1915 . 1916 Hydre'Og!G parameters shall Fefl8Gt the ultimate land disturbanGe shall be used an all 1917 . 1918 1919 1920 nlon that identifies the oWner and the respensihle party fo F Ggrniinn o„+ the 1921 nspeGtion and maintenanGe plan. 1922 1923 1924 1925 to theextent nncoihlo When this is i inayE)idohlo � c+nrmwater �TTl7TV�7l�G�CfI"1�—rJ—Rl7 , 1926 Management faGility GonStRAGtien shall be on GeMplianGe with all appliGable 1927 regulations Under the (National Floor) Ins,,ronGe Program / 4GFR Dart 59 1928 1929 K. Natural GhanRel GharaGteFiStiGS shall be preserved te the maximum extent 1930 nrar`+YrauciGable. 1931 1932 L. Land disturbing aGtivities shall GE)Mpiy with the Virginia EFOS'eR and Sediment 1933 Control Law and attendant Fegulations. 1934 1935 M. FlOed Gentrel and stormwater management faGGilities that drain or treat water fr 1936 multiple development projeGtS er frem a signifiGant perfien of a watershed may-be 1937 allowed on resourGe preteGtieR areas defined in the Chesapeake Bay Preservatien 1938 1939 1940 1941 1942 1943 ve ii the iadlity must e Gonststen+ with o n�preh�,i,e stnrmwater �VPTCI""f—Q—G l"LTi 1944 management 1945 i�o SMP Li+�-Fat has been approved__prier to july 9 '�nL012, by the hoard +he Chesapeake ay I c +ann aryl prier to its abolishment on L,Iv 1 204- 1946 �#es�pp��a-k�e--��e�i���4s��+s�Ta,,�e-�ea,��- G, , �-r� 1947 1948 iR state or federal waters must be ebtained frern the apprepriate statee 1949 and federal l agenrrdes sUGh as the U.S. Army GeFps ef Engineers, theVir 1950 Department Of En�i r�rrvrnirmi-r -Quality, and the Virginia Marine ResoUFGe 1951 COMMOSSiOR; (v) approval must be reGeived from the leGal gOVeFRment prier to 1952 ; 1953 faGilitieS to assure that they GGRtiRue to funGtOOR as designed. it is not the inte 1954 1955 from only aR iRdividuai lot eF seme portion of the lot to be leGated within a FeSourGe- 1956 preteGtion area. 1957 1958 Ses.1-224.Water quality. 1959 1960 A. GemplianGe with the water quality Griteria may be aGhweved by applying 1961 1962 planniRg area. 1963 1964 B. PerferrnanGe based—iceri For landdisturbiRg aGtiVitieS, the GaTGUlatea 1965 1966 GaIGUlated predeVe'OpFneRt lead based UPOR the average land GeveF Gend4men e 1967 the ev�TRg site GOR Ji+ion A READ shall a+erl desigRed, and maintained to 1968 1969 tiO effeGti edUGe the pollutant lead to the required level based i ins non the 1970 1971 1972 1973 1. Citi atien 1 consists of land_disturbing aGtmVqtoeS Where the existing perQe-Rt 1974 . . GGVeF OS less than or equal te the average land GeVeF GonditiGR and 1975 the propesed improvements Will Greate a total PeFGent :;ever that 1976 loss than the average land hover ronrlition 1977 1978 required. 1979 1980 1981 the p.-p-sed improvements Will Greate a tetal peFGent ;ever that 1982 greater than 1983 Requirement T hargeafter rlict,,rh-AnEe shall Ret eXGeeed the 1984 1985 3. gotuatmen 3 Gensists ef land disturbing aGtiVitieS where the existing per 1986 . 1987 1988 pellutant diSGharge based OR eXiStiRg GenditiGRS IeSS 101% 1989 . 1990 1991 GOver is seepled by an existing stermwater management BNOP that 1992 ad�dirp-Scspe-S water quality. 1993 1994 existing pollutant diSGharge based on the existing peFGent impe i- - --r 1995 while served 6y the existfng READ The tiRg R�Thall_ _shOWR to ho.ie 1996 1997 1998 1999 G. TeGhRelegy based Griteria For Ianr-l_rlisti irhino aGti„�? the � tdeveleped 2000 t c "an appropriate 2001 czoz Zzoz �ZOZ ozoz . . 6 WZ Mz . L Wz Mz 9�OZ t,l OZ C�oz ZWz °Iofl9 %0-00 —L9 11/10� Ott#-PUeS 'io6-9 paqueque 11/0�� %M urseq Heol- q6��- Otvr °f6 b 8ioL9—Zz °�06� %0 afo tit 11ioft f � �OZ U0Z 60OZ 'PE)Z!t!jf', 900Z LOOZ 900Z SON aq, sue t7OOZ CON . . ZOoz 2024 2025 2026 2027 baRkfull flGW GORditions (tep of bank) brought eR by land disturbing aGtiv4aes 0 2028 where more stringent reqUiFeMeRtS are ReGeSSaP� tG address total maximum da4y 2029 lead FeqtA*FeMeRtS Or W nrnteGt eXGe n+innaI wa+eFs_Therefore, iR lieu of te- 2030 2031 2032 provide twerty four_ ur extended dee�n+%f the runoff generated by the one— 2033 . 2034 2035 2036 2037 - - - d- -by state regulation may, adopt more stringent Ghannel analysis Griteria G.r 2038 2039 Will Ret inGFease due to the land-disturbiRg . 2040 These Tiiteri ry innl-de h„t are not limited to, the fell ing 2041 2042 2043 2. PrOGedures fOF Ghannel data Gelledien. 2044 2045 2046 4.Criteria #er the se!eGtinn of nrnnnSed gat„ral er manmade nhanRel I;n;n...- 2047 2048 2049 2050 2051 fFem damages from leGali ed fleediRA dl-le tO Gh-a.n.ges iR runeff Fate of flow and zj 2052 , 2053 frequenGy, dUFatmOR, and peak flow rate of stermwater FUROff on aGGe_rdanGe with the 2054 . 2055 2056 B. The teR-year pest develeped peak rate 9f rUROff frem the develepmeRt Site shall Rel 2057 eXGeed the ten year nrerlerrelened peak rate of r,,nnff. y vu, N,vuvv�.,v N�.0 rc.un ,uw yr rzai-rvrr 2058 2059 G. IR lieu of subseGtion B. of this seGt*E)R, the Gity may, by eFdinaRGe in aGGerdan 2060 with § 62.1-44.15:33 ef the Code of VirgiRia, adept alternate design Griteria based 2061 2062 GenveyanGe faGtors as appFeproat&-. 2063 2064 D. Lnear develepment projeGtS shall not be required tO Gontrel post develop 2065 2066 stermwater management plan. 2067 2068 der.-1-27. Regional (watershed-wide) storr-rmrrwater management plans. 2069 2070 Water quality requiremeRtS and where allowed, water quanfity requirements, may 2071 he onhieved in ennnrdanne with centienc 1 14 and 1 19, 2072 2073 Cnn 1-28 Long-term maintenanrn of permanent stormwatnr faGilitinc 2074 2075 2076 2077 manage the quality and quantity of runeff. SUGh requirements shall be set forth On a 2078 2079 2080 and shaIl: 2081 2082 2083 +tThyeissuanne of the \ CL SAD permit, 2084 2. Be stated to n,n with the land• , 2085 3. Drevide for all nenessapy anness to the property for purposes of maintenanne 2086 and regulateFy 2087 2088 maintenance reports to theAdministrator; 2089 2090 6. Be approved for legal s,,ffinienry by the City Atterpe\/ 2091 2092 R.AreG-0f-ded instrument -8 not required for stermwater management farili�? 2093 designed to treat stermwater runeff primarily from an individual FeSideRtial lot on 2094 whiGh they are IeGated. An agreement On lieu of plan shall be entered into tha 2095 . 2096 2097 2098 stermwater management faGilities designed to treat stermwater runoff primarily from 2099 2100 2101 method targeted at promoting the leng term maintenanGe Gf SUGh fadlitieS. SUGh 2102 2103 by the Administrator. 2104 2105 . 2106 2107 . 2108 2109 1, rnmplianne w4h the approver) erosion and sediment Gentrol plaRil 2110 2. Complianne with the appreved stormwater management plan; 2111 ; and 2112 4. Dee1 pment and i ement nefan„ additional Gont r l measures 2113 peressapy to address a TMDL. 2114 2115 , 2116 eRtGr any establishment OF UPOR any property, publiG or private, for the purpose G 2117 obtaining information OF GeRdUGt..Izj or investigations neGessary in4he 2118 enfnrr•ement of the provisions of this —rdinanre 2119 2120 G. IR aGGGrdanGe with a perfeFmanGe bORd with surety, Gash eSGFeW, letter of Gredit, 2121 2122 2123 2124 required by the permit GE)Rditions aSSOGiated with a Iand disturbing aGtiVity wheR a 2125 2126 speEi#+ed. 2127 2128 2129 2130 VCAAD rmit rpq iiromontc „R.der this nrdinan�e fi irnish when vUry rr-- "`iurrc�r rc��rrzrr rcrc�crn�--vraTrrarr , n�vrTcrr 2131 requested SUGh appliGatie materials, plans, speG*fqGatm()Rs, and other pertineR 2132 %Rf()rmatmOR as may be neGessary to determine the effeGt of his diSGharge on the 2133 quality of state wateFs, OF SUGh other information as may be neG8SSa" 2134 . 2135 2136 2137 2138 , 2139 -At minim„m at least enGe every five (5) "ears 2140 2141 Ses. ''�Hearings. 2142 2143 2144 2145 forma' hearing, may demand in writiRg a fermal hearing by the Stermwater Appeals 2146 Beard, who is designated by the City GOURGOI as its appeals body, provided 2147 appliGatiOR requesting SUGh hearing us filed w4h the Department of RaRRing and 2148 COMMURity Development, Development ServiGes GenteF within thiFty (30) days 2149 after netine of s,,nh aGtien is given by the Administrnter. 2150 2151 B. The hearings held under this SeGtiGR shall be GGRdUGted by the Stermwater 2152 Appeals Board at any firne and PIaGe authGrized by the SterFnwater Appeals Board-, 2153 but sheuld be SGhedLA!ed within sixty (60) days of the nOtiGe of appeal, 2154 2155 C. A verbatim reGGFd ef the PrGGeediRgS ef suGh heaFiRgS shall be takeR and filed with 2156 the Stermwater Appeals Beard. Depositiens may be taken and read as iR aGtm()RS at 2157 lam 2158 2159 D. The Stermwater Appeals Beard, shall have power to request the issuaRGe of 2160 2161 2162 2163 2164 the same foes and reimbursement fer mileage in niyil aGtienc 2165 2166 E. The Standard ef appeal shall be as listed in Sestien1r21 A and R VariGeS 4f 2167 th+s Q,rd iaaRGe The B eaTd' authe pity is to hear appeals and determine ne ifr the 2168 departments of PubliG Works or Planning's adMiRistrative deGiSiGRs and variaRGe 2169 Fegard'Rg 'RteFpretatmOR and implementation of this ordiRaRGe are vand. The Board 2170 should eXaMwRe—tone evideRGe- presented toy o,-diti d rpol 2171 evm ense that is relevant "" 2172 2173 F. The tmme lemotatioRS above shall not GE)MmeRGe Until the appleGat'OR OS GeMplete, 2174 2175 2176 . 2177 2178 Within thirty (30) days of the deG'S'OR of the Stermwater Appeals Board—a 2179 2180 City of ViFghnia BeaGh. The petition for appeal shall be flied in writing within thirty (30) 2181 days of the date of the deGision, determination er aGtion, shall State Glearly the grounds 2182 OR whiGh the appeal is based. 2183 2184 Ses.-32. Enfersement. 2185 2186 A. if the Administrator deteFmffiRes that there is a failure to Gemply with the VSMP 2187 2188 2189 2190 2191 shall be sep4led by registered or Gertified maw! to the address speGified OR the p 2192 appliGatien or by delivery at the site of the development aGtivities to the agent 0 2193 employee s„pe n,iciniv s,,Gh aGti„itiec 2194 T� + II 2195 1. The ne'ti�all SpeGify the measures Reeded mnl" with the permit 2196 GeRditieRS and shall SpeGify the time within wNGh SUGh measures shall be 2197 GOMpleted. Upon faw!uFe to Gornply w4hin the time SpeGified, a stop work order 2198 may be issued in aGGE)r-daRGe with subseGtien B. or the permit may be revoked 2199 by the Administrator. 2200 2. if a permittee fails to GeMp!y with a ne_t'Ge issued In aGGOrdaRGe with this 2201 sectieR within the t�� spedfied, the AdministFater may issue an ordeef 2202 requiring owner, per�i rsenrre.s, o,nsible_�fno�r eern„�Out an 2203 Y 2204 an approved PlaR or required permit to Gease all land 6stuinbing aGtivities u 2205 the violat"on of the permit has Geased, or an approved plan and required 2206 permits are obtained, and SpeGified GE)FFeGtwVe measures have been GOMPlet 2207 Step orders sha beGGMe effedi"e upon s F iGe on he person by rerfified 2208 maol, retuFR FeGeipt requested, sent to his address speGified in the land FeGerds- 2209 of the ;eEal+y, or by personal delivery 3 an agent of the dMinistrr+ato 2210 2211 or present . �Rt and substantial danger of Gausing harmful erosion Gf 2212 lands or rsed*m deposition in waters within the watersheds of the 2213 Commonwealth or othepwise substantially *MpaGt*ng water quality, it may issue, 2214 2215 to Gease immediately all land disturbing aGtivities on the site and shall provide 2216 2217 2218 2219 , 2220 Mandamus, or other appropriate remedy OR aGGOrdaRGe with this seGtweR. 2221 2222 B. IR additiOR to aRy other remedy provided by this Qrd*RanGe, of the Administrator or 2223 his desigRee deteffniReS that there is a failure to GOMPIY with the prevlSIGRS of this 2224 2225 2226 State laW and FegUlatiORS. 2227 2228 2229 2230 by the AdMiRiStFatGF may be compelled in a PFOGeeding instituted OR the GirGUit 2231 2232 therewith by ORjURGt4en, mandamus or other appropriate remedy. 2233 2234 2235 refuses to GOMply with aRy order of the Adm*R'StFatOF, shall be subjeGt to a GiVil 2236 peRalty, ordered by the—GirGU ed thirty-two thousand oe 2237 2238 EaGh day of ViGlatiGR of eaGh requiremeRt shall GGRstitute a separate offense. 2239 2240 1 . V*elat*ens for whiGh a penalty may be imposed under this SubSeGt!GR shall 2241 RGlude but net be limited to the felleWiRg: 2242 2243 i• No state permit registration; 2244 a No SWPPD• 2245 ;i; Incomplete SWPPD• 2246 2247 , 2248 2249 2250 2251 �i Qperatinnol defioienoie 2252 , 2253 X. Inpnmplete improper, or missed incpe etin nc• and 2254 n;. DiSGharges not OR remplianne with the requirementc of Ccctinn��__9 TOP_ 2255 . 2256 2257 2258 and the aGtien may be proseGuted iR the appropriate GGUA-. 2259 2260 the degree of harm Gaused by the vielatieR and also the eGeRGMiG beRefit to 2261 . 2262 4. ARY GiVil PeRalties assessed by a GGUFt as a result of a summons issued by the 2263 City shall be paid ORte a segregated aGGOunt inte the treasury of the City of 2264 2265 2266 . 2267 5. Netwethstanding any other GiVil er equitable remedy previded by this SeGtien G 2268 by law, any perSOR who willfully or negligently violates any preViSieR Of this 2269 2270 2271 jam! fer Ret mere thaR twelve (i 2) menths or a fiRe Of ROt less than bNe theusand 2272 . 2273 2274 Ses:1-33:fees. 2275 2276 A. Fees tO EeVeFEests aSSoGeated with imnlomc tatiOR of a VS MP related tol and 2277 2278 permits shall be impesed on aGGerdanGe with the fees OR Table 1. When a site e 2279 sites has beeR purGhased for development withiR a previously permitted GOMMOR 2280 2281 woth the strh edge of their site or cites aGGerdiRg o Toter 2282 2283 Fee type Dlon I7ey eui wee� the Commonwealth Chesapeake Bay Preservation Aot La n„rlev• $7(1G Per�tGE)vererre• sites within rlesinnaterl , arcs of��Chesapeake Bay art Iorelities wbth land_dist„rhanGe aGreaoe equal to or greater en t th 500 square feet and less , Duplex: $205 scale with lend dist„rhanne anreane less (`nnstrUrtion 4otiyity/I end Clearing /Cites Duplex: $20-5 Single family: $0 III others: $1944 Genstr„rtion Gtiyity/I and Clearing (Cites greater than 5. anres and les than--4-0 t greater��he.rn 10 aGFe? and less., thr-�-50 Genera UCtor ter Management _ Large $4,392 $1 ,708 greater than 50 acres a�nd less tha�rranr-100 GonstwGtion AGtivity/Land Clearing (with land—dastu banEe—aGreage--egal - to er 2284 2285 if the prejeGt iS GOMpletely administered by the Department SuGh as may be the Gase 2286 for a state or federal projeGt or projeGtS GOvered by individual permits, the eRtire 2287 appliGaRt fee shall be paid te the Commenwealth. 2288 2289 B. Fees fer the modifiGatiGR or transfer of registratiOR statemeRtS from the genera4 2290 permit issued by the State Beard shall be O.M.posed OR aGGGrdaRGe with Table 2. if 2291 2292 plans that require add*ti()Ral review by the City ef VirgiRia BeaGh, SuGh Feviews shall 2293 be subjeGt tO the fees set out OR Table 2. The fee assessed shall be based en the 2294 total disturbed aGreage of the site. in addition te the geReral permit FnGd'f'Gat'en fee, 2295 �l ol , .rease total disturbed aGreage shall pay—the 2296 differeRGe on th pe,rnit fee paid and the permit fee that would have applied 2297 for the total dosturbed aGreage lR Table 1. 2298 2299 Table 2: Fees for the modifiGatiGR or transfer of reg'StFatmOR StatemeRtS for the General 2300 Type of Permit Foe Amount $ 9 $298 GleariRg (Sites with land disturbaRGe aGreage equal to or greater than Genera l/Stormwater Management Large GeRMWGtinn AGtiy Ity/`Zama CleariRg (Sites with land disturbanGe aGreage equal te or greater than Clearing (Sites Wth Iand disturbanGe aGreage equal to er greater than GleaFiRg (Sites with land distuFbaRGe aGreage equal to eF greater than Clearing (Sites with land disturbanGe aGreage equal te or greateF than 2301 2302 2303 Table 3, ' 2304 Gentinued. With respeGt tO the geReral permit, these fees shall apply Until the permit 2305 r`^v e.erageage is terminated 2306 2307 Table 3: Permit Maintenange Feec Type of Permit Fee Omni ipt Chesapeake PresewatiOR AGt Land Disturbing AGtiVity(nott subjeGt te General Permit Geverage; sit�es within decignu+ed areas ofr Chesapeake Bay AGt IeGalities- with 'and disturbaRGe aGreage equal to or greate-r-4han 2,500 square feet and less than4-aG-re) r neral/CtormWater Management _ all Gonstri Gtien�AGtiivTcy/La d Clearing eas Y�l GOmmen plans of development er sale with CleaFiRg (Sites with land disturbaRGe equal to or greater than 1 aGre Clearing (Sites with land disturbanGe aGreage equal to or greater than Gener E)FMWater MaRageMeRt —Large GenstrUG ien 4rtiyity/I and $650 Glear"Rg (Sites with land disturbaRGe aGreage equal to or greater than 'eacian/Ster waterTanagement _ Large GenstrUGtien Aotiy4y/I and $94De Glearipg (Cites with land disti irhanne aGreage equal to or greater than GeReral/Stermwater Management _ Large (;onstrilntion Antiyity/I and 0 , GleariR9,J (Sites with land disturbanGe aGreage equal te or greater 100 age 2308 2309 General PeFMit GE)verage mainteRaRGe feeS shall be paid aRRUally te the City of Virginia 2310 BeaGh, by the anniversary date ef general PeFMit GOVerage. No permit will be Feissul 2311 2312 . 2313 2314 D. The fees set forth *n s bseG ' shall apply te: 2315 2316 1. All persons seeking GOVerage Under the general permit if required. 2317 2. All permi tees wheo es requstt imTedifTeati�j to or transfers ef�r existing 2318 `" 2319 3. Persons whOSe GeveFage LAnder the general permit has beeR revoked shall 2320 2321 Frem GenStFUGtieR AGtivities. 2322 4. Permit and permit GOVerage mainteRaRGefees etAtlined i inner scetien�G. 2323 may apply to eaGh general permit helder. 2324 I 2325 E. F gener'al eFMi+ t appliGatinn fees will he assessed to: 1�1TTl.Ti S�'VTIT�SJ assessed�- 2326 2327 2328 SeGtio}-1-3 of this OrdinarlGe. Permit medifino}inr s at the ron„oc} of the 2329 permittee resulting in Ghanges to stermwater management plans that require 2330 addi}��al review by the Arlminic}ra}er shall not be exempt nurc„on} to }hiss 2331 SeGt+on. 2332 2333 the Department, eXG'Ud*ng erreFs irl the registratien statement identified by the 2334 AdMiRiStFateF or eFFGFsrelated to the arroano of the site. 2335 2336 F. All inGC)Mplete payments will be deemed as nonpayments, and the appliGant sh 2337 be notified of any OnGemplete payments. interest may be Gharged for late payments 2338 at the URderpayment rate set ferth On § 58.1 15 of the Gede of Virginia an 2339 GaIGUlated on a monthly basis at the-ap,!*,--'-.'- . f G rate. A ten (10) perGent late 2340 payment fee shall be Gharged to any (ever niRety (90) days past due), 2341 aGGE)unt. The City Of Virginia BeaGh shall be eRtitled tG all remedies available unde 2342 . 2343 2344 2345 2346 PFmer to 'ssuanGe ef -any permit, the AppliGant may be required to submi" 2347 reasonable perfermarlGe bGRd with SUrety, Gash eSGrOW, letter of Gredit, any Gernbinatien 2348 thereef, OF SUGh ether legal arrangerneRt aGGeptable to the City Attorney, to ensure that 2349 rneasureS GGUld be taken by the City at the AppliGaRt's 2350 proper nOtlGe, within the tome SpeGified to initiate or rnaintain appropriate aGtiens who 2351 may be required of him by the perMit Genditions as a result of his land-disturbing 2352 aGtlVity. if the City takes SUGh aGtion upon SUGh failure by the ApphGant, the Gity pnay 2353 2354 SUGh aGtiGR eXGeed the amount ef the SeGUrity held, Of any. Withirl SiXty (60) days of the 2355 GOMpletion of the requirements ef the permit Genditions, SUGh bond, Gash eSGFeW, letter 2356 Of Gredit or ether legal aFrangerneRt, er the URexpended Or LARobligated portion thereof-, 2357 shall be refunded to the AnnliGant or}ormino}orl 2358 2359 Sec. 1-35. Public; Works Design Standards Manuat, 2360 2361 2362 . 2363 2364 . Severah 2365 2366 Each separate PrGViSiGR o�? (lydinanno is deemed in lJ QepeRont of all othor 2367 2368 , 2369 2370 Ses. ''��e sewed. 2371 2372 APPENDIX D EROSION AND STORMWATER MANAGEMENT 2373 2374 Pursuant to §62.1-44.15:27 of the Code of Virqinia, this ordinance is adopted as 2375 part of an initiative to integrate the City of Virginia Beach ("City") stormwater 2376 management requirements with the City erosion and sediment control into a 2377 consolidated erosion and stormwater management program. The erosion and 2378 stormwater management program is intended to facilitate the submission and approval 2379 of plans, issuance of permits, payment of fees, and coordination of inspection and 2380 enforcement activities for land-disturbing activities into a more convenient and efficient 2381 manner for both the City and those responsible for compliance with these programs. 2382 2383 Sec. 1.1. Title, Purpose, and Authority. 2384 2385 A. This ordinance shall be known as the "Erosion and Stormwater Management 2386 Ordinance of the City of Virginia Beach". 2387 2388 B. The purpose of this ordinance is to ensure the general health, safety, and welfare 2389 of the citizens of the City, protect the quality and quantity of state waters from the 2390 potential harm of unmanaged stormwater and soil erosion, including protection 2391 from a land disturbing activity causing unreasonable degradation of properties, 2392 water quality, stream channels, and other natural resources, and to establish 2393 procedures whereby stormwater requirements related to water quality and quantity 2394 shall be administered and enforced. 2395 2396 C. This ordinance is authorized by § 62.1-44.15:27 of the Code of Virginia. 2397 2398 Section 1.2. Definitions. 2399 2400 The following words and terms, when used in this ordinance, shall have the 2401 followinq meanings, unless the context clearly indicates otherwise. 2402 2403 "Adequate channel" means a channel that will convey the designated frequency 2404 storm event without overtopping the channel bank nor causing erosive damage to the 2405 channel bed or banks. 2406 2407 "Administrator" means the City Manager, or his designee(s). 2408 2409 "Agreement in lieu of a plan" means a contract between the City and the owner 2410 or permittee that specifies methods that shall be implemented to comply with the 2411 requirements of the VESMA and this ordinance for the construction of a (i) single-family 2412 detached residential structure or (ii) farm building or structure on a parcel of land with a 2413 total impervious cover percentage, including the impervious cover from the farm building 2414 or structure to be constructed, of less than five percent; such contract may be executed 2415 by the City in lieu of a soil erosion control and stormwater management plan. 2416 2417 "Applicant" means person submitting a soil erosion control and stormwater 2418 management plan to a VESMP authority for approval in order to obtain authorization to 2419 commence a land- disturbing activity. 2420 2421 "Best management practice" or "BMP" means schedules of activities, prohibitions 2422 of practices, maintenance procedures, and other management practices, including both 2423 structural and nonstructural practices, to prevent or reduce the pollution of surface 2424 waters and groundwater systems. 2425 2426 1. "Nonproprietary best management practice" means both structural and 2427 nonstructural practices to prevent or reduce the pollution of surface waters 2428 and groundwater systems that are in the public domain and are not protected 2429 by trademark or patent or copyright. 2430 2. "Proprietary best management practice" means both structural and 2431 nonstructural practices to prevent or reduce the pollution of surface waters 2432 and groundwater systems that are privately owned and controlled and may be 2433 protected by trademark or patent or copyright. 2434 2435 "Board" means the State Water Control Board. 2436 2437 "Causeway" means a temporary structural span constructed across a flowing 2438 watercourse or wetland to allow construction traffic to access the area without causing 2439 erosion damage. 2440 2441 "Channel" means a natural stream or manmade waterway. 2442 2443 "Chesapeake Bay Preservation Act" means Article 2.5 62.1-44.15:67 et seq.) 2444 of Chapter 3.1 of Title 62.1 of the Code of Virginia. 2445 2446 "Chesapeake Bay Preservation Area" means any land designated by a local 2447 government pursuant to Part III (9VAC25-830-70 et seq.) of the Chesapeake Bay 2448 Preservation Area Designation and Management Regulations and $ 62.1-44.15:74 of 2449 the Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource 2450 Protection Area and a Resource Management Area as defined in the Chesapeake Bay 2451 Preservation Area Designation and Management Regulations (9VAC25-830). 2452 2453 "Clean Water Act" or "CWA" means the federal Clean Water Act (33 USC 1251 2454 et seg.), formerly referred to as the Federal Water Pollution Control Act or Federal 2455 Water Pollution Control Act Amendments of 1972, Public Law 92-500 as amended by 2456 Public Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 97-117 or 2457 any subsequent revisions thereto. 2458 2459 "Cofferdam" means a watertight temporary structure in a river, lake etc. for 2460 keepinq the water from an enclosed area that has been pumped dry so that bridge 2461 foundations, dams, etc., may be constructed. 2462 2463 "Common plan of development or sale" means a contiguous area where separate 2464 and distinct construction activities may be taking place at different times on different 2465 schedules. 2466 2467 "Comprehensive stormwater management plan" means a plan, which may be 2468 integrated with other land use plans or regulations that specifies how the water quality 2469 components, quantity components, or both of stormwater are to be managed on the 2470 basis of an entire watershed or a portion thereof. The plan may also provide for the 2471 remediation of erosion, flooding, and water quality and quantity problems caused by 2472 prior development. 2473 2474 "Construction activity" means any clearing, grading, or excavation associated with 2475 construction activity. 2476 2477 "Control measure" means any BMP, stormwater facility, or other method used to 2478 minimize the discharge of pollutants to state waters. 2479 2480 "CWA and regulations" means the Clean Water Act and applicable regulations 2481 published in the Code of Federal Regulations promulgated thereunder. For the 2482 purposes of this ordinance, it includes state program requirements. 2483 2484 "Dam" means a barrier to confine or raise water for storage or diversion, to create 2485 a hydraulic head, to prevent gully erosion, or to retain soil, rock or other debris. 2486 2487 "Denuded" means a term applied to land that has been physically disturbed and 2488 no longer supports vegetative cover. 2489 2490 "Department" means the Virginia Department of Environmental Quality. 2491 2492 "Depression storage" means the amount of rain that is retained on the surface in 2493 micro-depressions, ditches, and other terrain irregularities where water is allowed to 2494 collect and pond. 2495 2496 "Development" means land disturbance and the resulting landform associated 2497 with the construction of residential, commercial, industrial, institutional, recreation, 2498 transportation, or utility facilities or structures or the clearing of land for nonagricultural 2499 or nonsilvicultural purposes. The regulation of discharges from development, for 2500 purposes of stormwater management, does not include the exclusions found in 2501 9VAC25-875-860. 2502 2503 "Dike" means an earthen embankment constructed to confine or control water, 2504 especially one built along the banks of a river to prevent overflow of lowlands; levee. 2505 2506 "Discharge" when used without qualification, means the discharqe of a pollutant. 2507 2508 "Discharge of a pollutant" means: 2509 2510 1. Any addition of any pollutant or combination of pollutants to state waters from 2511 any point source; or 2512 2. Any addition of any pollutant or combination of pollutants to the waters of the 2513 contiguous zone or the ocean from any point source other than a vessel or 2514 other floating craft which is being used as a means of transportation. 2515 2516 This definition includes additions of pollutants into surface waters from: 2517 surface runoff that is collected or channeled by man: discharges through 2518 pipes, sewers, or other conveyances owned by a state, municipality, or other 2519 person that do not lead to a treatment works: and discharges through pipes, 2520 sewers, or other conveyances, leading into privately owned treatment works. 2521 This term does not include an addition of pollutants by any indirect 2522 discharger. 2523 2524 "District" or "soil and water conservation district" means a political subdivision of 2525 the Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 2526 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia. 2527 2528 "Diversion" means a channel with a supporting ridge on the lower side 2529 constructed across or at the bottom of a slope for the purpose of intercepting surface 2530 runoff. 2531 2532 "Dormant" means denuded land that is not actively being brought to a desired 2533 grade or condition. 2534 2535 "Drainage area" means a land area, water area, or both from which runoff flows to 2536 a common point. 2537 2538 "Energy dissipator" means a nonerodible structure which reduces the velocity of 2539 concentrated flow to reduce its erosive effects. 2540 2541 "Environmental Protection Agency" or "EPA" means the United States 2542 Environmental Protection Agency. 2543 2544 "Erosion and sediment control plan" means a document containing material for 2545 the conservation of soil and water resources of a unit or group of units of land. It may 2546 include appropriate maps, an appropriate soil and water plan inventory and 2547 management information with needed interpretations, and a record of decisions 2548 contributing to conservation treatment. The plan shall contain all manor conservation 2549 decisions to ensure that the entire unit or units of land will be so treated to achieve the 2550 conservation objectives. 2551 2552 "Erosion impact area" means an area of land that is not associated with a current 2553 land- disturbing activity but is subject to persistent soil erosion resulting in the delivery 2554 of sediment onto neighboring properties or into state waters. This definition shall not 2555 apply to any lot or parcel of land of 2,500 square feet or less used for residential 2556 purposes or to shorelines where the erosion results from wave action or other coastal 2557 processes. 2558 2559 "ESC" means erosion and sediment control. 2560 2561 "ESM plan" means a soil erosion control and stormwater management plan, 2562 commonly referred to as the erosion control and stormwater management plan. 2563 2564 "Farm building or structure" means the same as that term is defined in § 36-97 of 2565 the Code of Virginia and also includes any building or structure used for agritourism 2566 activity, as defined in 3.2-6400 of the Code of Virginia, and any related impervious 2567 services including roads, driveways, and parking areas. 2568 2569 "Flood fringe" means the portion of the floodplain outside the floodway that is 2570 usually covered with water from the 100-year flood or storm event. This includes the 2571 flood or floodway fringe designated by the Federal Emergency Management Agency. 2572 2573 "Flooding" means a general or temporary condition of partial or complete 2574 inundation of normally dry land areas from: 2575 2576 (a) The overflow of inland or tidal waters, or 2577 (b) The unusual and rapid accumulation or runoff of surface waters from any 2578 source, or 2579 (c) Mudflows, which are akin to a river of liquid and flowing mud on the surfaces of 2580 normally dry land areas, as when earth is carried by a current of water and 2581 deposited along the path of the current. 2582 (d) The collapse or subsidence of land along the shore of a lake or other body of 2583 water as a result of erosion or undermining caused by waves or currents of 2584 water exceeding anticipated cyclical levels or suddenly caused by an unusually 2585 high water level in a natural body of water, accompanied by a severe storm, or 2586 by an unanticipated force of nature such as flash flood or an abnormal tidal 2587 surge, some similarly unusual and unforeseeable event that results in flooding 2588 as defined above. 2589 2590 "Floodplain" means the area adjacent to a channel, river, stream, or other water 2591 body that is susceptible to being inundated by water normally associated with the 100- 2592 year flood or storm event. This includes the floodplain designated by the Federal 2593 Emergency Management Agency. 2594 2595 "Flood-prone area" means the component of a natural or restored stormwater 2596 conveyance system that is outside the main channel. Flood-prone areas may include 2597 the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas 2598 adjacent to the main channel. 2599 2600 "Floodway" means the channel of a river or other watercourse and the adjacent 2601 land areas, usually associated with flowing water, that must be reserved in order to 2602 discharge the 100-year flood or storm event without cumulatively increasing the water 2603 surface elevation more than one foot. This includes the floodway designated by the 2604 Federal Emergency Management Agency. 2605 2606 "Flume" means a constructed device lined with erosion-resistant materials 2607 intended to convey water on steep grades. 2608 2609 "General permit" means a permit authorizing a category of discharges under the 2610 CWA and the VESMA within a geographical area. 2611 2612 "Hydraulic grade line (HGL)" means a line coinciding with the level of flowing 2613 water in an open channel. In a closed conduit flowing under pressure, the HGL is the 2614 level to which water would rise in a vertical tube at any point along the pipe. It is equal 2615 to the energy grade line elevation minus the velocity head, V2/2g. 2616 2617 "Hydrologic Unit Code" or "HUC" means a watershed unit established in the most 2618 recent version of Virginia's 6th Order National Watershed Boundary Dataset unless 2619 specifically identified as another order. 2620 2621 "Impervious cover" means a surface composed of material that significantly 2622 impedes or prevents natural infiltration of water into soil. 2623 2624 "Inspection" means an on-site review of the prolect's compliance with any 2625 applicable design criteria, or an on-site review to obtain information or conduct surveys 2626 or investigations necessary in the implementation or enforcement of the VESMA and 2627 applicable regulations. 2628 2629 "Karst area" means any land area predominantly underlain at the surface or 2630 shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any 2631 obvious surface karst features. 2632 2633 "Karst features" means sinkholes, sinking and losing streams, caves, large flow 2634 springs, and other such landscape features found in karst areas. 2635 2636 "Land disturbance" or "land-disturbing activity" means a manmade change to the 2637 land surface that may result in soil erosion or has the potential to change its runoff 2638 characteristics, including construction activity such as the clearing, grading, excavating, 2639 or filling of land. 2640 2641 "Land-disturbance approval" means an approval allowing a land-disturbing 2642 activity to commence issued by the VESMP authority after the requirements of 62.1- 2643 44.15:34 of the Code of Virginia have been met. 2644 2645 "Lame construction activity" means construction activity including clearing, 2646 grading, and excavation, except operations that result in the disturbance of less than 2647 five acres of total land area. Large construction activity also includes the disturbance of 2648 less than five acres of total land area that is a part of a larger common plan of 2649 development or sale if the larger common plan will ultimately disturb five acres or more. 2650 Lame construction activity does not include routine maintenance that is performed to 2651 maintain the original line and grade, hydraulic capacity, or original purpose of the 2652 facility. 2653 2654 "Layout" means a conceptual drawing sufficient to provide for the specified 2655 stormwater management facilities required at the time of approval. 2656 2657 "Linear development project" means a land-disturbing activity that is linear in 2658 nature such as, but not limited to, (i) the construction of electric and telephone utility 2659 lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, 2660 communication facilities and other related structures of a railroad company; NO 2661 highway construction projects; (iv) construction of stormwater channels and stream 2662 restoration activities; and (v) water and sewer lines. Private subdivision roads or streets 2663 shall not be considered linear development projects. 2664 2665 "Live watercourse" means a definite channel with bed and banks within which 2666 concentrated water flows continuously. 2667 2668 "Locality" means City of Virginia Beach. 2669 2670 "Localized flooding" means smaller scale flooding that may occur outside of a 2671 stormwater conveyance system. This may include high water, ponding, or standing 2672 water from stormwater runoff, which is likely to cause property damage or unsafe 2673 conditions. 2674 2675 "Main channel" means the portion of the stormwater conveyance system that 2676 contains the base flow and small frequent storm events. 2677 2678 "Major municipal separate storm sewer outfall" or "major outfall" means a 2679 municipal separate storm sewer outfall that discharges from a single pipe with an inside 2680 diameter of thirty-six (36) inches or more or its equivalent (discharge from a single 2681 conveyance other than circular pipe which is associated with a drainage areas of more 2682 than fifty (50) acres); or for municipal separate storm sewers that receive stormwater 2683 from lands zoned for industrial activity (based on comprehensive zoning plans or the 2684 equivalent), with an outfall that discharges from a single pipe with an inside diameter of 2685 twelve (12) inches or more or from its equivalent (discharge from other than a circular 2686 pipe associated with a drainage areas of two (2) acres or more). 2687 2688 "Manmade" means constructed by man. 2689 2690 "Minimize" means to reduce or eliminate the discharge of pollutants to the extent 2691 achievable using stormwater controls that are technologically available and 2692 economically practicable. 2693 2694 "Minor modification" means modifications and amendments not requiring 2695 extensive review and evaluation including changes in EPA promulgated test protocols, 2696 increasing monitoring frequency requirements, changes in sampling locations, and 2697 changes to compliance dates within the overall compliance schedules. A minor permit 2698 modification or amendment does not substantially alter permit conditions, substantially 2699 increase or decrease the amount of surface water impacts, increase the size of the 2700 operation, or reduce the capacity of the facility to protect human health or the 2701 environment. 2702 2703 "Natural channel design concepts" means the utilization of engineering analysis 2704 and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open 2705 conveyance system for the purpose of creating or recreating a stream that conveys its 2706 bankfull storm event within its banks and allows larger flows to access its bankfull 2707 bench and its floodplain. 2708 2709 "Natural stream" means a tidal or nontidal watercourse that is part of the natural 2710 topography. It usually maintains a continuous or seasonal flow during the year and is 2711 characterized as being irregular in cross-section with a meandering course. 2712 Constructed channels such as drainage ditches or swales shall not be considered 2713 natural streams; however, channels designed utilizing natural channel design concepts 2714 may be considered natural streams. 2715 2716 "Nonerodible" means a material, e.g., riprap, concrete, plastic, etc., that will not 2717 experience surface wear due to natural forces. 2718 2719 "Nonpoint source pollution" means pollution such as sediment, nitrogen, 2720 phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be 2721 pinpointed but rather are washed from the land surface in a diffuse manner by 2722 stormwater. 2723 2724 "Operator" means the owner or operator of any facility or activity subject to the 2725 VESMA and this ordinance. In the context of stormwater associated with a large or 2726 small construction activity, operator means any person associated with a construction 2727 protect that meets either of the following two criteria: (i) the person has direct 2728 operational control over construction plans and specifications, including the ability to 2729 make modifications to those plans and specifications or (ii) the person has day-to-day 2730 operational control of those activities at a project that are necessary to ensure 2731 compliance with a stormwater pollution prevention plan for the site or other permit or 2732 VESMP authority permit conditions (i.e., they are authorized to direct workers at a site 2733 to carry out activities required by the stormwater pollution prevention plan or comply 2734 with other permit conditions). In the context of stormwater discharges from Municipal 2735 Separate Storm Sewer Systems (MS4s), operator means the operator of the regulated 2736 MS4 system. 2737 2738 "Outfall" means, when used in reference to municipal separate storm sewers, a 2739 point source at the point where a municipal separate storm sewer discharges to 2740 surface waters and does not include open conveyances connecting two municipal 2741 separate storm sewers, or pipes, tunnels or other conveyances with connected 2742 segments of the same stream or other surface waters and are used to convey surface 2743 waters. 2744 2745 "Owner" means the Commonwealth or any of its political subdivisions including, 2746 but not limited to, sanitation district commissions and authorities, and any public or 2747 private institution, corporation, association, firm or company organized or existing 2748 under the laws of this or any other state or country, or any officer or agency of the 2749 United States, or any person or group of persons acting individually or as a group that 2750 owns, operates, charters, rents, or otherwise exercises control over or is responsible 2751 for any actual or potential discharge of sewage, industrial wastes, or other wastes or 2752 pollutants to state waters, or any facility or operation that has the capability to alter the 2753 physical, chemical, or biological properties of state waters in contravention of § 62.14- 2754 44.5 of the Code of Virginia, the Act and this chapter. 2755 2756 "Peak flow rate" means the maximum instantaneous flow from a prescribed 2757 design storm at a particular location. 2758 2759 "Percent impervious" means the impervious area within the site divided by the 2760 area of the site multiplied by 100. 2761 2762 "Permit" or "VESMP Authority Permit" means an approval to conduct a land- 2763 disturbing activity issued by the Administrator for the initiation of a land-disturbing 2764 activity, in accordance with this Ordinance, and which may only be issued after 2765 evidence of general permit coverage has been provided by the Department, if required. 2766 2767 "Permittee" means the person to whom the VESMP Authority Permit is issued. 2768 2769 "Person" means any individual, partnership, firm, association,joint venture, public 2770 or private corporation, trust, estate, commission, board, public or private institution, 2771 utility, cooperative, county, city, town, or other political subdivision of the 2772 Commonwealth, governmental body, including a federal or state entity as applicable, 2773 any interstate body, or any other legal entity. 2774 2775 "Point of discharge" means a location at which concentrated stormwater runoff is 2776 released. 2777 2778 "Point source" means any discernible, confined, and discrete conveyance 2779 including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, 2780 rolling stock, concentrated animal feeding operation, landfill leachate collection system, 2781 vessel, or other floating craft from which pollutants are or may be discharged. This term 2782 does not include return flows from irrigated agriculture or agricultural stormwater runoff. 2783 2784 "Pollutant discharge" means the average amount of a particular pollutant 2785 measured in pounds per year or other standard reportable unit as appropriate, 2786 delivered by stormwater runoff. 2787 2788 "Pollution" means such alteration of the physical, chemical, or biological 2789 properties of any state waters as will or is likely to create a nuisance or render such 2790 waters (a) harmful or detrimental or incurious to the public health, safety, or welfare, or 2791 to the health of animals, fish or aquatic life, (b) unsuitable with reasonable treatment for 2792 use as present or possible future sources of public water supply; or (c) unsuitable for 2793 recreational, commercial, industrial, agricultural, or other reasonable uses, provided 2794 that (i) an alteration of the physical, chemical, or biological property of state waters, or 2795 a discharge or deposit of sewage, industrial wastes or other wastes to state waters by 2796 any owner which by itself is not sufficient to cause pollution, but which, in combination 2797 with such alteration of or discharge or deposit to state waters by other owners, is 2798 sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into 2799 state waters; and NO contributing to the contravention of standards of water quality 2800 duly established by the State Water Control Board, are "pollution" for the terms and 2801 purposes of this ordinance. 2802 2803 "Post-development" refers to conditions that reasonably may be expected or 2804 anticipated to exist after completion of the land development activity on a specific site 2805 or tract of land. 2806 2807 "Predevelopment" refers to the conditions that exist at the time that plans for the 2808 land- disturbing activity are submitted to the VESMP authority. Where phased 2809 development or plan approval occurs (preliminary grading, demolition of existing 2810 structures, roads and utilities, etc.), the existing conditions at the time prior to the 2811 commencement of land-disturbing activity shall establish predevelopment conditions. 2812 2813 "Prior developed lands" means land that has been previously utilized for 2814 residential, commercial, industrial, institutional, recreation, transportation, or utility 2815 facilities or structures, and that will have the impervious areas associated with those 2816 uses altered during a land- disturbing activity. 2817 2818 "Qualified personnel" means a person knowledgeable in the principles and 2819 practices of erosion and sediment and stormwater management controls who 2820 possesses the skills to assess conditions at the construction site for the operator that 2821 could impact stormwater quality and quantity and to assess the effectiveness of any 2822 sediment and erosion control measures or stormwater management facilities selected 2823 to control the quality and quantity of stormwater discharges from the construction 2824 activity. On or after July 1, 2025, "qualified personnel" shall hold an unexpired Dual 2825 Inspector certification issued by the department; an unexpired Inspector for Erosion 2826 and Sediment Control certification and an unexpired Inspector for Stormwater 2827 Management certification, both issued by the department; a Construction General 2828 Permit Qualified Personnel Certificate issued by the department or the Virginia 2829 Department of Transportation; or an equivalent certification provided by EPA (currently 2830 titled Construction Inspection Training Course). 2831 2832 "Responsible land disturber" or "RLD" means an individual holding a certificate 2833 issued by the department who is responsible for carrying out the land-disturbing activity 2834 in accordance with the approved erosion and sediment control plan or ESM plan. The 2835 RLD may be the owner, applicant, permiftee, designer, superintendent project 2836 manager, contractor, or any other project or development team member. The RLD 2837 must be designated on the erosion and sediment control plan, ESM plan or permit as 2838 defined in this ordinance as a prerequisite for engaging in land disturbance. 2839 2840 "Regulations" means the Virginia Stormwater Management Program (VESMP) 2841 Regulations, 9VAC25-875, as amended. 2842 - 2843 "Runoff coefficient" means the fraction of total rainfall that will appear at a 2844 conveyance as runoff. 2845 2846 "Runoff' or "stormwater runoff' means that portion of precipitation that is 2847 discharged across the land surface or through conveyances to one or more waterways. 2848 2849 "Runoff characteristics" includes maximum velocity, peak flow rate volume and 2850 flow duration. 2851 2852 "Runoff volume" means the volume of water that runs off the land development 2853 project from a prescribed storm event. 2854 2855 "Schedule of compliance" means a schedule of remedial measures included in a 2856 state permit, including an enforceable sequence of interim requirements (for example, 2857 actions, operations, or milestone events) leading to compliance with the Act, the CWA 2858 and regulations. 2859 2860 "Sediment basin" means a temporary impoundment built to retain sediment and 2861 debris with a controlled stormwater release structure. 2862 2863 "Sediment trap" means a temporary impoundment built to retain sediment and 2864 debris which is formed by constructing an earthen embankment with a stone outlet. 2865 2866 "Sheet flow" (also called overland flow) means shallow, unconcentrated and 2867 irregular flow down a slope. 2868 2869 "Shoreline erosion control protect" means an erosion control protect approved by 2870 local wetlands boards, the Virginia Marine Resources Commission, the department, or 2871 the United States Army Corps of Engineers and located on tidal waters and within 2872 nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia. 2873 2874 "Site" means the land or water area where any facility or land-disturbing activity 2875 is physically located or conducted, including adjacent land used or preserved in 2876 connection with the facility or land-disturbing activity. Areas channelward of mean low 2877 water in tidal Virginia shall not be considered part of a site. 2878 2879 "Site hydrology" means the movement of water on, across, through, and off the 2880 site as determined by parameters including soil types, soil permeability, vegetative 2881 cover, seasonal water tables, slopes, land cover, and impervious cover. 2882 2883 "Slope drain" means tubing or conduit made of nonerosive material extending 2884 from the top to the bottom of a cut or fill slope with an energy dissipator at the outlet 2885 end. 2886 2887 "Small construction activity" means: 2888 2889 1. Construction activities including clearing, grading, and excavating that results 2890 in land disturbance of equal to or greater than one acre and less than five 2891 acres. Small construction activity also includes the disturbance of less than 2892 one acre of total land area that is part of a larger common plan of development 2893 or sale if the larqer common plan will ultimately disturb equal to or greater than 2894 one and less than five acres. Small construction activity does not include 2895 routine maintenance that is performed to maintain the original line and grade, 2896 hydraulic capacity, or original purpose of the facility. The department may 2897 waive the otherwise applicable requirements in a general permit for a 2898 stormwater discharge from construction activities that disturb less than five 2899 acres where stormwater controls are not needed based on an approved "total 2900 maximum daily load" (TMDL) that addresses the pollutants of concern or, for 2901 nonimpaired waters that do not require TMDLs, an equivalent analysis that 2902 determines allocations for small construction sites for the pollutants of concern 2903 or that determines that such allocations are not needed to protect water quality 2904 based on consideration of existing in-stream concentrations, expected growth 2905 in pollutant contributions from all sources, and a margin of safety. For the 2906 purpose of this subdivision, the pollutants of concern include sediment or a 2907 parameter that addresses sediment (such as total suspended solids, turbidity, 2908 or siltation) and any other pollutant that has been identified as a cause of 2909 impairment of any water body that will receive a discharge from the 2910 construction activity. The operator shall certify to the department that the 2911 construction activity will take place, and stormwater discharges will occur, 2912 within the drainage area addressed by the TMDL or provide an equivalent 2913 analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications 2914 submitted in support of the waiver shall be submitted electronically by the 2915 owner or operator to the department in compliance with this subdivision and 40 2916 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875- 2917 940, and Part XI (9VAC25-31-950 et seq.) of the Virginia Pollutant Discharge 2918 Elimination System (VPDES) Permit Regulation. Part XI of 9VAC25-31 is not 2919 intended to undo existing requirements for electronic reporting. Prior to this 2920 date, and independent of Part XI of 9VAC25-31, permittees may be required to 2921 report electronically if specified by a particular permit. 2922 2. Any other construction activity designated by either the department or the EPA 2923 regional administrator, based on the potential for contribution to a violation of a 2924 water quality standard or for significant contribution of pollutants to surface 2925 waters. 2926 2927 "Soil erosion" means the movement of soil by wind or water into state waters or 2928 onto lands in the Commonwealth. 2929 2930 "Soil erosion control and stormwater management plan," commonly referred to as 2931 the erosion control and stormwater management plan, or "ESM plan" means a 2932 document describing methods for controlling soil erosion and managing stormwater in 2933 accordance with the requirements adopted pursuant to the VESMA. The ESM plan 2934 may consist of aspects of the erosion and sediment control plan and the stormwater 2935 management plan as each is described in this ordinance. 2936 2937 "Special Flood Hazard Area" means the land in the floodplain subiect to a one (1) 2938 percent or greater chance of being flooded in any given year as set forth in the 2939 Floodplain Ordinance (Appendix K). 2940 2941 "Stabilized" means land that has been treated to withstand normal exposure to 2942 natural forces without incurring erosion damage. 2943 2944 "State" means the Commonwealth of Virginia. 2945 2946 "State application" or "application" means the standard form or forms, including 2947 any additions, revisions, or modifications to the forms, approved by the administrator 2948 and the department for applying for a permit. 2949 2950 "State Board" means the State Water Control Board. 2951 2952 "State permit" means an approval to conduct a land-disturbinq activity issued by 2953 the State Board in the form of a state stormwater individual permit or coverage issued 2954 under a state general permit or an approval issued by the State Board for stormwater 2955 discharges from an MS4. Under these state permits, the Commonwealth imposes and 2956 enforces requirements pursuant to the federal Clean Water Act and regulations, the 2957 Virqinia Stormwater Management Act and the Regulations. 2958 2959 "State Water Control Law" means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 2960 of the Code of Virqinia. 2961 2962 "State waters" means all water, on the surface and under the ground, wholly or 2963 partially within or bordering the Commonwealth or within its jurisdiction, including 2964 wetlands. 2965 2966 "Storm sewer inlet" means a structure through which stormwater is introduced 2967 into an underground conveyance system. 2968 2969 "Stormwater," for the purposes of the VESMA, means precipitation that is 2970 discharged across the land surface or through conveyances to one or more waterways 2971 and that may include stormwater runoff, snow melt runoff, and surface runoff and 2972 drainage. 2973 2974 "Stormwater Appeals Board" is the appeal authority designated by City Council to 2975 hear appeals from any permit applicant or permittee, or person subject to Ordinance 2976 requirements, aggrieved by any action of the City taken in regard to the Ordinance. The 2977 Stormwater Appeals Board shall be appointed by City Council and shall consist of five 2978 (5) voting citizen members and two (2) alternates. The five (5) voting members and two 2979 (2) alternates shall include citizens from the City of Virginia Beach who will serve a term 2980 of three (3) years with a maximum of two (2) consecutive terms and three (3) of whom 2981 shall have professional or educational experience in civil engineering, land surveying, 2982 landscape architecture, environmental sciences, earth science, soil science, natural 2983 resources, chemistry, or other commensurate professional or educational background. 2984 The city attorney or his designee shall serve as legal counsel to the Stormwater 2985 Appeals Board and the departments of Public Works and Planning shall be staff to the 2986 Stormwater Appeals Board. 2987 2988 "Stormwater conveyance system" means a combination of drainage components 2989 that are used to convey stormwater discharge, either within or downstream of the land- 2990 disturbing activity. This includes: 2991 2992 1. "Manmade stormwater conveyance system" means a pipe, ditch, vegetated 2993 swale, or other stormwater conveyance system constructed by man except for 2994 restored stormwater conveyance systems; 2995 2. "Natural stormwater conveyance system" means the main channel of a natural 2996 stream and the flood-prone area adjacent to the main channel; or 2997 3. "Restored stormwater conveyance system" means a stormwater conveyance 2998 system that has been designed and constructed using natural channel design 2999 concepts. Restored stormwater conveyance systems include the main 3000 channel and the flood-prone area adjacent to the main channel. 3001 3002 "Stormwater detention" means the process of temporarily impounding runoff and 3003 discharging it through a hydraulic outlet structure to a downstream conveyance system. 3004 3005 "Stormwater discharge associated with construction activity" means a discharge 3006 of stormwater runoff from areas where land-disturbing activities (e.g., clearing, grading, 3007 or excavation); construction materials or equipment storage or maintenance (e.g., fill 3008 piles, borrow area, concrete truck washout, fueling); or other industrial stormwater 3009 directly related to the construction process (e.g., concrete or asphalt batch plants) are 3010 located. 3011 3012 "Stormwater management facility" means a control measure that controls 3013 stormwater runoff and changes the characteristics of that runoff including the quantity 3014 and quality, the period of release or the velocity of flow. 3015 3016 "Stormwater management plan" means a document containing material 3017 describing methods for complying with the requirements of the VESMP. 3018 3019 "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is 3020 prepared in accordance with good engineering practices and that identifies potential 3021 sources of pollutants that may reasonably be expected to affect the quality of 3022 stormwater discharges. A SWPPP required under the VESMP for construction 3023 activities shall identify and require the implementation of control measures and shall 3024 include or incorporate by reference an approved erosion and sediment control plan, an 3025 approved stormwater management plan, and a pollution prevention plan. 3026 3027 "Subdivision" means the same as the term is designated within section 1.4 of 3028 Subdivision Regulations Appendix B of the Code of the City of Virginia Beach. The term 3029 includes resubdivision and, when appropriate to the context, shall relate to the process 3030 of subdividing or to the land subdivided. 3031 3032 "Surface waters" means: 3033 3034 1. All waters that are currently used, were used in the past, or may be 3035 susceptible to use in interstate or foreign commerce, including all waters that 3036 are subject to the ebb and flow of the tide; 3037 2. All interstate waters, including interstate wetlands; 3038 3. All other waters such as intrastate lakes, rivers, streams (including intermittent 3039 streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, we 3040 meadows, playa lakes, or natural ponds the use, degradation, or destruction 3041 of which would affect or could affect interstate or foreign commerce including 3042 any such waters: 3043 3044 a. That are or could be used by interstate or foreign travelers for recreational 3045 or other purposes; 3046 b. From which fish or shellfish are or could be taken and sold in interstate or 3047 foreign commerce; or 3048 c. That are used or could be used for industrial purposes by industries in 3049 interstate commerce; 3050 3051 4. All impoundments of waters otherwise defined as surface waters under this 3052 definition; 3053 5. Tributaries of waters identified in subdivisions 1 through 4 of this definition; 3054 6. The territorial sea; and 3055 7. Wetlands adjacent to waters (other than waters that are themselves wetlands) 3056 identified in subdivisions 1 through 6 of this definition. 3057 3058 Waste treatment systems, including treatment ponds or lagoons designed to 3059 meet the requirements of the CWA and the law, are not surface waters. Surface waters 3060 do not include prior converted cropland. Notwithstanding the determination of an area's 3061 status as prior converted cropland by any other agency, for the purposes of the CWA, 3062 the final authority regarding the CWA jurisdiction remains with the EPA. 3063 3064 "SWM" means stormwater management. 3065 3066 "Temporary vehicular stream crossing" means a temporary nonerodible structural 3067 span installed across a flowing watercourse for use by construction traffic. Structures 3068 may include bridges, round pipes or pipe arches constructed on or through nonerodible 3069 material. 3070 3071 "Ten-year storm" means a storm that is capable of producing rainfall expected to 3072 be equaled or exceeded on the average of once in 10 years. It may also be expressed 3073 as an exceedance probability with a 10% chance of being equaled or exceeded in any 3074 given year. 3075 3076 "Total maximum daily load" or "TMDL" means the sum of the individual 3077 wasteload allocations for point sources, load allocations (LAs) for nonpoint sources, 3078 natural background loading, and a margin of safety. TMDLs can be expressed in terms 3079 of either mass per time, toxicity, or other appropriate measure. The TMDL process 3080 provides for point versus nonpoint source trade-offs. 3081 3082 "Two-year storm" means a storm that is capable of producing rainfall expected to 3083 be equaled or exceeded on the average of once in two years. It may also be expressed 3084 as an exceedance probability with a 50% chance of being equaled or exceeded in any 3085 given year. 3086 3087 "Virginia Erosion and Stormwater Management Act" or "VESMA" means Article 3088 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of 3089 the Code of Virginia. 3090 3091 "Virginia Erosion and Stormwater Management Program" or "VESMP" means a 3092 program established by the VESMP authority for the effective control of soil erosion 3093 and sediment deposition and the management of the quality and quantity of runoff 3094 resulting from land- disturbing activities to prevent the unreasonable degradation of 3095 properties, stream channels, waters, and other natural resources. The program shall 3096 include such items as local ordinances, rules, requirements for permits and land- 3097 disturbance approvals, policies and guidelines, technical materials, and requirements 3098 for plan review, inspection, and enforcement consistent with the requirements of the 3099 VESMA. 3100 3101 "Virginia Erosion and Stormwater Management Program authority" or "VESMP 3102 authority" means a locality approved by the department to operate the VESMP. 3103 3104 "Virginia Pollutant Discharge Elimination System (VPDES) permit" or "VPDES 3105 permit" means a document issued by the department pursuant to the State Water 3106 Control Law authorizing, under prescribed conditions, the potential or actual discharge 3107 of pollutants from a point source to surface waters. 3108 3109 "Virginia Stormwater BMP Clearinghouse" means a collection that contains 3110 detailed design standards and specifications for control measures that may be used in 3111 Virginia to comply with the requirements of the VESMA and associated regulations. 3112 3113 "Virginia Stormwater Management Handbook" means a collection of pertinent 3114 information that provides general guidance for compliance with the VESMA and 3115 associated regulations and is developed by the department with advice from a 3116 stakeholder advisory committee. 3117 3118 "Wasteload allocation" or "wasteload" means the portion of a receiving surface 3119 water's loading or assimilative capacity allocated to one of its existing or future point 3120 sources of pollution. Wasteload allocations are a type of water quality-based effluent 3121 limitation. 3122 3123 "Water quality technical criteria" means standards set forth in regulations adopted 3124 pursuant to the VESMA that establish minimum design criteria for measures to control 3125 n_onpoint source pollution. 3126 3127 "Water quantity technical criteria" means standards set forth in regulations 3128 adopted pursuant to the VESMA that establish minimum design criteria for measures to 3129 control localized flooding and stream channel erosion. 3130 3131 "Watershed" means a defined land area drained by a river or stream, karst 3132 system, or system of connecting rivers or streams such that all surface water within the 3133 area flows through a single outlet. In karst areas, the karst feature to which water 3134 drains may be considered the single outlet for the watershed. 3135 3136 "Wetlands" means those areas that are inundated or saturated by surface water 3137 or groundwater at a frequency and duration sufficient to support, and that under normal 3138 circumstances do support, a prevalence of vegetation typically adapted for life in 3139 saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and 3140 similar areas. 3141 3142 Sec. 2.1. Virginia Erosion and Stormwater Management Program Established 3143 3144 Pursuant to 62.1-44.15:27of the Code of Virginia, the City hereby establishes a 3145 Virginia Erosion and Stormwater Management Program for land-disturbing activities 3146 and adopts the Virginia Erosion and Stormwater Management Regulation that specify 3147 standards and specifications for VESMPs promulgated by the State Water Control 3148 Board for the purposes set out in Section 1.1 of this Ordinance. The City Council of 3149 the City of Virginia Beach hereby designates the City Manager, or his designees 3150 including the Directors of Planning, Public Works, and Public Utilities or their designees 3151 as the Administrators of the Virginia Erosion and Stormwater Management Program 3152 established by this Ordinance. 3153 3154 Section 2.2. Regulated Land Disturbing Activities 3155 3156 A. Land-disturbing activities that meet one of the criteria below are regulated as 3157 follows: 3158 3159 1. Land-disturbing activity that disturbs 2,500 square feet or more, is less than 3160 one acre, not in an area of a locality designated as a Chesapeake Bay 3161 Preservation Area, and not part of a common plan of development or sale, is 3162 subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V of 3163 the Virginia Erosion and Stormwater Management Regulation (Regulation). 3164 3165 2. Land-disturbing activity that disturbs 2,500 square feet or more, is less than 3166 one acre, and in an area of a locality designated as a Chesapeake Bay 3167 Preservation Area is subject to criteria defined in Article 2 (9VAC25-875-540 3168 et seg.) and Article 3 (9VAC25-875-570 et seq.) of Part V unless Article 4 3169 (9VAC25-875-670 et seq) of Part V of the Regulation is applicable, as 3170 determined in accordance with 9VAC25-875-480 and 9VAC25-875-490. A 3171 Chesapeake Bay Preservation Act Land-Disturbing Activity shall not be 3172 required to obtain a general Permit, but will be required to obtain a Land 3173 Disturbing Permit and be subject to an erosion and sediment control plan 3174 consistent with the requirements of the Article 2 (9VAC25-875-540 et seq.), a 3175 stormwater management plan as outlined under Article 1 (9VAC25-875-510 3176 et seq.), the technical criteria and administrative requirements for land- 3177 disturbing activities outlined in Article 3 (9VAC25-875-570) through Article 3 3178 (9VAC25-875-660)and Article 4 (9VAC25-875-680) through Article 4 3179 (9VAC25-875-730), the variance procedures of Article 3 (9VAC25-875-170) 3180 of Part II and the requirements for control measures and long-term 3181 maintenance outlined under Article 1 (9VAC25-875-535) of Part V. 3182 3183 3. Land-disturbing activity that disturbs less than one acre, but is part of a 3184 larger common plan of development or sale that disturbs one acre or more, 3185 is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) and Article 3186 3 (9VAC25-875- 570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et 3187 seg) of Part V of the Regulation is applicable, as determined in accordance 3188 with 9VAC25-875-480 and 9VAC25-875-490. Single-family residences 3189 separately built and disturbing less than one (1) acre and that are part of a 3190 larger common plan of development or sale, and not located in the 3191 Chesapeake Bay Preservation Area, shall operate in accordance with the 3192 general permit and required SWPPP, but shall not be required to complete a 3193 registration statement. 3194 3195 4. Land-disturbing activity that disturbs one acre or more is subiect to criteria 3196 defined in Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875- 3197 570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq.) of Part V is 3198 applicable, as determined in accordance with 9VAC25-875-480 and 3199 9VAC25-875-490. 3200 3201 B. Land-disturbing activities exempt per 9VAC25-875-90 are not required to comply 3202 with the requirements of the VESMA unless otherwise required by federal law. 3203 3204 Section 3.1. Review and Approval of Plans; Prohibitions. 3205 3206 A. The VESMP Administrator shall review and approve soil erosion control and 3207 stormwater management (ESM) plans, except for activities not required to 3208 comply with the requirements of the Virginia Erosion and Stormwater 3209 Management Act (VESMA). Activities not required to comply with VESMA are 3210 defined in 9VAC25-875-90. 3211 3212 B. A person shall not conduct any land-disturbing activity in the City until: 3213 3214 1. An application that includes a permit registration statement, if required, a soil 3215 erosion control and stormwater management plan or an executed agreement 3216 in lieu_of a plan, if required, has been submitted to the VESMP Administrator. 3217 3218 2. The name of the individual who will be assisting the owner in carrying out the 3219 activity and holds a Responsible Land Disturber certificate is submitted to the 3220 VESMP Administrator except that such certificate shall not be required 3221 where an agreement in lieu of a plan for construction of a single-family 3222 detached residential structure is provided; however, if a violation occurs 3223 during the land-disturbing activity for the single-family detached residential 3224 structure, then the owner shall correct the violation and provide the name of 3225 the individual holding a Responsible Land Disturber certificate. Failure to 3226 provide the name of an individual holding a Responsible Land Disturber 3227 certificate prior to engaging in land-disturbing activities may result in 3228 revocation of the land- disturbance approval and shall subject the owner to 3229 the penalties provided by this Ordinance; and 3230 3231 3. The VESMP Administrator issued its land-disturbance approval. In addition, 3232 as a prerequisite to engaging in an approved land-disturbing activity, the 3233 name of the individual who will be assisting the owner in carrying out the 3234 activity and holds a Responsible Land Disturber certificate shall be submitted 3235 to the VESMP Administrator may waive the Responsible Land Disturber 3236 certificate requirement for an agreement in lieu of a plan for construction of a 3237 single-family detached residential structure; however, if a violation occurs 3238 during the land-disturbing activity for the single-family detached residential 3239 structure, then the owner shall correct the violation and provide the name of 3240 the individual holding a Responsible Land Disturber certificate. Failure to 3241 provide the name of an individual holding a Responsible Land Disturber 3242 certificate prior to engaging in land-disturbing activities may result in 3243 revocation of the land-disturbance approval and shall subject the owner to 3244 the penalties provided by this Ordinance. 3245 3246 C. The VESMP Administrator may require changes to an approved ESM plan in the 3247 following cases: 3248 3249 1. Where inspection has revealed that the plan is inadequate to satisfy 3250 applicable regulations or ordinances; or 3251 2. Where the owner finds that because of changed circumstances or for other 3252 reasons the plan cannot be effectively carried out, and proposed 3253 amendments to the plan, consistent with the requirements of this Ordinance, 3254 are agreed to by the VESMP Administrator and the owner. 3255 3256 D. In order to prevent further erosion, the VESMP Administrator may require 3257 approval of an erosion and sediment control plan and a stormwater management 3258 plan for any land it identifies as an erosion impact area. 3259 3260 Prior to issuance of any land-disturbance approval, the VESMP Administrator 3261 may also require an applicant, excluding state agencies and federal entities, to 3262 submit a reasonable performance bond with surety, cash escrow, letter of credit, 3263 any combination thereof, or such other legal arrangement it finds acceptable, to 3264 ensure that it can take measures at the applicant's expense should he fail, after 3265 proper notice, within the time specified to comply with the conditions it imposes 3266 as a result of his land-disturbing activity. If the VESMP Administrator takes such 3267 action upon such failure by the applicant, it may collect from the applicant the 3268 difference should the amount of the reasonable cost of such action exceed the 3269 amount of the security held. Within sixty (60) days of the completion of the 3270 VESMP Administrators' conditions, such bond, cash escrow, letter of credit, or 3271 other legal arrangement, or the unexpended or unobligated portion thereof, shall 3272 be refunded to the applicant or terminated. 3273 3274 E. The City may enter into an agreement with an adjacent VESMP authority 3275 regarding the administration of multiiurisdictional projects, specifying who shall 3276 be responsible for all or part of the administrative procedures. Should adjacent 3277 VESMP authorities fail to reach such an agreement, each shall be responsible 3278 for administering the area of the multiiurisdictional project that lies within its 3279 jurisdiction. 3280 3281 F. No exception to, or waiver of, post-development nonpoint nutrient runoff 3282 compliance requirements shall be granted unless offsite options have been 3283 considered and found not available in accordance with subsection D of § 62.1- 3284 44.15:35 of the Code of Virqinia. 3285 3286 G. The City is authorized to cooperate and enter into agreements with any federal 3287 or state agency in connection with the requirements for land-disturbing activities 3288 in accordance with § 62.1-44.15:50 of the Code of Virginia. 3289 3290 Section 3.2. Review of a Soil Erosion Control and Stormwater Management 3291 Plan (ESM Plan). 3292 3293 The VESMP Administrator shall approve or disapprove an ESM plan according to 3294 the following: 3295 3296 1. The VESMP Administrator shall determine the completeness of any 3297 application within fifteen (15) days after receipt and shall act on any 3298 application within sixty (60) days after it has been determined by the 3299 appropriate VESMP authority to be complete. 3300 2. The VESMP Administrator shall issue either land-disturbance approval or 3301 denial and provide written rationale for any denial. 3302 3. Prior to issuing a land-disturbance approval, the VESMP Administrator shall 3303 be required to obtain evidence of permit coverage when such coverage is 3304 required. 3305 4. The VESMP Administrator also shall determine whether any resubmittal of a 3306 previously disapproved application is complete within fifteen (15) days after 3307 receipt and shall act on the resubmitted application within forty-five (45) days 3308 after receipt. 3309 3310 Section 3.3. Stormwater Permit Requirement; Exemptions. 3311 3312 A. Except as provided herein, no person may engage in any land-disturbing activity 3313 until land disturbance approval has been issued by the VESMP Administrator 3314 in accordance with the provisions of this ordinance and the Regulation. 3315 3316 B. Notwithstanding any other provisions of this ordinance, the following activities 3317 are not required to comply with the requirements of this ordinance unless 3318 otherwise required by federal law: 3319 3320 1. Minor land-disturbing activities, including home gardens and individual home 3321 landscaping, repairs, and maintenance work; 3322 2. Installation, maintenance, or repair of any individual service connection; 3323 3. Installation, maintenance, or repair of any underground utility line when such 3324 activity occurs on an existing hard surfaced road, street, or sidewalk, 3325 provided the land- disturbing activity is confined to the area of the road, 3326 street, or sidewalk that is hard surfaced; 3327 4. Installation, maintenance, or repair of any septic tank line or drainage field 3328 unless included in an overall plan for land-disturbing activity relating to 3329 construction of the building to be served by the septic tank system; 3330 5. Permitted surface or deep mining operations and projects, or oil and gas 3331 operations and projects conducted pursuant to Title 45.2 of the Code of 3332 Vim inia; 3333 6. Clearing of lands specifically for bona fide agricultural purposes; the 3334 management, tilling, planting, or harvesting of agricultural, horticultural, or 3335 forest crops: livestock feedlot operations; agricultural engineering operations, 3336 including construction of terraces, terrace outlets, check dams, desilting 3337 basins dikes, ponds, ditches, strip cropping, lister furrowing, contour 3338 cultivating, contour furrowing, land drainage, and land irrigation, or as 3339 additionally set forth by the Board in regulations. However, this exception 3340 shall not apply to harvesting of forest crops unless the area on which 3341 harvesting occurs is reforested artificially or naturally in accordance with the 3342 provisions of Chapter 11 (� 10.1-1100 et seq. of the Code of Virqinia) or is 3343 converted to bona fide agricultural or improved pasture use as described in 3344 subsection B of$ 10.1-1163 of the Code of Vir-ginia; 3345 7. Installation of fence and sign posts or telephone and electric poles and other 3346 kinds of posts or poles: 3347 8. Shoreline erosion control projects on tidal waters when all of the land- 3348 disturbing activities are within the regulatory authority of and approved by 3349 local wetlands boards, the Marine Resources Commission, or the United 3350 States Army Corps of Engineers, however, any associated land that is 3351 disturbed outside of this exempted area shall remain subject to the VESMA 3352 and the regulations adopted pursuant thereto; 3353 9. Repair or rebuilding of the tracks, rights-of-way, bridges, communication 3354 facilities, and other related structures and facilities of a railroad company; 3355 10.Land-disturbing activities in response to a public emergency where the 3356 related work requires immediate authorization to avoid imminent 3357 endangerment to human health or the environment. In such situations, the 3358 VESMP Administrator shall be advised of the disturbance within seven days 3359 of commencing the land-disturbing activity, and compliance with the 3360 administrative requirements of subsection A is required within 30 days of 3361 commencing the land-disturbing activity; and 3362 11.Discharges to a sanitary sewer or a combined sewer system; that are not 3363 from a land- disturbing activity. 3364 3365 C. Notwithstanding this ordinance and in accordance with the Virginia Erosion and 3366 Stormwater Management Act, Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3367 3.1 of Title 62.1 of the Code of Virginia, the following activities are required to 3368 comply with the soil erosion control requirements but are not required to comply 3369 with the water quantity and water quality technical criteria, unless otherwise 3370 required by federal law: 3371 3372 1. Activities under a state or federal reclamation program to return an 3373 abandoned property to an agricultural or open land use; 3374 2. Routine maintenance that is performed to maintain the original line and 3375 grade, hydraulic capacity, or original construction of the project. The paving 3376 of an existing road with a compacted or impervious surface and 3377 reestablishment of existing associated ditches and shoulders shall be 3378 deemed routine maintenance if performed in accordance with this 3379 subsection; and 3380 3. Discharges from a land-disturbing activity to a sanitary sewer or a combined 3381 sewer system. 3382 3383 Section 4.1. Stormwater Pollution Prevention Plan; Contents of Plans. 3384 (9VAC25-875-500) 3385 3386 A. The Stormwater Pollution Prevention Plan (SWPPP) is not required to be 3387 submitted for review and approval, however, it is a requirement of the VESMP 3388 and general permit and will be reviewed during inspections. Specific 3389 components of the SWPPP, as required by section 4-2 will be reviewed. 3390 3391 B. A stormwater pollution prevention plan shall include, but not be limited to, an 3392 approved erosion and sediment control plan, an approved stormwater 3393 management plan, a pollution prevention plan for regulated land-disturbing 3394 activities, and a description of any additional control measures necessary to 3395 address a TMDL pursuant to subsection E of this section. 3396 3397 C. A soil erosion control and stormwater management (ESM) plan consistent with 3398 the requirements of the Virginia Erosion and Stormwater Management Act 3399 (VESMA) and regulations must be designed and implemented during 3400 construction activities. Prior to land disturbance, this plan must be approved by 3401 the VESMP Administrator in accordance with the VESMA, this ordinance, and 3402 attendant regulations. 3403 3404 D. A pollution prevention plan that identifies potential sources of pollutants that may 3405 reasonably be expected to affect the quality of stormwater discharqes from the 3406 construction site and describe control measures that will be used to minimize 3407 pollutants in stormwater discharges from the construction site must be 3408 developed before land disturbance commences. 3409 3410 E. In addition to the requirements of subsections A through C of this section, if a 3411 specific wasteload allocation for a pollutant has been established in an approved 3412 TMDL and is assigned to stormwater discharges from a construction activity, 3413 additional control measures must be identified and implemented by the operator 3414 so that discharges are consistent with the assumptions and requirements of the 3415 wasteload allocation. 3416 3417 F. The stormwater pollution prevention plan must address the following 3418 requirements as specified in 40 CFR 450.21, to the extent otherwise required by 3419 state law or regulations and any applicable requirements of a state permit: 3420 3421 1. Control stormwater volume and velocity within the site to minimize soil 3422 erosion; 3423 2. Control stormwater discharges, including both peak flow rates and total 3424 stormwater volume, to minimize erosion at outlets and to minimize 3425 downstream channel and stream bank erosion; 3426 3. Minimize the amount of soil exposed during construction activity; 3427 4. Minimize the disturbance of steep slopes; 3428 5. Minimize sediment discharges from the site. The design, installation and 3429 maintenance of erosion and sediment controls must address factors such as 3430 the amount, frequency, intensity and duration of precipitation, the nature of 3431 resulting stormwater runoff, and soil characteristics, includinq the range of 3432 soil particle sizes expected to be present on the site; 3433 6. Provide and maintain natural buffers around surface waters, direct 3434 stormwater to vegetated areas to increase sediment removal and maximize 3435 stormwater infiltration, unless infeasible; 3436 7. Minimize soil compaction and, unless infeasible, preserve topsoil; 3437 8. Stabilization of disturbed areas must, at a minimum, be initiated immediately 3438 whenever any clearing, grading, excavating, or other earth disturbing 3439 activities have permanently ceased on any portion of the site, or temporarily 3440 ceased on any portion of the site and will not resume for a period exceeding 3441 fourteen (14) calendar days. Stabilization must be completed within a period 3442 of time determined by the VESMP authority. In arid, semiarid, and drought- 3443 stricken areas where initiating vegetative stabilization measures immediately 3444 is infeasible, alternative stabilization measures must be employed as 3445 specified by the VESMP authority; and 3446 9. Utilize outlet structures that withdraw water from the surface, unless 3447 infeasible, when discharging from basins and impoundments. 3448 3449 G. The SWPPP shall be amended whenever there is a change in design, 3450 construction, operation, or maintenance that has a significant effect on the 3451 discharge of pollutants to state waters and that has not been previously 3452 addressed in the SWPPP. The SWPPP must be maintained at a central location 3453 onsite. If an onsite location is unavailable, notice of the SWPPP's location must 3454 be posted near the main entrance at the construction site. Operators shall make 3455 the SWPPP available for public review in accordance with the general permit, 3456 either electronically or in hard copy. 3457 3458 Section 4.2. Stormwater Management Plan; Contents of Plan. (9vac25- 875- 3459 510 3460 3461 A. A stormwater management plan shall be developed and submitted to the 3462 VESMP administrator. The stormwater management plan shall be implemented 3463 as approved or modified by the VESMP administrator and shall be developed in 3464 accordance with the following: 3465 3466 1. A stormwater management plan for a land-disturbinq activity shall apply the 3467 stormwater management technical criteria set forth in this ordinance and 3468 Article 4 (9VAC25-875-670 et seg) of Part V of the Regulation to the entire 3469 land-disturbing activity. Individual lots in new residential, commercial, or 3470 industrial developments, including those developed under subsequent 3471 owners, shall not be considered separate land-disturbing activities. 3472 2. A stormwater management plan shall consider all sources of surface runoff 3473 and all sources of subsurface and groundwater flows converted to surface 3474 runoff. 3475 3476 B. A complete stormwater management plan shall include the following elements: 3477 3478 1. Information on the type of and location of stormwater discharges, information 3479 on the features to which stormwater is beinq discharged including surface 3480 waters or karst features if present, and predevelopment and post- 3481 development drainage areas; 3482 2. Contact information including the name, address, telephone number, and 3483 email address of the owner and the tax reference number and parcel number 3484 of the property or properties affected; 3485 3. A narrative that includes a description of current site conditions and final site 3486 conditions or if allowed by the VESMP Administrator, the information 3487 provided and documented during the review process that addresses the 3488 current and final site conditions; 3489 4. A general description of the proposed stormwater management facilities and 3490 the mechanism through which the facilities will be operated and maintained 3491 after construction is complete; 3492 5. Information on the proposed stormwater management facilities, including (i) 3493 detailed narrative on the conversion to a long-term stormwater management 3494 facility if the facility was used as a temporary ESC measure; (ii) the type of 3495 facilities; NO location, including geographic coordinates; (iv) acres treated; 3496 and (v) the surface waters or karst features into which the facility will 3497 discharge; 3498 6. Hydrologic and hydraulic computations, including runoff characteristics; 3499 7. Documentation and calculations verifying compliance with the water quality 3500 and quantity requirements of these regulations, 3501 8. A map of the site that depicts the topography of the site and includes: 3502 3503 i. All contributing drainage areas; 3504 ii. Existing streams, ponds, culverts, ditches, wetlands, other water 3505 bodies, and floodplains; 3506 iii. Soil types, geologic formations if karst features are present in the 3507 area, forest cover, and other vegetative areas; 3508 iv. Current land use including existing structures, roads, and 3509 locations of known utilities and easements; 3510 v. Sufficient information on adjoining parcels to assess the impacts of 3511 stormwater from the site on these parcels; 3512 vi. The limits of clearing and grading, and the proposed drainage 3513 patterns on the site; 3514 vii. Proposed buildings, roads, parking areas, utilities, and stormwater 3515 management facilities; and 3516 viii. Proposed land use with tabulation of the percentage of surface area 3517 to be adapted to various uses, including planned locations of utilities, 3518 roads, and easements: 3519 ix. All Chesapeake Bay Preservation Area designations of Resource 3520 Protection Areas, including variable width buffers; 3521 x. All Southern Rivers Watershed buffers and nontidal wetlands, 3522 pursuant to Appendix G of the Virginia Beach City Code; and 3523 xi. Any other information reasonably necessary for an evaluation of the 3524 development activity 3525 3526 9. If an operator intends to meet the requirements established in 9VAC25-875- 3527 540 or 9VAC25-875-600 through the use of off-site compliance options, 3528 where applicable, then a letter of availability from the off-site provider must 3529 be included; and that a Stormwater Management Facilities Maintenance 3530 Agreement acceptable to the City has been recorded and that all necessary 3531 easements are in place to access and utilize the Stormwater Management 3532 Facility. 3533 10.A maintenance agreement and adequate easements shall be executed and 3534 recorded to ensure responsibility for the maintenance of any stormwater 3535 management facilities constructed under the requirements of this ordinance, 3536 unless exempted from this requirement under section 5-3, and to ensure 3537 appropriate access to such facilities for maintenance, inspection and 3538 corrective action. 3539 11. If the VESMP Administrator requires payment of a fee with the stormwater 3540 management plan submission, the fee and the required fee form in 3541 accordance with Section 5-9 of this ordinance must have been submitted. 3542 3543 C. All final plan elements, specifications, or calculations of the stormwater 3544 management plans whose preparation requires a license under Chapter 4 (§ 3545 54.1-400 et seq.) or 22 (§ 54.1- 2200 et seq.) of Title 54.1 of the Code of 3546 Virginia shall be appropriately signed and sealed by a professional who is 3547 licensed to engage in practice in the Commonwealth of Virginia. Nothing in this 3548 subsection shall authorize any person to engage in practice outside his area of 3549 professional competence. 3550 3551 Section 4.3. Pollution Prevention Plan; Contents of Plans. (9VAC25-875- 520) 3552 3553 A. A plan for implementing pollution prevention measures during construction 3554 activities shall be developed, implemented, and updated as necessary. The 3555 pollution prevention plan shall detail the design, installation, implementation, and 3556 maintenance of effective pollution prevention measures as specified in 40 CFR 3557 450.21(d) to minimize the discharge of pollutants. At a minimum, such measures 3558 must be designed, installed, implemented, and maintained to: 3559 3560 1. Minimize the discharge of pollutants from equipment and vehicle washing, 3561 wheel wash water, and other wash waters. Wash waters must be treated in a 3562 sediment basin or alternative control that provides equivalent or better 3563 treatment prior to discharge; 3564 2. Minimize the exposure of building materials, building products, construction 3565 wastes, trash, landscape materials, fertilizers, pesticides, herbicides, 3566 detergents, sanitary waste, and other materials present on the site to 3567 precipitation and to stormwater; and 3568 3. Minimize the discharge of pollutants from spills and leaks and implement 3569 chemical spill and leak prevention and response procedures. 3570 3571 B. The pollution prevention plan shall include effective best management practices 3572 to prohibit the following discharges in accordance with 40 CFR 450.21(e): 3573 3574 1. Wastewater from washout of concrete, unless managed by an appropriate 3575 control; 3576 2. Wastewater from washout and cleanout of stucco, paint, form release oils, 3577 curing compounds, and other construction materials; 3578 3. Fuels oils or other pollutants used in vehicle and equipment operation and 3579 maintenance; and 3580 4. Soaps or solvents used in vehicle and equipment washing. 3581 3582 C. Discharges from dewatering activities, including discharges from dewatering of 3583 trenches and excavations, are prohibited unless managed by appropriate 3584 controls in accordance with 40 CFR 450.21(c). 3585 3586 Section 4.4. Erosion and Sediment Control Plan; Contents Of Plans 3587 (9VAC25-875-550). 3588 3589 A. An erosion and sediment control plan, which is a component of the ESM plan, 3590 shall be filed for a development and the buildings constructed within, regardless 3591 of the phasing of construction. The erosion and sediment control plan shall 3592 contain all major conservation decisions to ensure that the entire unit or units of 3593 land will be so treated to achieve the conservation objectives in 9VAC25-875- 3594 560. The erosion and sediment control plan may include: 3595 3596 1. Appropriate maps; 3597 2. An appropriate soil and water plan inventory and management information 3598 with needed interpretations: and 3599 3. A record of decisions contributing to conservation treatment. 3600 3601 B. The person responsible for carrying out the plan shall provide the name of an 3602 individual holding a certificate who will be in charge of and responsible for 3603 carrying out the land- disturbing activity to the VESMP Administrator. 3604 3605 C. If individual lots or sections in a residential development are being developed by 3606 different property owners, all land-disturbing activities related to the building 3607 construction shall be covered by an erosion and sediment control plan or an 3608 "Agreement in Lieu of a Plan" signed by the property owner. 3609 3610 D. Land-disturbing activity equal to or greater than 2,500 square feet on individual 3611 lots in a residential development shall not be considered exempt from the 3612 provisions of the VESMA. 3613 3614 Section 5.1. Technical Criteria for Regulated Land Disturbing Activities. 3615 3616 A. To protect the quality and quantity of state water from the potential harm of 3617 unmanaged stormwater runoff resulting from land-disturbing activities, the City 3618 hereby adopts the technical criteria for regulated land-disturbing activities set 3619 forth in Part V of 9VAC25-875 expressly to include 9VAC25-875-580 water 3620 quality design criteria requirements; 9VAC25-875-590 water quality 3621 compliance; 9VAC25-875-600 water quantity; 9VAC25-875-610 offsite 3622 compliance options; 9VAC25-875-620 design storms and hydrologic methods; 3623 9VAC25-875-630 stormwater harvesting; 9VAC25-875-640 linear development 3624 protect; and, 9VAC25-875-650 stormwater management impoundment structures 3625 or facilities, which shall apply to all land-disturbing activities regulated pursuant 3626 to this ordinance except as expressly set forth in Subsection B through E of this 3627 Section. 3628 3629 B. The Public Works Design Standards Manual (PWDSM), including all future 3630 amendments thereto is hereby adopted and incorporated by reference into this 3631 Ordinance. 3632 3633 C. Design and check storms. In addition to satisfying the criteria of this section, 3634 concentrated stormwater flow shall be released into a stormwater conveyance 3635 system and shall meet all applicable criteria as outlined in the PWDSM. When a 3636 land disturbance projects that increases the impervious area by more than twenty 3637 thousand (20,000) square feet the following shall be met: 3638 3639 1. Use EPA SWMM or value enhanced SWMM programs that can directly 3640 exchange input data with EPA SWMM for hydraulic calculations; and, 3641 2. Performance upstream and downstream drainage analyses to demonstrate 3642 adequacy of the downstream system. 3643 3644 D. Design storms and hydrologic methods 3645 3646 1. Unless otherwise specified, the prescribed design storms are one hundred 3647 twenty (120) percent of the one-year, two-year, ten-year, twenty-five-year, 3648 fifty-year and one hundred-year twenty-four-hour storms using the rainfall 3649 precipitation frequency data recommended by the U.S. National Oceanic and 3650 Atmospheric Administration (NOAA) Atlas 14, Volume 2 Version 3.0. Partial 3651 duration time series, as adjusted by the City of Virginia Beach Public Works 3652 Design Standards Manual, shall be used for the precipitation data. 3653 2. Unless otherwise specified, all hydrologic analyses shall be based on the 3654 existing watershed characteristics and how the ultimate development 3655 condition of the subject project will be addressed. 3656 3. The U.S. Department of Agriculture's Natural Resources Conservation 3657 Service (NRCS) synthetic twenty-four-hour rainfall distribution and models, 3658 including, but not limited to TR-55 and TR-20; hydrologic and hydraulic 3659 methods developed by the U.S. Army Corps of Engineers; or other standard 3660 hydrologic and hydraulic methods, shall be used to conduct the analyses 3661 described in this part. Predeveloped vs. post-developed runoff comparisons 3662 shall be performed using the same method of analysis. 3663 4. When total proposed (increased) impervious area is greater than twenty 3664 thousand (20,000) square feet of new impervious area, the hydrologic 3665 methods in the PWDSM shall apply in lieu of subsection C. above. Project 3666 shall use EPA SWMM or value exchanged SWMM programs that can directly 3667 exchange input data with EPA SWMM for hydrologic and hydraulic calculation 3668 E. The entire drainage area must be considered when determining the design 3669 storm and hydrologic methods. This includes both onsite and offsite 3670 contributing drainage areas. For drainage areas less than three hundred 3671 (300) acres, a ten-year, twenty-four-hour design storm event for capacity 3672 design shall be used; for drainage areas equal to or greater than three 3673 hundred (300) acres, but less than five hundred (500) acres, a twenty-five- 3674 year, twenty-four-hour design storm event shall be used; for drainage areas 3675 equal to or greater than five hundred (500) acres, a fifty-year, twenty-four- 3676 hour desiqn storm event shall be used. 3677 3678 E. With regard to water quality compliance calculations the City's Stormwater 3679 Drainage Basin boundary shall be used in lieu of the HUC boundaries for 3680 pollutant load reduction calculations except in the Lower Southern Rivers 3681 drainage basin where HUCs have been combined. 3682 3683 F. Any land-disturbing activity shall be considered grandfathered and shall be 3684 subject to Article 4 (9VAC25-875-670 et seq) of Part V of the Regulation 3685 provided: 3686 3687 1. A proffered or conditional zoning plan, zoning with a plan of development, 3688 preliminary or final subdivision plat, preliminary or final site plan, or any 3689 document determined by the City to be equivalent thereto (i) was approved by 3690 the City prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-875- 3691 670, NO will comply with the technical criteria of Article 4 of Part V of 3692 9VAC25-875, and (iv) has not been subsequently modified or amended in a 3693 manner resulting in an increase in the amount of phosphorus leaving each 3694 point of discharge, and such that there is no increase in the volume or rate of 3695 runoff; 3696 2. A permit has not been issued prior to July 1, 2014; and 3697 3. Land disturbance did not commence prior to July 1, 2014. 3698 3699 G. Locality, state, and federal projects shall be considered grandfathered by the City 3700 and shall be subject to the technical criteria of Article 4 of Part V of 9VAC25- 875 3701 provided: 3702 3703 1. There has been an obligation of locality, state, or federal funding, in whole or 3704 in part, prior to July 1, 2012, or the department has approved a stormwater 3705 management plan prior to July 1, 2012; 3706 2. A permit has not been issued prior to July 1, 2014; and 3707 3. Land disturbance did not commence prior to July 1, 2014. 3708 3709 H. Land disturbing activities grandfathered under subsections A and B of this section 3710 shall remain subject to the technical criteria of Article 4 of Part V of 9VAC25-875- 3711 490 et seq for one additional permit cycle. After such time, portions of the project 3712 not under construction shall become subject to any new technical criteria 3713 adopted by the board. 3714 3715 I. In cases where governmental bonding or public debt financing has been issued 3716 for a project prior to July 1, 2012, such proiect shall be subject to the technical 3717 criteria of Article 4 of Part V of 9VAC25-875-490 et seq. 3718 3719 J. Nothing in this section shall preclude an operator from constructing to a more 3720 stringent standard at its discretion. 3721 3722 Section 5.2. Variances. 3723 3724 A. The Administrator may grant variances to the technical requirements of Section 3725 5.1 in accordance with 9VAC25-875-170 excluding Section 5.1 C and D, 3726 provided that: 3727 3728 1. The variance will not substantially increase the flow rate of stormwater 3729 runoff; 3730 2. The variance will not have an adverse impact on a wetland, channel, water 3731 body or upstream or downstream of a receiving body of water; 3732 3. The variance will not contribute to the degradation of water quality: 3733 4. The variance will not be of substantial detriment to adjacent property or 3734 adversely affect the character of adjoining neighborhoods. 3735 3736 Section 5.3. Long-Term Maintenance of Permanent Stormwater Facilities. 3737 3738 A. The operator shall submit an as-built survey drawing for permanent stormwater 3739 management facilities to the VESMP Administrator in accordance with 9VAC25- 3740 875-535. The as-built survey drawing shall contain a statement signed by a 3741 professional registered in the Commonwealth of Virginia pursuant to Chapter 4 3742 of Title 54.1 of the Code of Virginia, stating that to the best of their knowledge, 3743 the construction record drawing shows all adjustments and revisions to the 3744 Stormwater Management Plan made during construction and serve as a 3745 permanent record of the actual location of all constructed elements. 3746 3747 B. The VESMP Administrator shall require the provision of long-term responsibility 3748 for maintenance of stormwater management facilities and other techniques 3749 specified to manage the quality and quantity of runoff. Such requirements shall 3750 be set forth in a Stormwater Management Facilities Maintenance Agreement 3751 recorded in the local land records of the Virginia Beach Circuit Court, prior to 3752 issuance of a VESMP permit and shall: 3753 3754 1. Be submitted to the VESMP Administrator for review and approval prior to the 3755 approval of the stormwater management plan and the VESMP permit; 3756 2. Be stated to run with the land; 3757 3. Provide for all necessary access to the property for purposes of 3758 maintenance and regulatory inspections; 3759 4. Provide for inspections and maintenance and the submission of inspection 3760 and maintenance reports to the VESMP Administrator; and 3761 5. Be enforceable by all appropriate governmental parties. 3762 6. Be approved for legal sufficiency by the City Attorney. 3763 3764 C. A recorded instrument is not required for stormwater management facilities 3765 designed to treat stormwater runoff primarily from an individual residential lot on 3766 which they are located. An agreement in lieu of plan shall be entered into that 3767 provides an enforceable mechanism to ensure future maintenance of such 3768 facilities. 3769 3770 D. The VESMP Administrator has developed a strategy for addressing 3771 maintenance of stormwater management facilities designed to treat stormwater 3772 runoff primarily from an individual residential lot on which they are located. Such 3773 a strategy may include periodic homeowner inspections, homeowner outreach 3774 and education, or other method targeted at promoting the long-term 3775 maintenance of such facilities. Such facilities shall not be subiect to the 3776 requirement for an inspection to be conducted by the Administrator. 3777 3778 Section 5.4. Monitoring and Inspections. 3779 3780 A. The VESMP Administrator shall inspect the land-disturbing activity during 3781 construction for: 3782 3783 1. Compliance with the approved erosion and sediment control plan; 3784 2. Compliance with the approved stormwater management plan; 3785 3. Development, updating, and implementation of a pollution prevention plan; 3786 and Development and implementation of any additional control measures 3787 necessary to address a TMDL. 3788 3789 B. The VESMP Administratorl shall conduct periodic inspections on all projects 3790 during construction. The VESMP Administrator shall either: 3791 3792 1. Provide for an inspection during or immediately following initial installation of 3793 erosion and sediment controls, at least once in every two-week period, within 3794 48 hours followinq any runoff producing storm event, and at the completion 3795 of the project prior to the release of any performance bonds: or 3796 2. Establish an alternative inspection program which ensures compliance with 3797 the approved erosion and sediment control plan. Any alternative inspection 3798 program shall be: 3799 3800 i. Approved by the department prior to implementation; 3801 ii. Established in writing; 3802 iii. Based on a system of priorities that, at a minimum, address 3803 the amount of disturbed project area, site conditions and 3804 stage of construction; and 3805 iv. Documented by inspection records. 3806 3807 C. The VESMP Administrator shall establish an inspection program that ensures 3808 that permanent stormwater management facilities are being adequately 3809 maintained as designed after completion of land-disturbing activities. Inspection 3810 programs shall: 3811 3812 1. Be approved by the department; 3813 2. Ensure that each stormwater management facility is inspected by the 3814 VESMP Administrator, or its designee, not to include the owner, except as 3815 provided in subsections D and E of this section, at least once every five 3816 years; and 3817 3. Be documented by records. 3818 3819 D. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the City may require every 3820 VESMP permit applicant or permittee, or any such person subject to VESMP 3821 authority permit requirements under this Ordinance, to furnish when requested 3822 such application materials, plans, specifications, and other pertinent information 3823 as may be necessary to determine the effect of his discharge on the quality of 3824 state waters, or such other information as may be necessary to accomplish the 3825 purposes of this Ordinance. 3826 3827 Section 5.5. Hearings. 3828 3829 A. Any permit applicant or permittee, or person subject to Ordinance requirements, 3830 aggrieved by any action of the City taken in regard to the Ordinance without a 3831 formal hearing, may demand in writing a formal hearing by the Stormwater 3832 Appeals Board, who is designated by the City Council as its appeals body, 3833 provided application requesting such hearing is filed with the VESMP 3834 Administrator within thirty (30) days after notice of such action is given by the 3835 Administrator. 3836 3837 B. The hearings held under this Section shall be conducted by the Stormwater 3838 Appeals Board at any time and place authorized by the Stormwater Appeals 3839 Board but should be scheduled within sixty (60) days of the notice of appeal. 3840 3841 C. A verbatim record of the proceedings of such hearings shall be taken and filed 3842 with the Stormwater Appeals Board. Depositions may be taken and read as in 3843 actions at law. 3844 3845 D. The Stormwater Appeals Board shall have power to issue subpoenas and 3846 subpoenas duces tecum, and at the request of any party shall issue such 3847 subpoenas. The failure of a witness without legal excuse to appear or to testify 3848 or to produce documents shall be acted upon by the local governing body, or its 3849 designated member, whose action may include the procurement of an order of 3850 enforcement from the circuit court. Witnesses who are subpoenaed shall receive 3851 the same fees and reimbursement for mileage as in civil actions. 3852 3853 Section 5.6. Appeals. 3854 3855 A. The standard of appeal shall be as listed in section 5.2, Variances, of this 3856 Ordinance. The Board's authority is to hear appeals and determine if the 3857 VESMP Administrator's decisions and variances regarding interpretation and 3858 implementation of this ordinance are valid. The Board should examine the 3859 evidence presented to the department of any additional evidence that is 3860 relevant. 3861 3862 B. The time limitations above shall not commence until the application is complete, 3863 including a fee of five hundred dollars ($500.00), and all documentation. 3864 3865 C. Within thirty (30) days of the decision of the Stormwater Appeals Board a 3866 decision entered pursuant to section 5.2 may be appealed to the Circuit Court of 3867 the City of Virginia Beach. The petition for appeal shall be filed in writing within 3868 thirty (30) days of the date of the decision, determination, or action, shall clearly 3869 state the grounds on which the appeal is based. 3870 3871 Section 5.7. Right of Entry. 3872 3873 A. The VESMP Administrator may, at reasonable times and under reasonable 3874 circumstances, enter any establishment or upon any property, public or private, 3875 for the purpose of obtaining information or conducting surveys or investigations 3876 necessary in the enforcement of the provisions of this ordinance if such property 3877 is subject to a Stormwater Managements Facility Maintenance Agreement or 3878 Agreement in Lieu. 3879 3880 B. In accordance with a performance bond with surety, cash escrow, letter of 3881 credit, any combination thereof, or such other legal arrangement, The VESMP 3882 Administrator may also enter any establishment or upon any property, public or 3883 private, for the purpose of initiating or maintaining appropriate actions that are 3884 required by conditions imposed by the City on a land-disturbing activity when an 3885 owner, after proper notice, has failed to take acceptable action within the time 3886 specified. 3887 3888 Section 5.8. Enforcement. 3889 3890 A. If the VESMP Administrator determines that there is a failure to comply with the 3891 City permit conditions or determines there is an unauthorized discharge, notice 3892 shall be served upon the permittee or person responsible for carrying out the 3893 permit conditions by any of the following: verbal warnings and inspection 3894 reports, notices of corrective action, consent special orders, and notices to 3895 comply. Written notices shall be served by registered or certified mail to the 3896 address specified in the permit application or by delivery at the site of the 3897 development activities to the agent or employee supervising such activities. 3898 3899 1. The notice shall specify the measures needed to comply with the permit 3900 conditions and shall specify the time within which such measures shall be 3901 completed. Upon failure to comply within the time specified, a stop work 3902 order may be issued in accordance with Subsection 2 or the permit may be 3903 revoked by the Administrator. 3904 2. If a permittee fails to comply with a notice issued in accordance with this 3905 Section within the time specified, the VESMP Administrator may issue an 3906 order requiring the owner, permittee, person responsible for carrying out an 3907 approved plan, or the person conducting the land-disturbing activities without 3908 an approved plan or required permit to cease all land-disturbing activities 3909 until the violation of the permit has ceased, or an approved plan and required 3910 permits are obtained, and specified corrective measures have been 3911 completed. 3912 3913 Such orders shall be issued in accordance with the provisions of this 3914 Ordinance, State law and regulations. Such orders shall become effective 3915 upon service on the person by certified mail, return receipt requested, sent to 3916 his address specified in the land records of the locality, or by personal 3917 delivery by an agent of the Administrator. However, if the VESMP 3918 Administrator finds that any such violation is grossly affecting or presents an 3919 imminent and substantial danger of causing harmful erosion of lands or 3920 sediment deposition in waters within the watersheds of the Commonwealth 3921 or otherwise substantially impacting water quality, it may issue, without 3922 advance notice or hearing, an emergency order directing such person to 3923 cease immediately all land- disturbing activities on the site and shall provide 3924 an opportunity for a hearing, after reasonable notice as to the time and place 3925 thereof, to such person, to affirm, modify, amend, or cancel such emergency 3926 order. If a person who has been issued an order is not complying with the 3927 terms thereof, the VESMP Administrator may institute a proceeding for an 3928 injunction, mandamus, or other appropriate remedy in accordance with 3929 Subsection 5.8.C. 3930 3931 B. In addition to any other remedy provided by this Ordinance, if the VESMP 3932 Administrator or his designee determines that there is a failure to comply with 3933 the provisions of this Ordinance, they may initiate such informal and/or formal 3934 administrative enforcement procedures in a manner that is consistent with the 3935 provisions of this Ordinance, State law and regulations. 3936 3937 C. Any person violating or failing, neglecting, or refusing to obey any rule, 3938 regulation, ordinance, order, approved standard or specification, or any permit 3939 condition issued by the VESMP Administrator may be compelled in a 3940 proceedinq instituted in the Virginia Beach Circuit Court by the City to obey 3941 same and to comply therewith by injunction, mandamus or other appropriate 3942 remedy. 3943 3944 D. Any person violating or failing, neglecting, or refusing to obey any rule, 3945 regulation, ordinance, order, approved standard or specification, or any permit 3946 condition issued by the VESMP Administrator shall be subject to a civil penalty, 3947 ordered by the Circuit Court, not to exceed thirty-two thousand five hundred 3948 dollars ($32,500.00) for each violation within the discretion of the court. Each 3949 day of violation of each requirement shall constitute a separate offense. 3950 3951 1. Violations for which a penalty may be imposed under this Subsection shall 3952 include but not be limited to the following: 3953 3954 i. No state permit registration; 3955 ii. No SWPPP; 3956 iii. Incomplete SWPPP; 3957 iv. SWPPP not available for review; 3958 v. No approved erosion and sediment control plan; 3959 vi. Failure to install stormwater BMPs or erosion and sediment controls; 3960 vii. Stormwater BMPs or erosion and sediment controls improperly 3961 installed or maintained; 3962 viii. Operational deficiencies; 3963 ix. Failure to conduct required inspections; 3964 x. Incomplete, improper, or missed inspections; and 3965 xi. Discharges not in compliance with the requirements of 9VAC25-880-70. 3966 3967 2. The City may issue a summons for collection of the civil penalty and the 3968 action may be prosecuted in the appropriate court. 3969 3. In imposing a civil penalty pursuant to this Subsection, the court may 3970 consider the degree of harm caused by the violation and also the economic 3971 benefit to the violator from noncompliance. 3972 4. Any civil penalties assessed by a court as a result of a summons issued by 3973 the City shall be paid into the treasury of the City to be used for the purpose 3974 of minimizing, preventing, managing, or mitigating pollution of the waters of 3975 the locality and abating environmental pollution therein in such manner as the 3976 court may, by order, direct. 3977 3978 E. Notwithstanding any other civil or equitable remedy provided by this ordinance 3979 or by law, any person who willfully or negligently violates any provision of this 3980 ordinance, any order of the Administrator, any condition of a permit, or any order 3981 of a court shall, be guilty of a misdemeanor punishable by confinement in *ail for 3982 not more than twelve (12) months or a fine of not less than two thousand five 3983 hundred dollars ($2,500), or both. 3984 3985 Section 5.9. Fees. 3986 3987 A. In instances when an erosion and sediment control only plan is submitted, a 3988 plan review fee in the amount of one hundred dollars ($100.00) shall be 3989 required. 3990 3991 B. The City of Virginia Beach Land Disturbing Activity and Stormwater permit 3992 requires both permit and inspection fees. This includes a permit fee in the 3993 amount of seventy-five dollars ($75.00) and inspection fee in the amount of one 3994 and five-tenths (1.5) percent of the total cost of construction as provided in the 3995 engineer's cost estimate for the stormwater management system, with a fifty- 3996 dollar ($50.00) minimum. Such fees shall be submitted to the Director of 3997 Planning or his designee and made payable to the treasurer of the City of 3998 _Virginia Beach. 3999 4000 C. Fees to cover costs associated with implementation of a VESMP related to land 4001 disturbing activities and issuance of general permit coverage and VESMP 4002 authority permits shall be imposed in accordance with Table 1 . When a site or 4003 sites has been purchased for development within a previously permitted 4004 common plan of development or sale. the applicant shall be subject to fees 4005 ("total fee to be paid by applicant" column) in accordance with the disturbed 4006 acreage of their site or sites according to Table 1 . 4007 4008 Table 1 : Fees for Stormwater Plan Review and Construction General Permit 4009 City Fee paid Fee type Stormwater directly to the Plan Review Department Fee Chesapeake Bay Preservation Act Land-Disturbing Single Family: Activity (not subject to General Permit coverage; sites $00 within designated areas of Chesapeake Bay Act Duplex: $205 $00 localities with land-disturbance acreage equal to or All Others: greater than 2,500 square feet and less than 1 acre) 600 General / Stormwater Management - Small Single Family: Construction Activity/Land Clearing (Areas within $0 common plans of development or sale with land Duplex: $205 Lo disturbance acreage less than 1 acre.) All Others: 600 General / Stormwater Management - Small Single Family: Construction Activity/Land Clearing (Sites or areas $0 Single Family: within common plans of development or sale with land Duplex: $205 $0 disturbance acreage equal to or greater than 1 acre All Others: All Others: $756 and less than 5 Acres) al,944 General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with $2,448 952 land disturbance acreage equal to or greater than 5 acres and less than 10 acres) General / Stormwater Management — Large Construction Activity/Land Clearing [Sites or areas within common plans of development or sale with $3,240 $1,260 land disturbance acreage equal to or greater than 10 acres and less than 50 acres] General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with $4,392 $1,708 land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with $6,912 $2,688 land disturbance acreage equal to or greater than 100 acres 4010 4011 If the protect is completely administered by the department such as may be the 4012 case for a state or federal project or projects covered by individual permits, the 4013 entire applicant fee shall be paid to the department. 4014 4015 D. Fees for the modification or transfer of registration statements from the general 4016 permit issued by the department shall be imposed in accordance with Table 2. If 4017 the general permit modifications result in changes to stormwater management 4018 plans that require additional review by the City such reviews shall be subject to 4019 the fees set out in Table 2. The fee assessed shall be based on the total disturbed 4020 acreage of the site. In addition to the general permit modification fee, 4021 modifications resultinq in an increase in total disturbed acreage shall pay the 4022 difference in the initial permit fee paid and the permit fee that would have applied 4023 for the total disturbed acreage in Table 1 . 4024 4025 Table 2: Fees for the modification or transfer of registration statements for 4026 the General Permit for Discharges of Stormwater from Construction 4027 Activities 4028 Type of Permit Fee Amount General / Stormwater Management — Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land 20 disturbance acreage less than 1 acre) General / Stormwater Management — Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 and less than 200 5 acres General / Stormwater Management — Large Construction Activity/Land Clearing Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and 250 less than 10 acres) General / Stormwater Management — Large Construction Activity/Land Clearing Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and 300 less than 50 acres) General / Stormwater Management — Large Construction Activity/Land Clearing Sites or areas within common plans of development or sale 450 with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale 700 with land disturbance acreage equal to or greater than 100 acres) 4029 4030 E. The following annual permit maintenance shall be imposed in accordance with 4031 Table 3, including fees imposed on expired permits that have been 4032 administratively continued. With respect to the general permit these fees shall 4033 apply until the permit coverage is terminated. 4034 4035 Table 3: Permit Maintenance Fees Type of Permit Fee Amount Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to General Permit coverage; sites within designated areas of Chesapeake Bay Act localities with land- disturbance acreage equal to or greater than 2,500 square fee and less than 1 acre) General / Stormwater Management — Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land disturbance acreage less than 1 50 acre General / Stormwater Management — Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance equal to or 400 greater than 1 acre and less than 5 acres) General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal 500 to or greater than 5 acres and less than 10 acres) General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to 650 or greater than 10 acres and less than 50 acres) General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to 900 or greater than 50 acres and less than 100 acres) General / Stormwater Management — Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to $1,400 or greater 100 acres) 4036 4037 General permit coverage maintenance fees shall be paid annually to the City, by the 4038 anniversary date of general permit coverage. No permit will be reissued or 4039 automatically continued without payment of the required fee. General permit coverage 4040 maintenance fees shall be applied until a Notice of Termination is effective. 4041 4042 F. The fees set forth in Subsections A through C of this section shall apply to: 4043 4044 1. All persons seeking coverage under the general permit. 4045 2. All permittees who request modifications to or transfers of their existing 4046 registration statement for coverage under a general permit. 4047 3. Persons whose coverage under the general permit has been revoked 4048 shall apply to the department for an Individual Permit for Discharges of 4049 Stormwater from Construction Activities. 4050 4051 G. Permit and permit coverage maintenance fees outlined under Section 5.9 may 4052 apply to each general permit holder. 4053 4054 H. No general permit application fees will be assessed to: 4055 4056 1. Permittees who request minor modifications to general permits as defined in 4057 Section 1.2 of this ordinance. Permit modifications at the request of the 4058 permittee resulting in changes to stormwater management plans that require 4059 additional review by the VESMP Administrator shall not be exempt pursuant 4060 to this Section. 4061 2. Permittees whose general permits are modified or amended at the initiative 4062 of the department, excluding errors in the registration statement identified by 4063 the VESMP Administrator or errors related to the acreage of the site. 4064 4065 I. All incomplete payments will be deemed as non-payments, and the applicant 4066 shall be notified of any incomplete payments. Interest may be charged for late 4067 payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia 4068 and is calculated on a monthly basis at the applicable periodic rate. A ten (10) 4069 percent late payment fee shall be charged to any delinquent (over ninety (90) 4070 days past due) account. The City shall be entitled to all remedies available under 4071 the Code of Virginia in collecting any past due amount. 4072 4073 Section 5.10. Performance Bond (4VAC50-60-104.D and Code §603.8(A)) 4074 4075 A. Prior to issuance of any permit, the applicant shall be required to submit a 4076 reasonable performance bond with surety, cash escrow, letter of credit, any 4077 combination thereof, or such other legal arrangement acceptable to the City 4078 Attorney, to ensure that measures could be taken by the City at the 4079 applicant's expense should he fail, after proper notice, within the time specified to 4080 initiate or maintain appropriate actions which may be required of him by the 4081 permit conditions as a result of his land disturbing activity. If the City takes such 4082 action upon such failure by the applicant, the City may collect from the applicant 4083 for the difference should the amount of the reasonable cost of such action 4084 exceed the amount of the security held, if any. Within sixty (60) days of the 4085 completion of the requirements of the permit conditions such bond, cash escrow, 4086 letter of credit or other legal arrangement, or the unexpended or unobligated 4087 portion thereof. shall be refunded to the applicant or terminated. 4088 4089 B. Prior to the issuance of any certificate of occupancy as required in Chapter 8 of 4090 these Ordinances, or the final release of any permit authorizing a land-disturbing 4091 activity, all disturbed or denuded areas shall be stabilized in accordance with the 4092 Virginia Erosion and Stormwater Management Regulations by such methods as, 4093 but not limited to, temporary seeding, permanent seeding, sodding or soil 4094 stabilization blankets and matting. A temporary certificate of occupancy may be 4095 issued without the required soil stabilization if the failure to stabilize is due to 4096 circumstances beyond the control of the permit holder. 4097 4098 Section 5.11. Severability 4099 4100 Each separate provision of this Ordinance is deemed independent of all other 4101 provisions herein so that if any provision or provisions of this Ordinance be declared 4102 invalid, all other provisions thereof shall remain valid and enforceable. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO CONTENT- APPROVED AS TO CONTENT Planning Department Department of Public Works APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Department of Public Uti ties Ci ttorney's Office CA16531 R-3 September 11, 2024 y�] ] 4 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Economic Development Investment Program ("EDIP") Policy and Procedure MEETING DATE: September 17, 2024 ■ Background: The City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, and supplemented by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia, 1950, as amended (the "Act"). One of the primary purposes of the Act is "to promote industry and develop trade by inducing manufacturing, industrial, governmental, nonprofit and commercial enterprises and institutions of higher education to locate in or remain in the Commonwealth...." (§15.2- 4901) The City of Virginia Beach (the "City") established the Economic Development Investment Program ("EDIP") in FY 1993-94, and has provided appropriations to the Authority to facilitate the purpose of the Act and the goals and objectives of the Authority and the City. On January 25, 1994, the City and the Authority approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of EDIP funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established. On March 21, 2006 and March 28, 2006, the Authority and City Council approved amendments to the EDIP Policy to further the City's goals to convert certain property in APZ-1 and Clear Zones to uses that conform to the APZ-1 Ordinance (the "APZ-1 Amendments"). On September 21, 2010 and September 28, 2010, the Authority and City Council approved additional amendments to the EDIP Policy to allow for reimbursement of additional expenses, greater incentives for additional job creation or retention and a clarification of the APZ-1 Amendments that would further the goals of the Authority. On January 15, 2019 and March 19, 2019, the Authority and City Council approved additional amendments to the EDIP Policy to, among other things, clarify definitions, qualification, reporting requirements and the process for making and paying awards. On April 28, 2020 and May 12, 2020, City Council and the Authority approved the addition of Part E to the EDIP Policy to temporarily allow the Authority to make emergency assistance grants to small businesses impacted by the COVID-19 Pandemic for the duration of the declared local emergency. On February 20, 2024, subject to City Council approval, the Authority approved further amendments to the EDIP Policy to (i) more closely align with the policy governing the implementation of the Commonwealth Opportunity Fund, (ii) adjust the thresholds for awards based on job creation or retention, (iii) clarify the required documentation for the disbursement of awards, and (iv) remove Part E from the EDIP Policy as the local emergency justifying its inclusion has ended and all awards made under Part E have been fully administered. On June 18, 2024, subject to City Council approval, the Authority approved the addition of Part F to the EDIP Policy to allow the Authority to make grants of up to $10,000 each to qualifying small, women-owned, minority-owned, veteran-owned and service-disabled veteran-owned businesses. ■ Considerations: Based on staff recommendations, the Authority finds that the proposed February 20, 2024 and June 18, 2024 amendments to the EDIP Policy as described herein would further the goals of the Authority. ■ Public Information: Advertisement of City Council agenda. ■ Alternatives: Approve the proposed amendments, deny the proposed amendments, or recommend additional changes to the EDIP Policy. ■ Recommendations: Approval. ■ Attachments: Ordinance w/ Exhibit A (comparison version of existing and new policy) and Exhibit B (clean version of new policy) Recommended Action: Approval Submitting DepartmenVAgency: Economic Development t City Manager: ' ' 1 ORDINANCE TO AMEND THE ECONOMIC 2 DEVELOPMENT INVESTMENT PROGRAM 3 ("EDIP") POLICY AND PROCEDURE 4 5 WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach 6 (the "City Council") and the City of Virginia Beach Development Authority (the 7 "Authority") approved the Economic Development Investment Program Policy and s Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development 9 Investment Program ("EDIP") funds is made in the public interest and is in furtherance to of the purposes for which the EDIP was established; 11 12 WHEREAS, on March 21, 2006 and March 28, 2006, the Authority and City 13 Council approved amendments to the EDIP Policy to further the City's goals to convert 14 certain property in APZ-1 and Clear Zone areas to uses that conform to the APZ-1 15 Ordinance (the "APZ-1 Amendments"); 16 17 WHEREAS, on September 21, 2010 and September 28, 2010, the Authority and 18 City Council approved further amendments to the EDIP Policy to allow for 19 reimbursement of additional expenses, to allow incentives for additional job creation and 20 to clarify the APZ-1 Amendments; 21 22 WHEREAS, on January 15, 2019 and March 19, 2019, the Authority and City 23 Council approved additional amendments to the EDIP Policy to, among other things, 24 clarify definitions, qualification, reporting requirements and the process for making and 25 paying awards; 26 27 WHEREAS, on April 28, 2020 and May 12, 2020, City Council and the Authority 28 approved the addition of Part E to the EDIP Policy to temporarily allow the Authority to 29 make emergency assistance grants to small businesses impacted by the COVID-19 30 Pandemic for the duration of the declared local emergency; 31 32 WHEREAS, on February 20, 2024, subject to City Council approval, the Authority 33 approved further amendments to the EDIP Policy to (i) more closely align with the policy 34 governing the implementation of the Commonwealth Opportunity Fund, (ii) adjust the 35 thresholds for awards based on job creation or retention, (iii) clarify the required 36 documentation for the disbursement of awards, and (iv) remove Part E from the EDIP 37 Policy as the local emergency justifying its inclusion has ended and all awards made 38 under Part E have been fully administered; 39 40 WHEREAS, on June 18, 2024, subject to City Council approval, the Authority 41 approved the addition of Part F to the EDIP Policy to allow the Authority to make grants 42 to qualifying small, women-owned, minority-owned, veteran-owned and service-disabled 43 veteran-owned businesses; and 44 45 WHEREAS, the changes between the current EDIP Policy and the new EDIP 46 Policy are shown in a blackline comparison attached hereto as Exhibit A, and the clean 47 version is attached hereto as Exhibit B. 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 1. That the amendments to the EDIP Policy are hereby approved in the form 52 attached hereto as Exhibit B; and 53 _ 54 2. That the Mayor is hereby authorized to execute the amended EDIP Policy 55 on behalf of the City. 56 57 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 58 day of , 2024 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ,O EconorAc Development City Attorney CA15785 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d015\p049\00945784.doc September 6, 2024 R-1 (2024 REVISIONS) 2019._ Revision (3 c 194 EXHIBIT A ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and as codified by § 15.2-4900 et. seq. of the Code of Virginia(collectively,the "Act"); -h` WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental, nonprofit and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 15.2-4905(6), the Authority has the power, inter alia, "to sell, exchange,donate and convey any or all of its facilities or properties whenever its board of directors shall find any such action to be in furtherance of the purposes for which the authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above,money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS,the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, while the Authority and City desire to promote all sectors of growth, the Authority and the Department of Economic Development (the "Department") have identified certain industries to target for growth and expansion in the City (the "Key Industries"), and the Key Industries, which may be updated from time to time, are identified on the Department's website,www.yesvirginiabeach.com ; WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City, and investments and economic development efforts aimed at retaining NAS Oceana as a master jet base are critical to the City's economic "health"; 1 (2024 REVISIONS) WHEREAS, the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in §10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas", "Special Economic Growth Areas", "Economic Redevelopment Areas" or "Opportunity Zones" (as defined in the Internal Revenue Code), including infill development within such areas. Collectively, Strategic Growth Areas, Special Economic Growth Areas, Economic Redevelopment Areas, and Opportunity Zones may be referred to herein as "Target Areas;" and WHEREAS,the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; and WHEREAS, awards made under this Policy are at the sole legislative discretion of the Authority, and nothing herein should be deemed or interpreted as an entitlement to an award. NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the"Policy"): gig. DEFINITIONS: �� 41 Unless otherwise defined, the following terms shall have the following meanings in this Policy: a. "Applicant" means the business owner, or developer that submits an application pursuant to this Policy. b. "Average Annual Wage" means the average annual wage in Virginia Beach as calculated by the Virginia Employment Commission. Currently, the Average Annual Wage is$58,032.The Average Annual Wage shall be adjusted quarterly as the Virginia Employment Commission releases updated calculations. mac."Capital Investment" means a capital expenditure in taxable real property, taxable tangible personal property,or both at the Project in the City of Virginia Beach. The Authority may, in its discretion, determine that the value of machinery and equipment leased under an operating lease will qualify as a 2 i capital investment. The Authority may also, in its discretion, consider Capital Investments made by third parties at the Project for the overall benefit of the Project,and/or the value of moveable equipment retained by a business that was considering relocating outside of the City of Virginia Beach. Except for good cause found by the Authority, the cost of the acquisition of land and existing buildings will not count toward the required capital investment thresholds unless the land and existing buildings are being purchased from a governmental entity and are being returned to the tax rolls. If a Project is also receiving an incentive from the Commonwealth based in part on Capital Investment the Authority may accept the evidence presented to the appropriate agencyo f the Commonwealth to establish the amount of Capital Investment for purposes of compliance with this Policy. d. "Maintain" means that the New Jobs will continue without interruption from the date of creation through the Performance Period. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the grantee's employment levels (so long as there is active recruitment for open positions) (ii)_strikes and(iii)other temporary work stoppages. 1}e. "New Job" means a permanent f:f'l time employment of an-indefinite duration-at, created as the PfojeAdirect result of the private investment, for which the firm pays the wa eg s and provides standard fringe benefits are pr-evided by the y for theits employe Each. ewjob must equir- 1 requiring a minimun, either (i) 35 hours of an employe the employee's time pera week for* 'entire normal year of the Company'-sfirm's operations, which `"'normal y1W11 must includeconsist of at least 48 weeks; or(ii) 1,680 hours per year. Seasonal or temporary positions positions created when a job function is shifted from an existing location in Virginia Beach to the location of the economic development project unless the Authority makes a finding that the iob is a "Retained Job" as required by Part A(6)(d) positions with construction contractors suppliers and multiplier or spin-off jobs may not qualify as new job. Net new jobs for contractors or employees of contractors who are located in Virginia Beach and provide dedicated full-time service to the Applicant may count as New Jobs (as determined by the Authority), even though the Applicant is not directly paving the wages or providing the fringe benefits if the other conditions set forth in this paragrqph have been satisfied Jobs qualifying as "Teleworking Jobs" m!qy be considered by the Authority so long as those jobs are identified b t�pplicant and the other conditions of this paragraph are satisfied. £ "Performance Period"means the time an Applicant is given to satisfy the terms of an award, usually thirty-six (36) months from the date of an award is approved by the Authority or such later period as is specified in the requirements of a matching grant provided by the Virginia Economic 3 i Development Partnership the Commonwealth Opportunity Fund or some other grant program administered by the Commonwealth. Eg_"Project"means the facility or facilities where a recipient of an award under this Policy has located from outside the City of Virginia Beach, or remained in the City of Virginia Beach or expanded its operations within the City of Virginia Beach and for which Capital Investment, New Jobs or direct tax revenues returned to the City are considered as a basis for an award under this Policy. h. "Retained Job" means employment of indefinite duraon retained in the City of Virginia Beach as direct result of the private investment for which the firm pays the wages and provides standard fringe benefits for its employee requiring a minimum of either (i) 35 hours of the employee's time a week for the entire normal year of the firm's operations which "normal year" must consist of at least 48 weeks or (ii) 1,680 hours per year. Seasonal or temporary positions positions retained when a job function is shifted from an existing location in Virginia Beach to the location of the economic development project unless the Authority makes a finding required in Part A(6)(d) positions with construction contractors, suppliers, and multiplier or spin-off jobs may not qualify as a retained job. Retained jobs for contractors or employees of contractors who are located in Virginia Beach and provide dedicated full-time service to the Applicant may ount as Retained Jobs (as determined by the Authority), even though the Applicant is not directly paying the wages or providing the fringe benefits if the other conditions set forth in this paragraph have been satisfied. Retained Jobs qualifying as "Teleworking Jobs" may be considered by the Authority so long as those jobs are identified by the Applicant and the other conditions of this paragraph are satisfied. i. "Teleworking Job"means an employee who works from home or from or from a different location than the Project where that employee physically reports to the Project two or more days a week. Fully remote workers residing outside of Virginia, or more than one hundred and fifteen (115) miles from Virginia Beach will not be considered as a "Teleworking Job" when calculating eligibility or performance of an award under this Policy. ^ PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the EDIP shall be to enhance the ability of the Authority to implement the purposes set forth in the Act including, without limitation, to foster and stimulate economic development in the City by inducing (i) new businesses to locate in the City, (ii) existing businesses to remain in the City, and (iii) existing businesses to expand their operations. 4 I i 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of the Department(the"Director")has determined,and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a Project to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later- than thirty six (36) enffis from the date h L, the D 4 before the end of the Performance Period; and/or b. For every one dollar ($1) in EDIP funds provided, at least twenty-five dollars ($25) of Capital Investment will be made or if appropriate, retained, at the Project for which the award is granted; and/or c. Tier 1. Every one thousand dollars ($1,000) in EDIP funds provided will yield at least one (1) New Job or Retained Job in the Project to which such EDIP funds are provided. ($2,000) shall he available f r a Pfejent that er-eates New jobs the Dr t for- h' h Vli U V u11UV1Ci IVI iT s ieh DIP n,nds are pfevided, where such employment opportunities pay an average of$35,001 to $50,000at least 1.2 times the Average Annual Wage, excluding benefits, =T up to dwee thousand della„s ($3,000) shall he � nilahle f«a Project that eaten New jobs in the Pr-ejeet for- h'nh h u Yullu VllJ 1V1 U Project Csue EDIP funds e yided .rhe e sueb employment oppoftu ities pay n„ LL11. 1{Allul7 Ul V lJl V V IQ�JCT, ` aver-age of $50,001 to $75,000, exeluding benefits, and (iii) tip to thousafid dollars ($4,000) shall be available for-a Pr-qjeet that er-eates N'eW jobs it the Pfojeet f r which such EDIP funds a idea where h JVVJ 111 LIlV 11V,vv e , employment eppaver-age of ever $75� , exeluding benefits. F-ef New jobs paying an aver-age up to $35,000 the bu i must defaenstTate-t ted werferee development-tr-ai I FLe- uuy'job to q qualify for a and that position m ,st he Willed � t le t jVv t. , one year. Tier 2. Every three thousand dollars($3 000)in EDIP funds provided will yield at least one (1) New Job or Retained Job in the Project to which such EDIP funds are provided where such employment opportunities pay an average of at least 1.7 times the Average Annual Wage, excluding benefits. The Applicant must Maintain at least eighty-five percent (85%) of the incentivized jobs from the date of creation or award through the end of the Performance Period or any funds awarded may be subject to recapture by the Authority. These criteria shall be reviewed by the Director and the Director of the DeparfdHexl of Department of Management Services on a biennial basis. Specifically included in such review 5 I i is the examination of whether the dollar thresholds in this Section 2 require adjustment to reflect changes in the CPI or cost of construction. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria,it is the goal of the Authority to approve EDIP awards to Projects that pay an average annual salary of at least $M66,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3. QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this Policy may be used throughout the City for the following purposes: office, industrial, commercial and mixed-use development, or such other uses where the Director has demonstrated a need for the proposed use in that part of the City. In determining whether to award EDIP funds for other uses, the Authority shall consider(i) whether the proposed use is consistent with the goals of the SGA or SEGA where the Project is located, and (ii) whether the Project meets the City's Investment Partnership Guidelines, and(iii)whether the Project will meet an underserved need in the City or further the growth of the Key Industries. 4. APPLICATION FOR EDIP AWARD. An Applicant who desires EDIP funds for a Project in the City of Virginia Beach may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City,it is determined that the designated information may not be kept confidential by the City, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application meets the requirement of this Part A,recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy.This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 6, an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. 5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose 6 I i 6. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director, the Authority may, by a recorded majority vote at a public meeting, approve the proposed provision of EDIP funds for the Project. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided,however, that prior to approval, the Authority must make all the following findings: Al a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; b. that the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c_. _e. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. dFor an award involving "Retained Jobs", that the jobs would likely have left the City of Virginia Beach if not for the stimulus of the EDIP; e. If the Performance Period of Capital Investment is tied to a similar award from the Commonwealth that the Authority is aware of the Commonwealth's award and the award's applicable performance standards; �. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate,remain or expand in the City; and e f.That as of the date the Director presents his or her recommendation to the Authority in closed session,the Project has not yet commenced construction of its proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the approval of the award in open session will be considered for reimbursement under the award. fl.g_The Applicant for an award shall certify to the Authority that the findings in section (d) , gh and (eyD above, are true and accurate at the time of the Authority's vote on an award. 7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: 7 I i a. The name of the Applicant, and the location and a brief description of the Project to which the funds will be provided; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met;or,in the alternative,that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 5 of this Part A; and e. A statement that the findings set forth in paragraph 6 of this Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS, ECONOMIC REDEVELOPMENT AREAS, OR OPPORTUNITY ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable, but, if developed, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS,STRATEGIC GROWTH AREAS AND OPPORTUNITY ZONES The Directors of the Department and the Planning Department shall identify areas of the City(i) that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped, and (ii) which should be considered for redevelopment or special development opportunities,but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Target Area. For purposes of this Policy, 8 i the term"brownfields"means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances,pollutants,or contamination. The term"greyfields"means underperforming,declining or vacant real estate. 3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office,industrial,retail,hotel and mixed use development(including high density and multi-family residential uses). 4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award or such later period its is specified in the requirements of a matching grant provided by the Vinuiflir Economic Development Partnership or through the Governor's Opportu iity Fund, or some other grant program administered by the Commonwealth; or where flexibility for tax abatement has been granted by the City,the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and b. For every one dollar ($1) in EDIP funds provided, twelve and 501100 dollars ($12.50) or more in new Capital Investment will be made at the Project. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria have been met. 5. AVAILABILITY OF FUNDS.EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further,provided that in any given fiscal year,the Authority shall not award more than fifty percent (50%) of its annual appropriation for EDIP use pursuant to Part B of this Policy without authorization of the City Council. 6. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for a Project located in a Target Area may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of 9 i Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City,it is determined that the designated information may not be kept confidential by the City, the document containing same will be redacted or returned to the party submitting it.The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director,including any certifications as required by this Policy. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 7, an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. In determining whether to recommend that EDIP funds be awarded for the Project,the Director shall find as follows: a. Whether the provision of EDIP funds'is`necessary to stimulate the development or redevelopment of the Project area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part B. Additi ally, or may der the following: c. The amount of EDI m funds remaining and available for use pursuant to this Part B of the Policy for the fiscal year. d. The economic return to the City generated by the Project in addition to the criteria set forth in paragraph 4 of Part B . e. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the Project may influence development or redevelopment within the applicable Target Area and adjacent or nearby properties. g. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy. 10 i h. The number and types of jobs which the development or redevelopment may expect to generate. i. The amount of the Applicant's Capital Investment in the Project. j. The extent to which the Project incorporates mixed uses, provides open space and focuses on transportation and transit accessibility. 7. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 4 of this Part B have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose_ 8. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director, the Authority may, by a recorded majority vote at a public meeting,approve the award of EDIP funds to the Applicant. The Authority may attach conditions to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided,however,that prior to approval of the award of EDIP funds for the Project,the Authority must make the following findings: �u a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; and b. That the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; e. That as of the date the Director presents his or her recommendation to the Authority in closed session,the Project has not yet commenced construction of the proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within 11 i seventy (70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the approval of the award in open session will be considered for reimbursement under the award; f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award; g. That the property has been designated (or is in an area which has been designated) as a Target Area; h. That the Project is consistent with the City's Comprehensive Plan, and the City's Economic Development Strategy, as amended; and i. That the Project as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties. 9. - APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a. The name of the Applicant , and the location and a brief description of the Project; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 10. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA SPECIAL ECONOMIC GROWTH AREA ECONOMIC REDEVELOPMENT AREA OR AN OPPORTUNITY ZONE. The Authority may use EDIP funds to purchase and improve property within a Target Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Target Area; and 12 i b. The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 10 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii) the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale,the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan,the City's Economic Development Strategy,the APZ- 1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 10 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia Beach, but, if developed with conforming uses, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to(i)generate additional tax revenue as a result of Capital Investment; (ii)influence similar redevelopment and additional investment in nearby properties;(iii)further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (iv) in the APZ-1 and.Clear Zone areas, encourage the conversion of property that does not conform to the City's zoning amendments adopted in response to the BRAC Order on December 20, 2005 (the "APZ-1 Ordinance") to uses that do conform to the APZ-1 Ordinance, including the relocation of nonconforming properties to areas of the City outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly,it is the animating purpose of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the Authority to foster and stimulate economic development in the APZ-1 by providing incentives for the development or redevelopment of properties as described herein. 2. APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident Potential Zone I and the areas identified as APZ-1 on the 1999 "Air Installations Compatible Use Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear Zones"are those areas designated as "Clear Zones"on the 1999 AICUZ pamphlet. 13 i 3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto. 4. - INVESTMENT CRITERIA. a. For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Conformity Committee has determined, and has advised the Director, that the Project for which EDIP funds will be provided will have the effect of furthering the goals of the Oceana Land Use Conformity Program,including bringing new uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting nonconforming uses to conforming uses, retaining conforming uses in APZ-1, and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and the City Zoning Ordinance. The Director shall advise the Authority of all determinations and recommendations made by the Oceana Land Use Conformity Committee("OLUCC"). b. In determining the amount of the award recommended to OLUCC,the Director shall determine whether both the following criteria have been met: G) The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and/or (ii)For every one dollar($1)in EDIP funds provided,the Applicant of the Project for which such funds are provided will spend ten and 50/100 dollars ($10.50) or more in new Capital Investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds may be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall have complete discretion as to the award of EDIP funds and the amount of EDIP funds awarded,as well as whether or not the criteria have been met. 5. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owner of land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible 14 i and(ii)if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an award of up to $75,000 to offset actual moving expenses incurred in moving the said nonconforming use out of APZ-1 or the Clear Zones. 6. AVAILABILITY OF FUNDS, The City Council specifically appropriates funds for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from CIP 9-037 (Oceana and Interfacility Traffic Area Conformity and Acquisition II). 7. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for use in a Project located in APZ-1 or the Clear Zones may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. the Applicant shall also complete the City of Virginia Beach Disclosure Statement Form,attached hereto as Exhibit B.The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City,it is determined that the designated information may not be kept confidential by the city, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application satisfies all requirements of this Part C,recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 4,an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. In determining whether to recommend that EDIP funds be awarded to for the Project, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part C. c. Whether the Project is consistent with the APZ-1 Ordinance. Additionally,the Director may consider the following: d. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. e. The economic return to the City generated by the Project. 15 i f. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. g. The degree to which the Project may influence compatible development or redevelopment within the APZ-1 and development of adjacent or nearby properties. h. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy, and the APZ-1 Ordinance, as amended. i. The amount of the Applicant's Capital Investment in the Project. j. The value of moving a use of property that is inconsistent with the APZ-1 Ordinance out of the APZ-1 or the Clear Zones. 8. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 4 of this Part C have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose 9. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director, the Authority may, by a recorded majority vote at a public meeting, approve the award of EDIP funds to for the Project. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part C of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, including the retention of NAS Oceana as a master jet base. Provided, however, that prior to approval of the award of EDIP funds for the Project, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base; and b. That the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; 16 i d. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; e. That as of the date of application for the EDIP award,the Applicant had not yet commenced construction of the Project; f. That without the stimulus of the EDIP award, it is unlik& that the Applicant would locate,remain or expand in the City; g. That as of the date the Director presents his or her recommendation to the Authority in closed session,the Applicant had not yet commenced construction of the Project. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy(70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the approval of the award in open session will be considered for reimbursement under the award; h. The Applicant for an award shall certify to the Authority that the findings in section(e),(f)and(g),above,are true and accurate at the time of the Authority's vote on an award; i. That the property is in APZ-1 or the Clear Zones; j. That the proposed Project is consistent with the City's Comprehensive Plan,the City's Economic Development Strategy and the APZ-1 Ordinance,as amended; k. That the scope and quality of the Project will serve to influence redevelopment and additional capital investment in adjacent or nearby properties or, in APZ-1 and Clear Zones, will foster the retention of NAS Oceana as a master jet base; and 1. The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 10. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following information: a. The name of the Applicant, and the location and a brief description of the Project; b. The amount of EDIP funds that will be provided; 17 i c. The purpose or purposes for which the EDIP funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part C have been met; e. A statement that the findings set forth in paragraph 9 of this Part C have been made by the Authority; and £ Any conditions to the approval of the award of the EDIP funds by the Authority. 11. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the City. The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: Sale Price Cumulative Commission Rate $ 0 - $500,000 5% $500,001 - $1,000,000 3% $1,000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A, B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and engineering studies directly related to specific economic development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the Applicant at such time as the Director shall (i) obtain copies such records from the Applicant (including all contractors or subcontractors)necessary to document the actual costs incurred for the purpose or purposes for which the funds are to be provided, including invoices and evidence of payment; (ii) determine that the Project is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the EDIP funds by the Authority; and (iii) where required by the Authority (such as when a majority of the justification for an EDIP award is for the acquisition of personalty that 18 could be removed from the City of Virginia Beach),the Applicant shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. b. Prior to paving funds to any Applicant based on New Jobs or Retained Jobs the Applicant shall submit to the Authority a copy of its Virginia Employment Commission Quarterly Tax Report FC-20. c. Prior to paving funds to any Applicant based on New Jobs or Retained Jobs that are Teleworking Jobs,the Applicant shall submit to the Authority a certification that such employees physically report to the Applicant's location in Virginia Beach at least three days per week unless such workers are not at the Applicant's location for a project (such as a construction project outside of Virginia Beach requiring an employees' attendance at the project for the duration of the project). On the request of the Authority, the Applicant will provide the following information for employees classified as holding Teleworking Jobs: i. Individual titles ii. Individual salaries iii. Hire Date iv. Zip code of residence or remote work site mod. Each resolution approving an EDIP award under this Policy shall contain a statement of the amount of Capital Investment to be made and/or New Jobs to be added as a basis for the award of EDIP funds approved. Notwithstanding anything to the contrary in this Policy, the resolution shall also direct that the full amount of the EDIP award approved shall not be paid unless at least eighty- five percent(85%)of the Capital Investment and/or New Jobs are actually made and/or added or retained. c—.e.If moveable equipment in the City of Virginia Beach at the time of an EDIP award is to be considered as a basis for the calculation of Capital Investment, the resolution shall contain a statement of the value of such movable equipment at the time of the EDIP award. 4-.f.The Director shall compile a written report for each EDIP award paid documenting the methodology employed, records reviewed and steps undertaken to ensure compliance with the terms of this Policy. The report shall include sufficient information to determine compliance with the Capital Investment and/or New Job requirement(s)of Section 3(b), above. This report shall be provided to the Commissioners at their monthly financial briefing. 19 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded for a Project pursuant to this Policy, such funds shall be used only for the following purposes: a. Public and private utility extension or capacity development on and off site; b. Road,rail,or other transportation access costs beyond the funding capability of existing programs; c. Public and private installation, extension or capacity development of high- speed of broadband Internet access,whether on or off site; d. Site acquisition; ,. e. Grading, drainage, paving, and any other activity required to prepare a site for construction; f. Construction or build-out of publicly or privately owned buildings; g. Training costs; h. Purchase and installation of tangible business property, located in the City of Virginia Beach, in the following categories: • Machinery and Tools; • Tangible personal property used for research and Development; • Computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or affiliated businesses; • Programmable computer equipment and peripherals employed in a trade or business (not individual workstations); • Tangible personal property used in the provision of Internet services; • Equipment used primarily for research, development, production or provision of biotechnology for the purpose of providing products or processes for specific commercial or public purposes; • Tangible property designed and used primarily for the purpose of manufacturing a product from renewable energy. 5. REPORTING.The Authority shall provide City Council annual reports,outlining, in detail, the manner in which the EDIP funds were provided. Such reports shall include, at a minimum,the information required by subsections a,b,and c of paragraph 6 of Part A,subsections a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 20 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority,respectively. PART E:[INTENTIONALLY DELETED PART F: POLICY AND PROCEDURE FOR THE PROVISIONS OF EDIP FUNDS FOR SMALL,WOMEN-OWNED, MINORITY-OWNED, VETERAN-OWNED AND SERVICE-DISABLED VETERAN OWNED BUSINESSES: I. PURPOSE AND INTENT: The program seeks to increase access to funding for historically underserved and marginalized small businesses through the use of grants to qualifying businesses. Small, women, minority-owned, veteran-owned and service-disabled veteran owned businesses, as such terms are defined in Virginia Code § 2.2-4310, are a diverse mix of start-ups and emerging businesses; there are limited capital tools available specifically for this sector of the business community in the City of Virginia Beach ("City"). This Part F seeks to provide grants ("Grants") to Qualifying businesses on a reimbursement basis subject to available funding to promote the continued operation and expansion of these businesses within the City, 2. QUALIFYING BUSINESSES: To qualify, a business must be able to demonstrate the following: a. It is a micro-business as contemplated by §15.2-965.2 of the Code of Virginia, or is a veteran-owned or service-disabled veteran-owned business with fewer than twenty-five (25) employees; b. It holds a valid Virginia Beach business license; c. It has operated in the City for at least one year as evidenced by tax returns or other documentation acceptable to the Authority; d. It is current on the payment of all local taxes and fees; e. It has not received an other ther grant from the Authority or the City within the past year 0 2 months); and f. It does not employ an officer, official or employee of the City Authority or Minority Business Council. 3. SIZE OF GRANTS AND FUNDING: Grants shall be up to a maximum of $10,000 per approved business. The initial funding for this program is $576 879.46 and shall be 21 administered in phases of$150,000 each until funding is exhausted Future fundingis dependent on appropriation by City Council. 4. APPLICATION PROCESS AND REPRESENTATIONS BY BUSINESS: A business seeking a Grant shall attend a pre-application workshop at the Virginia Beach HIVE (the "HIVE"), and submit (i) an application and (ii) a Disclosure Statement Form (a copy of each are attached hereto)by email to: thehive(a)vbjov.com. In the application the business will: a. Affirmatively state that it meets the criteria set forth in Section 2 above; b. Provide documentation to confirm one year of operation in the City; c. Provide a current business plan or strategic plan; d. Identify the proposed use of the grant funds; e. If a SWaM,veteran-owned or service-disabled veteran owned business provide documentation to that effect; and £ Commit to attending at least six business counseling sessions at the HIVE if awarded a Grant. Applications will be accepted in thirty-day cycles while funding is available. The first cycle will commence October 21, 2024 and close November 21, 2024. Thereafter, the Authority will give at least ten (10) d4ys' notice before it opens the next cycle. 5. SELECTION COMMITTEE: The Chair of the Authority shall appoint at a regular or special meeting of the Authority, a Selection Committee to review all completed 4pplications and make recommendations to the Authority for the approval of awards under this Part F. The Selection Committee will have four (4) members, and will have one representative from: a. The Authority b. The Minority Business Council c. The Department of Economic Development d. The City Manager's Office Representatives of the Selection Committee will serve one-year terms and may be reappointed by the Chair. The Chair may fill ill any vacancy at the next regular or special Authority meeting. Any member of the Selection Committee shall abstain from reviewing an application to which such member has a personal interest. For purposes of this section,the applicable definition of"personal interest" is provided by Virginia Code § 2.2-3101. 6. SELECTION PROCESS: All completed applications will be reviewed by the Selection Committee with priority consideration given to applications from businesses that are women, minority, veteran-owned or service-disabled veteran-owned. The Selection Committee shall evaluate the proposed use of funds, and how the provision of the grant will promote the continued operation and/or expansion of the business in the City when making its recommendation as to the award and size of a grant under this Part F. Not-for-profit entities, chains with more than three locations and national franchises will 22 not be considered for Grants under this Part F. The Selection Committee will make its recommendation as to the award and size of grants to the Authority for consideration at one of the Authority's regular or special meetings. 7. USE OF FUNDS: A business may seek reimbursement pursuant to this Part F for the following purposes: a. Working capital for the purchase of inventory or renewables b. Marketing and advertising expenses c. Development of online or mobile presence d. Equipment/supplies purchases e. Business expansion £ Real estate acquisition g. Such other business development purposes identified by the business and approved by the Authority in its Resolution. A business may not seek reimbursement for payroll, insurance, salaries,lease payments or personal expenses. 8. AUTHORITY FINDINGS: Prior to approving a Grant, the Authority shall make the following findings a. That the business qualifies under the requirements of Paragraph 2 of this Part F; b. That the animating purpose of the proposed provision of EDIP funds for the Grant is the public purpose of promoting economic development and retaining business and employment opportunities in the Cites C. That the expenditure of such funds will only incidentally enure to private interests, if at all; d. That the proposed_provision of funds for the Grant is in furtherance of the puu loses for which the Authority was created; and e. The provision of the Grant will promote the continued operation and/or expansion of the business in the City. 9. AUTHORITY APPROVAL OF GRANTS: Approval by the Authority of the provision of a Grant to a specific business, pursuant to this Part F shall be in the form of a Resolution which shall include the following information: a. The name of the business; b. The location and brief description of the business; c. The amount of the Grant; d. The specific purpose for which the Grant will be used; e. A statement that the findings set forth in Paragraph 8 of this Part F have been met; and 23 f. A single Resolution may be adopted to approve multiple Grants so long as the above information is included for each recipient in that Resolution 10. GRANT PAYOUTS: Once approved Grants shall be paid on a reimbursement basis at such time as the business has produced documentation acceptable to the Director of Economic Development, that the business has expended funds for the purpose set forth in the Resolution approving the Grant Acceptable documentation shall include but not be limited to paid invoices, receipts or cancelled checks For good cause shown in the discretion of the Director of Economic Development a Grant may be pre-paid or paid directly to a third party for an allowable use so long as the Director documents the basis for payment and receives reasonable assurances from the recipient that the use of funds will be only for RWoses set forth in this Part F. The Director shall document in writing the cause for prepayment and assurances received Date: , Mayor, City of Virginia Beach Chair, City of Virginia Beach . Development Authority Approved as to Content: Approved as to Legal Sufficiency: Economic Development City Attorney VBDA approwd 2120/24 and 6/18/24 24 (2024 REVISIONS) EXHIBIT B ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and as codified by § 15.2-4900 et. seq. of the Code of Virginia(collectively, the "Act"); Awl WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental, nonprofit and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 15.2-4905(6), the Authority has the power, inter alia, "to sell, exchange,donate and convey any or all of its facilities or properties whenever its board of directors shall find any such action to be in furtherance of the purposes for which the authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may ]Foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above,money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to snake appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS,the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, while the Authority and City desire to promote all sectors of growth, the Authority and the Department of Economic Development (the "Department") have identified certain industries to target for growth and expansion in the City (the "Key Industries"), and the Key Industries, which may be updated from time to time, are identified on the Department's website, www.yesvirginiabeach.com ; WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City, and investments and economic development efforts aimed at retaining NAS Oceana as a master jet base are critical to the City's economic"health"; WHEREAS, the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; 1 (2024 REVISIONS) WHEREAS, pursuant to the authority and empowerment set forth in §10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas", "Special Economic Growth Areas", "Economic Redevelopment Areas" or "Opportunity Zones" (as defined in the Internal Revenue Code), including infill development within such areas. Collectively, Strategic Growth Areas, Special Economic Growth Areas, Economic Redevelopment Areas, and Opportunity Zones may be referred to herein as "Target Areas;" and WHEREAS,the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; and WHEREAS, awards made under this Policy are at the sole legislative discretion of the Authority, and nothing herein should be deemed or interpreted as an entitlement to an award. NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority here dopt the following Economic Development Investment Program Policy and Procedures (the"P "). DEFINITIONS: Unless otherwise defined, the fo1 g terms shall have the following meanings in this Policy: - : a. "Applicant" means the business, owner, or developer that submits an application pursuant to this Policy. b. "Average,Annual Wage"means the average annual wage in Virginia Beach as calculated by the Virginia Employment Commission. Currently, the Average Annual Wage is$58,032.The Average Annual Wage shall be adjusted quarterly as the Virginia Employment Commission releases updated calculations. c. "Capital Investment' means a capital expenditure in taxable real property, taxable tangible personal property,or both at the Project in the City of Virginia Beach. The Authority may, in its discretion, determine that the value of machinery and equipment leased under an operating lease will qualify as a capital investment. The Authority may also, in its discretion, consider Capital Investments made by third parties at the Project for the overall benefit of the Project,and/or the value of moveable equipment retained by a business that was 2 considering relocating outside of the City of Virginia Beach. Except for good cause found by the Authority, the cost of the acquisition of land and existing buildings will not count toward the required capital investment thresholds unless the land and existing buildings are being purchased from a governmental entity and are being returned to the tax rolls. If a Project is also receiving an incentive from the Commonwealth based in part on Capital Investment, the Authority may accept the evidence presented to the appropriate agency of the Commonwealth to establish the amount of Capital Investment for purposes of compliance with this Policy. d. "Maintain" means that the New Jobs will continue without interruption from the date of creation through the Performance Period. Positions for the New Jobs will be treated as Maintained during periods in which such positions are not filled due to (i) temporary reductions in the grantee's employment levels (so long as there is active recruitment for open positions),(ii)strikes,and(iii)other temporary work stoppages. e. "New Job"means employment of indefinite duration,created as tke direct result of the private investment, for which the firm pays the wages and provides standard fringe benefits for its employee, requiring a minimum of either(i) 35 hours of the employee's time a week for the entire normal year of the firm's operations, which "normal year" must consist of at least 48 weeks or(ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in Virginia Beach to the location of the economic development project,unless the Authority makes a finding that the jobs is a "Retained Job" as required by Part A(6)(d), positions with construction contractors, suppliers, and multiplier or spin-off jobs may not qualify as new job. Net new jobs for contractors or employees of contractors who are located in Virginia Beach and provide dedicated full-time service to the Applicant may count as New Jobs (as determined by the Authority), even though the Applicant is not directly paying the wages or providing the fringe benefits if the other conditions set forth in this paragraph have been satisfied. Jobs qualifying as "Teleworking Jobs" may be considered by the Authority so long as those jobs are identified by the Applicant and the other conditions of this paragraph are satisfied. f. "Performance Period"means the time an Applicant is given to satisfy the terms of an award, usually thirty-six (36) months from the date of an award is approved by the Authority or such later period as is specified in the requirements of a matching grant provided by the Virginia Economic Development Partnership,the Commonwealth Opportunity Fund,or some other grant program administered by the Commonwealth. g. "Project" means the facility or facilities where a recipient of an award under this Policy has located from outside the City of Virginia Beach, or remained in the City of Virginia Beach or expanded its operations within the City of Virginia 3 Beach and for which Capital Investment, New Jobs or direct tax revenues returned to the City are considered as a basis for an award under this Policy. h. "Retained Job" means employment of indefinite duration, retained in the City of Virginia Beach as direct result of the private investment, for which the firm pays the wages and provides standard fringe benefits for its employee,requiring a minimum of either (i) 35 hours of the employee's time a week for the entire normal year of the firm's operations, which "normal year" must consist of at least 48 weeks or (ii) 1,680 hours per year. Seasonal or temporary positions, positions retained when a job function is shifted from an existing location in Virginia Beach to the location of the economic development project,unless the Authority makes a finding required in Part A(6)(d),positions with construction contractors, suppliers, and multiplier or spin-off jobs may not qualify as a retained job. Retained jobs for contractors or employees of contractors who are located in Virginia Beach and provide dedicated full-time service to the Applicant may count as Retained Jobs (as determined by the Authority), even though the Applicant is not directly paying the wages or providing the fringe benefits if the other conditions set forth in this paragraph have been satisfied. Retained Jobs qualifying as "Teleworking Jobs" may be considered by the Authority so long as those jobs are identified by the Applicant and the other conditions of this paragraph are satisfied. i. "Teleworking Job"means an employee who works from home or from or from a different location than the Project, where that employee physically reports to the Project two or more days a week. dully remote workers residing outside of Virginia, or more than one hundred and fifteen (115) miles from Virginia Beach will not be considered as a "Teleworking Job" when calculating eligibility or performance of an award under this Policy. PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the EDIP shall be to enhance the ability of the Authority to implement the purposes set forth in the Act including, without limitation, to fost and stimulate economic development in the City by inducing (i) new businesses to locate in ity, (ii) existing businesses to remain in the City, and (iii) existing businesses to expand the operations. 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of the Department(the"Director")has determined,and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a Project to which EDIP funds are provided will exceed the amount of EDIP funds so provided before the end of the Performance Period; and/or 4 b. For every one dollar ($1) in EDIP funds provided, at least twenty-five dollars ($25) of Capital Investment will be made or if appropriate, retained, at the Project for which the award is granted; and/or c. Tier 1. Every one thousand dollars ($1,000)in EDIP funds provided will yield at least one (1) New Job or Retained Job in the Project to which such EDIP funds are provided where such employment opportunities pay an average of at least 1.2 times the Average Annual Wage, excluding benefits. Tier 2. Every three thousand dollars($3,000)in EDIP funds provided will yield at least one (1) New Job or Retained Job in the Project to which such EDIP funds are provided where such employment opportunities pay an average of at least 1.7 times the Average Annual Wage, excluding benefits. The Applicant must Maintain at least eighty-five percent (85%) of the incentivized jobs from the date of creation or award through the end of the Performance Period or any funds awarded may be subject to recapture by the Authority. . These criteria shall be reviewed by the Director and the Director of the Department of Management Services on a biennial basis. Specifically included in such review is the examination of whether the dollar thresholds in this Section 2 require adjustment to reflect changes in the CPI or cost of construction. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP awards to Projects that pay an average annual salary of at least $66,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3. QUALIFYING USES FOR PART A FUNDS. EDIP funds under Part A of this Policy may be used throughout the City for the following purposes: office, industrial, commercial and mixed-use development, or such other uses where the Director has demonstrated a need for the proposed use in that part of the City. In determining whether to award EDIP funds for other uses, the Authority shall consider(i) whether the proposed use is consistent with the goals of the SGA or SEGA where the Project is located, and (ii) whether the Project meets the City's Investment Partnership Guidelines, and(iii)whether the Project will meet an underserved need in the City or further the growth of the Key Industries. 4. APPLICATION FOR EDIP AWARD. An Applicant who desires EDIP funds for a Project in the City of Virginia Beach may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may 5 result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City,it is determined that the designated information may not be kept confidential by the City, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application meets the requirement of this Part A,recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 6, an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. 5. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose 6. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director, the Authority may, by a recorded majority vote at a public meeting, approve the proposed provision of EDIP funds for the Project. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval, the Authority must make all the following findings: a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; at the expenditure of such EDIP funds will only incidentally enure to the ,. benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. For an award involving"Retained Jobs",that the jobs would likely have left the City of Virginia Beach if not for the stimulus of the EDIP; e. If the Performance Period of Capital Investment is tied to a similar award from the Commonwealth,that the Authority is aware of the Commonwealth's award and the award's applicable performance standards; 6 e. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; and f. That as of the date the Director presents his or her recommendation to the Authority in closed session,the Project has not yet commenced construction of its proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, no investments made prior to seventy(70) days of the date of the approval of the award in open session will be considered for reimbursement under the award. g. The Applicant for an award shall certify to the Authority that the findings in section(d),(e),and(f)above,are true and accurate at the time of the Authority's vote on an award. 7. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name of the Applicant, and the location and a brief description of the Project to which the funds will be provided; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met;or,in the alternative,that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 5 of this Part A; and e. A statement that the findings set forth in paragraph 6 of this Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS, ECONOMIC REDEVELOPMENT AREAS, OR OPPORTUNITY ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable, but, if developed, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to (i) generate 7 additional tax revenue as a result of Capital Investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS,STRATEGIC GROWTH AREAS AND OPPORTUNITY ZONES The Directors of the Department and the Planning Department shall identify areas of the City(i) that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped, and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive'Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Target Area. For purposes of this Policy, the term"brownfields"means vacant,abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances,pollutants,or contamination. The term"greyfields"means underperforming,declining or vacant real estate. 3. QUALIFYING LAND USES. EDIP_funds under Part B of this Policy may be provided for office,industrial,retail,hotel and mixed use development(including high density and multi-family residential uses). 4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award or such later period as is specified in the requirements of a matching grant provided by the Virginia Economic Development Partnership or through the Governor's Opportunity Fund, or some other grant program administered by the Commonwealth; or where flexibility for tax abatement has been granted by the City,the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and 8 b. For every one dollar ($1) in EDIP funds provided, twelve and 501100 dollars ($12.50)or more in new Capital Investment will be made at the Project. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of EDIP funds and the amount of EDIP funds awarded, as well as whether or not the criteria have been met. 5. AVAILABILITY OF FUNDS.EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further,provided that in any given fiscal year,the Authority shall not award more than fifty percent (50%) of its annual appropriation for EDIP use pursuant to Part B of this Policy without authorization of the City Council. 6. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for a Project located in a Target Area may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. The Applicant shall also complete the City of Virginia Beach Disclosure Statement Form, also attached hereto as Exhibit B. The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City,it is determined that the designated information may not be kept confidential by the City, the document containing same will be redacted or returned to the party submitting it.The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director, including any certifications as required by this Policy. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 7, an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved,the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. In determining whether to recommend that EDIP funds be awarded for the Project,the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the Project area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally,the Director may consider the following: 9 c. The amount of EDIP funds remaining and available for use pursuant to this Part B of the Policy for the fiscal year. d. The economic return to the City generated by the Project in addition to the criteria set forth in paragraph 4 of this Part B . e. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the Project may influence development or redevelopment within the applicable Target Area and adjacent or nearby properties. g. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy. h. The number and types of jobs which the development or redevelopment may expect to generate. i. The amount of the Applicant's Capital Investment in the Project. j. The extent to which the Project incorporates mixed uses, provides open space and focuses on transportation and transit accessibility. 7. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project, but the criteria set forth in paragraph 4 of this Part B have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 8. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director, the Authority may, by a recorded majority vote at a public meeting, approve the award of EDIP funds to the Applicant. The Authority may attach conditions to the approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state,federal and local regulatory agencies and compliance therewith. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City. Provided,however,that prior to approval of the award of EDIP funds for the Project,the Authority must make the following findings: 10 a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach; and b. That the expenditure of such EDIP funds will only incidentally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; d. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate,remain or expand in the City; e. That as of the date the Director presents his or her reconiaWndation to the Authority in closed session,the Project has not yet commencMbristruction of the proposed improvements. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy (70) days of the date of closed session, no investments made prior to seventy(70) days of the date of the approval of the award in open session will be considered for reimbursement under the award; f. The Applicant for an award shall certify to the Authority that the findings in section (d) and (e), above, are true and accurate at the time of the Authority's vote on an award; g. That the property has been designated (or is in an area which has been designated) as a Target Area; h. That t11eProject is consistent with the City's Comprehensive Plan, and the City's Economic Development Strategy, as amended; and i. That the Proje t as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties. 9. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a. The name of the Applicant , and the location and a brief description of the Project; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; 11 e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f Any conditions to the approval of the award of the EDIP funds by the Authority. 10. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA, SPECIAL ECONOMIC GROWTH AREA ECONOMIC REDEVELOPMENT AREA OR AN OPPORTUNITY ZONE. The Authority may use EDIP funds to purchase and improve property within a Target Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Target Ar d b. The acquisition and/or improvement of the pr by the Authority and its subsequent development or redevelopment will b onformity with and/or furthers the goals of the City's Comprehensive Pl e City's Economic Development Strategy, the APZ-1 Ordinance, as amen and Part B of this Policy. In addition to any property purchased using EDIP fun' s pursuant to paragraph 10 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or(iii) the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale,the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan,the City's Economic Development Strategy,the APZ- 1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of.. 'y property purchased by the Authority and sold pursuant to paragraph 10 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia Beach, but, if developed with conforming uses, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be expected to(i)generate additional tax revenue as a result of Capital Investment; (ii)influence similar redevelopment and additional investment in nearby properties;(iii)further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (iv) in the APZ-1 and Clear Zone areas, encourage the conversion of property that does not conform to the City's zoning amendments adopted in response 12 to the BRAC Order on December 20, 2005 (the "APZ-1 Ordinance") to uses that do conform to the APZ-1 Ordinance, including the relocation of nonconforming properties to areas of the City outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly,it is the animating purpose of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the Authority to foster and stimulate economic development in the APZ-1 by providing incentives for the development or redevelopment of properties as described herein. 2. APZ-1 AND THE CLEAR ZONES. The term "APZ-1" means Accident Potential Zone 1 and the areas identified as APZ-1 on the 1999"Air Installations Compatible Use Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navy. The term "Clear Zones"are those areas designated as"Clear Zones"on the 1999 AICUZ pamphlet. 3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto. 4. INVESTMENT CRITERIA. ,_ a. For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Conformity Committee has detennined, and has advised the Director, that the Project for which EDIP funds will be provided will have the effect of furthering the goals ofthe Oceana Land Use Conformity Program,including bringing new uses into APZ-1 areas that conform to the APZ-1 Ordinance, converting nonconforming uses to conforming uses, retaining conforming uses in APZ-1, and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and . the City Zoning Ordinance. The Director shall advise the Authority of all determinations and recommendations made by the Oceana Land Use Conformity Committee ("OLUCC"). b. In determining the amount of the award recommended to OLUCC,the Director shall determine whether both the following criteria have been met: (i) The net amount of direct tax revenues returned to the City as a result of the Project for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the Project for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and/or (ii) For every one dollar ($1) in EDIP funds provided, the Applicant of the Project for which such funds are provided will spend ten and 50/100 dollars 13 ($10.50) or more in new Capital Investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such EDIP funds may be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall have complete discretion as to the award of EDIP funds and the amount of EDIP funds awarded, as well as wh er or not the criteria have been met. 5. ADDITIONAL USES OF FUNDS UNDER PART C. AA qualifying owner of land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible and(ii)if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an award of up to $75,000 to offset actual moving expenses incurred in moving the said nonconforming use out of APZ-1 or the Clear Zones. 6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds for EDIP use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from CIP 9-037 (Oceana and Interfacility Traffic Area Conformity and Acquisition 11). 7. APPLICATION FOR EDIP AWARD.An Applicant who desires EDIP funds for use in a Project located in APZ-1 or the Clear Zones may apply for that purpose through the Department. The form of the application is attached hereto as Exhibit A. the Applicant shall also complete the City of Virginia Beach Disclosure Statement Form,attached hereto as Exhibit B.The Applicant shall identify in writing any confidential or proprietary information contained in or provided with the application at the time of submission. The failure to mark such materials may result in the disclosure by the City or the Authority pursuant to applicable open records laws. If, on review by the City,it is determined that the designated information may not be kept confidential by the city, the document containing same will be redacted or returned to the party submitting it. The Applicant shall submit such additional information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the Project described in the application satisfies all requirements of this Part C,recommend to the Authority that it award EDIP funds for the Project. The Director's recommendation shall be in writing and shall include the proposed amount of the award and basis therefore under this Policy. This recommendation may take the form of the written presentation made to the Authority in a closed session. As set forth more fully in Section 4,an EDIP award must be approved by a formal vote in an open session of the Authority. Once an award is approved, the recommendation of the Director and all non-confidential or proprietary portions of the application will become public records. In determining whether to recommend that EDIP funds be awarded to for the Project, the Director shall find as follows: 14 a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area; and b. Whether the Project satisfies the investment criteria set forth in paragraph 4 of this Part C. c. Whether the Project is consistent with the APZ-1 Ordinance. Additionally, the Director may consider the following: d. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. e. The economic return to the City generated by the Project. f. The expertise and experience of the Applicant in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. g. The degree to which the Project may influence compatible development or redevelopment within the APZ-1 and development of adjacent or nearby properties. h. The extent to which the Project may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy, and the APZ-1 Ordinance, as amended. i. The amount of the Applicant's Capital Investment in the Project. j. The value of moving a use of property that is inconsistent with the APZ-1 Ordinance out of the APZ-1 or the Clear Zones. 8. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds for the Project,but the criteria set forth in paragraph 4 of this Part C have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose ��y 9. AUTHORITY FINDINGS AND ACTION. Upon consideration of the recommendation of the Director, the Authority may, by a recorded majority vote at a public meeting,approve the award of EDIP funds to for the Project. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the Applicant's proposed Project satisfies Part C of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, 15 including the retention of NAS Oceana as a master jet base. Provided, however, that prior to approval of the award of EDIP funds for the Project, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds for the Project is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base; and b. That the expenditure of such EDIP funds will only ' entally enure to the benefit of private interests, if at all; c. That the proposed provision of EDIP funds for the Project is in furtherance of the purposes for which the Authority was created; w- d. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; e. That as of the date of application for the EDIP award, the Applicant had not yet commenced construction of the Project; f. That without the stimulus of the EDIP award, it is unlikely that the Applicant would locate, remain or expand in the City; g. That as of the date the Director presents his or her recommendation to the Authority in closed session,the Applicant had not yet commenced construction of the Project. Consideration in a closed session does not indicate approval and any investment or expenditure made by the Applicant is done at the sole risk of the Applicant. Further, if an award is not approved within seventy(70) days of the date of closed session, no investments made prior to seventy (70) days of the date of the approval of the award in open session will be considered for reimbursement under the award; h. The Ap lic;ant for an award shall certify to the Authority that the findings in secti ,(f)and(g),above,are true and accurate at the time of the Authority's vo an award; i. at the property is in APZ-1 or the Clear Zones; j. That the proposed Project is consistent with the City's Comprehensive Plan,the City's Economic Development Strategy and the APZ-1 Ordinance,as amended; k. That the scope and quality of the Project will serve to influence redevelopment and additional capital investment in adjacent or nearby properties or, in APZ-1 16 and Clear Zones, will foster the retention of NAS Oceana as a master jet base; and 1. The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 10. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following information: a. The name of the Applicant, and the location of description of the Project; b. The amount of EDIP funds that will be provided; c. The purpose or purposes for which the EDIP funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part C have been met; e. A statement that the findings set forth in paragraph 9 of this Part C have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 11. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the City. The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: Sale Price Cumulative Commission Rate $ 0 - $500,000 5% $500,001 - $1,000,000 3% $1,000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO PARTS A,B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and 17 engineering studies directly related to specific economic development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. a. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the Applicant at such time as the Director shall (i) obtain copies such records from the Applicant (including all contractors or subcontractors)necessary to document the actual costs incurred for the purpose or purposes for which the funds are to be provided, including invoices and evidence of payment; (ii) determine that the Project is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the EDIP funds by the Authority; and (iii) where required by the Authority (such as when a majority of the justification for an EDIP award is for the acquisition of personalty that could be removed from the City of Virginia Beach),the Applicant shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. b. Prior to paying funds to any Applicant based on New Jobs or Retained Jobs,the Applicant shall submit to the Authority a copy of its Virginia Employment Commission Quarterly Tax Report FC-20. c. Prior to paying funds to any Applicant based on New Jobs or Retained Jobs that are Teleworking Jobs,the Applicant shall submit to the Authority a certification that such employees physically report to the Applicant's location in Virginia Beach at least three days per week unless such workers are not at the Applicant's location for a project (such as a construction project outside of Virginia Beach requiring an employees' attendance at the project for the duration of the project). On the request of the Authority, the Applicant will provide the following information for employees classified as holding .,."' Teleworking Jobs: Individual titles p Individual salaries ; A iii. Hire Date iv. Zip code of residence or remote work site d: ach resolution approving an EDIP award under this Policy shall contain a statement of the amount of Capital Investment to be made and/or New Jobs to be added as a basis for the award of EDIP funds approved. Notwithstanding anything to the contrary in this Policy, the resolution shall also direct that the full amount of the EDIP award approved shall not be paid unless at least eighty- five percent(85%)of the Capital Investment and/or New Jobs are actually made and/or added or retained. 18 e. If moveable equipment in the City of Virginia Beach at the time of an EDIP award is to be considered as a basis for the calculation of Capital Investment, the resolution shall contain a statement of the value of such movable equipment at the time of the EDIP award. £ The Director shall compile a written report for each EDIP award paid documenting the methodology employed, records reviewed and steps undertaken to ensure compliance with the terms of this Policy. The report shall include sufficient information to determine compliance with the Capital Investment and/or New Job requirement(s) of Section 3(b), above. This report shall be provided to the Commissioners at their monthly financial briefing. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded for a Project pursuant to this Policy, such funds shall be used only for the following purposes: a. Public and private utility extension or capacity development on and off site; b. Road,rail, or other transportation access costs beyond the funding capability of existing programs; c. Public and private installation, extension or capacity development of high- speed of broadband Internet access,whether on or off site; d. Site acquisition; e. Grading, drainage, paving, and any other activity required to prepare a site for construction; f. Construction or build-out of publicly or privately owned buildings; g. Training costs; h. Purchase and installation of tangible business property, located in the City of Virginia Beach, in the following categories: • Machinery and Tools; • Tangible personal property used for research and Development; • Computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or affiliated businesses; • Programmable computer equipment and peripherals employed in a trade or business (not individual workstations); • Tangible personal property used in the provision of Internet services; 19 • Equipment used primarily for research, development, production or provision of biotechnology for the purpose of providing products or processes for specific commercial or public purposes; • Tangible property designed and used primarily for the purpose of manufacturing a product from renewable energy. 5. REPORTING.The Authority shall provide City Council annual reports,outlining, in detail, the manner in which the EDIP funds were provided. Such reports shall include, at a minimum,the information required by subsections a,b,and c of paragraph 6 of Part A,subsections a, b, and c of paragraph 8 of Parts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 6. AMENDMENTS TO POLICY. The proviMons of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority,which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of,the City and the Authority, respectively. PART E:[INTENTIONA LL Y DELE TED] PART F: POLICY AND PROCEDURE FOR THE PROVISIONS OF EDIP FUNDS FOR SMALL,WOMEN-OWNED, MINORITY-OWNED,VETERAN-OWNED AND SERVICE-DISABLED VETERAN OWNED BUSINESSES: I. PURPOSE AND INTENT: The program seeks to increase access to funding for historically underserved and marginalized small businesses through the use of grants to qualifying businesses. Small, women, minority-owned, veteran-owned and service-disabled veteran owned businesses, as such terms are defined in Virginia Code § 2.2-4310, are a diverse mix of start-ups and emerging businesses; there are limited capital tools available specifically for this sector of the business community in the City of Virginia Beach ("City"). This Part F seeks to provide grants ("Grants") to qualifying businesses on a reimbursement basis, subject to available funding, to promote the continued operation and expansion of these businesses within the City. 2. QUALIFYING BUSINESSES: To qualify, a business must be able to demonstrate the following: 20 a. It is a micro-business as contemplated by §15.2-965.2 of the Code of Virginia, or is a veteran-owned or service-disabled veteran-owned business with fewer than twenty-five(25) employees; b. It holds a valid Virginia Beach business license; c. It has operated in the City for at least one year as evidenced by tax returns or other documentation acceptable to the Authority; d. It is current on the payment of all local taxes and fees; e. It has not received any other grant from the Authority or the.City within the past year(12 months); and f. It does not employ an officer, official or employee of the City, Authority or Minority Business Council. 3. SIZE OF GRANTS AND FUNDING: Grants shall be up to a maximum of $10,000 per approved business. The initial funding for this program is $576,879.46 and shall be administered in phases of$150,000 each until funding is exhausted. Future funding is dependent on appropriation by City Council. 4. APPLICATION PROCESS AND REPRESENTATIONS BY BUSINESS: A business seeking a Grant shall attend a pre-application workshop at the Virginia Beach HIVE(the "HIVE"), and submit (i) an application and (ii) a Disclosure Statement Form (a copy of each are attached hereto)by email to: thehive@vbgov.com. In the application, the business will: a. Affirmatively state that it meets the criteria set forth in Section 2, above; b. Provide documentation to confirm one year of operation in the City; c. Provide a current business plan or strategic plan; d. Identify the proposed use of the grant funds; e. If a SWaM,veteran-owned or service-disabled veteran owned business,provide documentation to that effect; and f. Commit to attending at least six business counseling sessions at the HIVE if awarded a Grant. Applications will be accepted in thirty-day cycles while funding is available. The first cycle will commence October 21, 2024 and close November 21, 2024. Thereafter, the Authority will give at least ten (10) days',notice before it opens the next cycle. 5. SELECTION COMMITTEE: The Chair of the Authority shall appoint, at a regular or special meeting of the Authority, a Selection Committee to review all completed applications and make recommendations to the Authority for the approval of awards under this Part F. The Selection Committee will have four (4) members, and will have one representative from: a. The Authority b. The Minority Business Council c. The Department of Economic Development d. The City Manager's Office 21 Representatives of the Selection Committee will serve one-year terms and may be reappointed by the Chair. The Chair may fill any vacancy at the next regular or special Authority meeting. Any member of the Selection Committee shall abstain from reviewing an application to which such member has a personal interest. For purposes of this section,the applicable definition of"personal interest"is provided by Virginia Code § 2.2-3101. 6. SELECTION PROCESS: All completed applications will be reviewed by the Selection Committee with priority consideration given to applications from businesses that are women, minority, veteran-owned or service-disabled veteran-owned. The Selection Committee shall evaluate the proposed use of funds, and how the provision of the grant will promote the continued operation and/or expansion of the business in the City when snaking its recommendation as to the award and size of a grant under this Part F. Not-for-profit entities, chains with more than three locations, and national franchises, will not be considered for Grants under this Part F. The Selection Committee will make its recommendation as to the award and size of grants to the Authority for consideration at one of the Authority's regular or special meetings. 7. USE OF FUNDS: A business may seek reimbursement pursuant to this Part F for the following purposes: a. Working capital for the purchase of inventory or renewables b. Marketing and advertising expenses c. Development of online or mobile presence d. Equipment/supplies purchases e. Business expansion £ Real estate acquisition g. Such other business development purposes identified by the business and approved by the Authority in its Resolution. A business may not seek reimbursement for payroll,insurance, salaries, lease payments,or f, personal expenses. i 4lJTHORITY FINDINGS: Prior to approving a Grant, the Authority shall make the folio '�� `ndings: at the business qualifies under the requirements of Paragraph 2 of this Part F; b. That the animating purpose of the proposed provision of EDIP funds for the Grant is the public purpose of promoting economic development and retaining business and employment opportunities in the City; C. That the expenditure of such funds will only incidentally enure to private interests, if at all; d. That the proposed provision of funds for the Grant is in furtherance of the purposes for which the Authority was created; and 22 e. The provision of the Grant will promote the continued operation and/or expansion of the business in the City. 9. AUTHORITY APPROVAL OF GRANTS: Approval by the Authority of the provision of a Grant to a specific business, pursuant to this Part F, shall be in the form of a Resolution which shall include the following information: a. The name of the business; b. The location and brief description of the business; c. The amount of the Grant; d. The specific purpose for which the Grant will be used; e. A statement that the findings set forth in Paragraph 8 of this Part F have been met; and f. A single Resolution may be adopted to approve multiple Grants so long as the above information is included for each recipient in that Resolution. 10. GRANT PAYOUTS: Once approved, Grants shall be paid on a reimbursement basis at such time as the business has produced documentation acceptable to the Director of Economic Development, that the business has expended funds for the purpose set forth in the Resolution approving the Grant. Acceptable documentation shall include, but not be limited to, paid invoices, receipts, or cancelled checks. For good cause shown, in the discretion of the Director of Economic Development, a Grant may be pre-paid or paid directly to a third party for an allowable use so long as the Director documents the basis for payment and receives reasonable assurances from the recipient that the use of funds will be only for purposes set forth in this Part F. The Director shall document in writing the cause for prepayment and assurances received. Date: AW Ma City of Virginia Beach Chair, City of Virginia Beach y: Development Authority Approved as to Content: Approved as to Legal Sufficiency: Economic Development City Attorney VBDA approved 2/20/24 and 6/18/24 23 u r s3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with the United States Coast Guard for a 36+/- Square Foot Portion of City Property Located on the Jetty on the North Side of Rudee Inlet MEETING DATE: September 17, 2024 ■ Background: The City of Virginia Beach (the "City") and the United States Coast Guard (the "USCG") entered into a lease agreement for a 36+/- square foot (6' x 6') portion of City-owned property located approximately 25 feet from the breakwater on the north jetty at Rudee Inlet (the "Property"). The USCG installed and maintains the lighting, power supply equipment and associated navigational aids for Rudee Inlet on the Property. ■ The current lease will expire in September 2024. The USCG desires to renew the lease agreement for up to five additional years (the "Lease") for the purpose of maintaining the lighting, power supply equipment and associated navigational aids on the Property. ■ Considerations: The term of the Lease would be one (1) year, with four (4) additional one-year renewal options. Rent under the lease is equal to $100 per year. Further terms, conditions and obligations of the parties are set forth in the Summary of Terms attached to the Ordinance as Exhibit A. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Lease as presented, modify the terms of the Lease, or deny leasing the Property. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate (� City Manager: ?0 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS WITH 3 THE UNITED STATES COAST GUARD FOR A 36+/- 4 SQUARE FOOT PORTION OF CITY PROPERTY 5 LOCATED ON THE JETTY ON THE NORTH SIDE OF 6 RUDEE INLET 7 8 WHEREAS, the City of Virginia Beach (the"City") owns the jetty located on the north 9 side of Rudee Inlet; 10 11 WHEREAS, the United States Coast Guard (the "USCG") currently leases from the 12 City a portion of property located 25 feet from the breakwater and consisting of 13 approximately 36 square feet (the "Property"); 14 15 WHEREAS, the USCG installed and maintains the lighting, power supply equipment 16 and associated navigational aids for Rudee Inlet on the Property; 17 18 WHEREAS, the current lease will expire in September 2024 and the USCG desires 19 to renew the lease agreement for up to an additional five years; and 20 21 WHEREAS, the Property would be used for navigational purposes and for no other 22 use. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager, or his designee, is hereby authorized to execute a lease 28 agreement with the United States Coast Guard, for approximately 36 square feet of 29 property located on the jetty on the north side of Rudee Inlet, so long as the terms and 30 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit A,and 31 made a part hereof, and such other terms, conditions or modifications as may be 32 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works / Real Estate City Attorney CA16552 \\vbgov.com\dfs 1\appl ications\city1aw\cycom32\wpd ocs\021\p051\00967890.doc R-1 September 5, 2024 EXHIBIT A SUMMARY OF TERMS LEASE FOR 36 SQUARE FEET OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach (the "City") LESSEE: United States Coast Guard (the "USCG") PREMISES: Approximately 36 square feet (6' x 6' area) of City-owned land located 25 feet from the breakwater on the jetty on the north side of Rudee Inlet TERM: September 1, 2024 through August 31, 2025, with four(4) additional one- year renewal options RENT: Rent shall be $100.00 per year. RIGHTS AND RESPONSIBILITIES OF USCG (LESSEE): • The USCG shall use the Premises for maintenance of the lighting, power supply equipment and related navigational aids and for no other purpose. Any unauthorized use of the Premises shall constitute a breach of the lease and cause its immediate termination. • To the extent permitted by law, the USCG assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the USCG or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • The City assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. • The City shall notify the USCG prior to the placement of any item onto the structure which holds the light tower and related navigational aids and associated equipment. TERMINATION: • The USCG may terminate the lease upon giving the City thirty (30) days' written notice. �'` LOCATION MAP 6' x 6' Lease Area . t} lk �I 1. RUDEE INLET _ r i fa' i �* 7 40 s vw ,1 6dftfr NI , �� '^ ~- tit-. �� i..• - - '� '�r N •''..L Y ti LOCATION MAP U.S. Coast Guard owned and maintained Lighting and Power Supply Equipment U.S. Coast Guard owned City of VA. Beach owned maintained Dayboard _ and maintained Walkway. Jetty, Tower and Platform Ri.vlee Inlet , lit ' 4 tvolvk east x NU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 750 Sq. Ft. Portion of an Unimproved Lane Adjacent to the Rear of 200 76th Street MEETING DATE: September 17, 2024 ■ Background: On September 20, 2022, by Ordinance ORD-3712C, City Council approved the request by Frank A. Zingales ("Zingales"), former owner of 200 76th Street, and James T. Cromwell Esq. ("Cromwell"), Receiver for Shore Realty Corp., to close approximately 750 square feet of an unimproved lane (the "Right-of-Way") adjacent to the rear of 200 76th Street (GPINs 2419-67-2161 & 2419-67-2183) (the "Property"), for the purpose of incorporating the closed area into the Property. Prior to the conclusion of this street closure action, the Zingales conveyed the Property to Scott Washburn and Volha Washburn (collectively, the "Washburns", and together with Cromwell, collectively, the "Applicants"). The Applicants desired to proceed with this street closure action. ■ Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of the approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. On August 21 , 2023, Cromwell requested additional time to satisfy the conditions set forth in Ordinance ORD-3721 C. Staff concluded that the request for additional time was reasonable, and City Council, by Ordinance ORD-3752C, approved the extension until September 19, 2024. The resubdivision plat submitted by the Applicants to the Planning Department has been approved; however, the lender for the Washburns has not yet signed it. Consequently, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 26, 2024, the Applicants requested additional time to satisfy the conditions set forth in Ordinance ORD-3712C. Staff concluded that the request for additional time was reasonable. ■ Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department ct City Manager: M 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 750 SQ. FT. PORTION 4 OF AN UNIMPROVED LANE ADJACENT TO 5 THE REAR OF 200 76T" STREET 6 7 WHEREAS, on September 20, 2022, the Council of the City of Virginia Beach 8 acted upon the application of Frank A. Zingales ("Zingales") and James T. Cromwell 9 Esq. ("Cromwell"), Receiver for Shore Realty Corp., for the closure of an approximately 10 750 sq. ft. portion of an unimproved, unnamed right-of-way, adjacent to the rear of 76tn 11 Street (GPINs 2419-67-2161 & 2419-67-2183); 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3712C) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 19, 2023; 16 17 WHEREAS, in July 2023, Zingales conveyed his property located at 200 76th 18 Street to Scott Washburn and Volha Washburn (collectively, the "Washburns", and 19 together with Cromwell, collectively, the "Applicants"); 20 21 WHEREAS, on August 21 , 2023, Cromwell requested an extension of time to 22 satisfy the conditions to the aforesaid street closure and, by Ordinance ORD-3752C, 23 City Council approved the extension until September 19, 2024; and 24 25 WHEREAS, on August 26, 2024, the Applicants requested an additional 26 extension of time to satisfy the conditions of the street closure. 27 28 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 29 Beach, Virginia: 30 31 1. That the date for meeting conditions of closure as stated in the Ordinance 32 adopted on September 20, 2022 (ORD-3712C), is extended to September 19, 2025. 33 34 2. A certified copy of this Ordinance shall be filed in the Clerk's Office of the 35 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 36 OF VIRGINIA BEACH (as "Grantor") and SCOTT WASHBURN, VOLHA WASHBURN 37 and JAMES T. CROMWELL, ESQ., Receiver for Shore Realty Corp., (collectively, as 38 "Grantee"). 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 41 of , 2024. No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-67-2161 , 2419-67-2183, 2419-67-1078-1840 & 2419-67-1078-1850 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA 16566 \\vbgov.com\dfs 1\a ppl ications\citylaw\cycom32\wpdocs\d016\p053\00986960.doc R-1 August 29, 2024 2 Location Map is R5R(SN E) R5-R(N E) —Street R'5R(NE) RS.R(N:E) .-- t_ .5th-stre G_ _ R5-R- �N-E) gtreet R5R(NE) ?5th F5R(RN' Frank A. Zingales & James I Cromwell, Esq. N ® site Receiver for Shore Realty Corporation, W117 F - Property Polygons a Defunct Corporation S Zoning portion of the unimproved right-of-way between Building 2009 202 & 204 76th Street -mmFeet 012.25 50 75 100 125 150 Disclosure 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. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Scott &Volha Washburn&James T. Cromwell, Receiver for Shore Realty Corporation a defunct corporation Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. R. Edward Bourdon,Jr.,Esq.,Sykes, Bourdon,Ahern&Levy, P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes M No • If yes, list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. Z"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e re Disclosu Statement Ph .. .. .. -- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the financial institutions providing the service. MERS 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 NO • if yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e SDisdosvre Statement V B , 7 .;, ,., Man ning MM.tt�i'i' 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ NO • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ No • If yes,identify the firm and individual providing the service. R. Edward Bourdon,Jr.,Esq.,Sykes, Bourdon,Ahern& levy,P.C.;Ashley E. Hughes,Esq.,Coleman&Coleman, PLC Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Nkw— Applicant Signature Scott Washburn Volha Washburn Print Name and Title 09/08/2023 09/08/2023 Date is the applicant also the owner of the subject property? ® Yes ❑ No If yes,you do not need to fill out the owner disclosure statement. applications[-.OR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Councii rn('.vtinfr- No changes as of Date p Signature Print Name 71 - Rcvascd 77.09.2020 3 1 P a g e D1Sc�t�Sure.. 6- tellicin— VJU` Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement AM -. ..;... ;.. ..: 'Itrtintiit ,�r:it Owner Disclosure Owner Name Applicant Name Scott &Volha Washburn &James T. Cromwell, Receiver for Shore Realty Corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes i No • If yes,list the names of all officers, directors, members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes M No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"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§2.2-3301. Revised iI.09 2020 5 1 P a g e Disclosure Statement Planning 9, {'OMfrltan��1, Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. t 4. Does the Owner have services from an arch itect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes i No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M No • If yes,identify the firm and individual providing the service. Revised 11.09 2020 6 1 P a g e DlsdosL4i .It Y k_ 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?M Yes ❑ NO • If yes, identify the firm and individual providing legal the service. R. Edward Bourdon,Jr., Esq.,Sykes, Bourdon,Ahern& Levy, P.C. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or commltte in connection with this application. Signature James T.Cromwell,Receiver Print Name and Ti le 2�z3 Date Revised 11.09.2020 7 P €' e ^�1A D SpG2ir tic y. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project#100684, "Seatack Park Improvements," and to Appropriate $3,000,000 in Public Facility Revenue Bonds MEETING DATE: September 17, 2024 ■ Background: Seatack Neighborhood Park, located off of Birdneck Road is a 5.0- acre park that was acquired by the City in 1970. The current park has a small gravel parking lot, playground, baseball field, and basketball court. The neighboring community has requested upgrades to the park to include new and enhanced amenities such as a restroom, 50 space parking lot, playground replacement, a large shelter, and yet to be determined amenities such as a trail or outdoor exercise equipment. The estimated cost of the project is $3 million including stormwater and tree mitigation. The timeline to construct improvements to the park is estimated to be as follows once the department of Parks and Recreation is able to start the project based on available staff time: • Staff Develop Concept Plans — 6 months • Public Input Sessions and Feedback — 2 months • Develop Final Preliminary Master Plan — 3 months • Public Information and Comment — 2 months • Construction Plan Development — 12-14 months • Bid/Construction Award — 4 months • Construction — 12-16 months ■ Considerations: The funding source for this project is proposed to be $3,000,000 in Public Facility Revenue Bonds to be repaid by the Open Space Special Revenue Fund. The estimated debt service is $300,000 annually. The Open Space Special Revenue Fund is supported by a dedication of the restaurant meals tax. Sufficient capacity within the dedication of the Open Space Fund exists for this purpose without impacting existing projects. ■ Public Information: Normal City Council agenda process. This project was discussed at the August 27, 2024, City Council workshop. ■ Attachments: Ordinance, CIP Detail Sheet Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: OW 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100684, "SEATACK PARK IMPROVEMENTS," AND TO 3 APPROPRIATE $3,000,000 IN PUBLIC FACILITY REVENUE 4 BONDS 5 6 WHEREAS, on May 15, 2001 the City Council adopted an ordinance that allocated 7 the revenue generated by forty-four(44) hundredths of one (1) percent of the tax on meals 8 purchased at food establishments to the Open Space Special Revenue Fund; 9 10 WHEREAS, on May 10, 2022, the City Council reaffirmed the goal of the Open 11 Space Program is to identify, acquire, and preserve real estate for future recreational 12 development in the City; 13 14 WHEREAS, at the City Council 2024 Winter Retreat direction was given that staff 15 examine all revenue dedications for capacity that exists beyond known obligations due to 16 operational and capital funding needs exceeding the City's General Fund capacity; 17 18 WHEREAS, the analysis provided to City Council identified capacity within several 19 dedicated revenue sources with one of the identified dedications being the Open Space 20 Program; 21 22 WHEREAS, subsequent City Council meetings included discussion by various 23 members about the potential of utilizing some of the Open Space Program capacity to 24 build out parks; and 25 26 WHEREAS, City Council directed staff to identify $3,000,000 in funding for the 27 expansion and renovation of the Seatack Park; 28 29 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 1 . Capital Project #100684, "Seatack Park Improvements," hereby established 33 within the Parks and Recreation Section of the FY 2024-25 Capital 34 Improvement Program (CIP). The Project Page attached hereto shall be added 35 to the CIP. 36 37 2. $3,000,000 is hereby appropriated to Capital Project #100684. The revenue 38 supporting this appropriation is the use of Public Facility Revenue Bonds. The 39 Director of Finance is hereby authorized and directed to supplement the 40 reimbursement declaration for the PFRB authorization related to the FY 2024- 41 25 CIP to include this authorization. The debt service associated with these 42 bonds is to be supported by the City's Open Space Special Revenue Fund 43 through the existing dedication. 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: Budget and Management Services ttorr(ey40oftrce CA16638 R-1 August 28, 2024 City of Virginia Beach FY 2026 thru FY 2031 Capital Improvement Program Project: 100684 Title:Seatack Park Improvements Status: Proposed Category: Parks&Recreation Department: CAPITAL PROJECTS PLACE HOLDER Ranking: 0 Project Type Project Location Project Type: New Facility Construction/Expansion District: 6 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed C/P Funding Future Funding To Date FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Funding 3,000,000 3,000,000 0 0 0 0 0 0 0 ScopeDescription and This project funds improvements to Seatack park including a 50 space parking lot,restrooms,playground replacements,shelters,and other park amenities. Purpose and Need Seatack Park,located off Birdneck Road is 5.0 acres and was acquired in 1970.The park currently has a playgound built in 2011,a basketball court, small baseball field,and gravel parking lot.These improvements will expand and improve amenities within the neighborhood and establish this as a community park. History and Current Status This project was established by the City Council on September 3,2024.It is funded by Public Facility Revenue Bonds to be repaid by the Open Space Special Revenue Fund. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 03/25-03/26 400,000 Construction 03/25-03/27 2,600,000 Total Budgetary Cost Estimate: 3,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 3,000,000 Total Funding: 3,000,000 GovMax 1 8/28/2024 U S� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: September 17, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The FEMA, the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for VA-TF2 Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the team at an expected level of response capability. The City of Virginia Beach Fire Department is the sponsoring agency for VA-TF2. To ensure that risk management, personnel and building lease costs would be appropriated through the Fiscal Year 2024-2025 Budget Process, an estimate of these costs ($833,414) was included in the adopted FY 2024-25 Operating Budget until the actual amount of the entire FY24 FEMA Cooperative Agreement grant was made available. An additional of$719,970 needs to be appropriated, based on the actual award. ■ Considerations: FEMA has awarded $1 ,553,384 to VA-TF2 for support of ongoing expenses for a 36-month period from October 1 , 2024, through September 30, 2027. The grant does not require a local match. As stated above $833,414 of this funding has already been appropriated. As it has in the past the grant will continue to partially fund three positions, 0.60 FTE for the Fire Department Battalion Chief who serves as the FEMA Program Manager; 0.80 FTE for an Account Clerk III; and 0.10 FTE for an Accountant II. The grant will fully fund 1 FTE for an Administrative Specialist II and one part-time (0.60 FTE) Training Manager. The grant also provides funding for the continuation of equipment replacement, supplies, training, formal exercise costs, and travel expenses. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance levels. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM FEMA FOR THE CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $719,970 is hereby accepted from the Federal Emergency Management Agency 10 and appropriated, with federal revenue increased accordingly, to the FY 2024-25 11 Operating Budget of the Fire Department, for the administration of Virginia Task Force 2. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /I Budget and Management Services City At rney s Office CA16645 R-1 September 4, 2024 `u S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $467,000 in Fund Balance from the Police Federal & State Seized Assets Special Revenue Fund for Police Recruiting MEETING DATE: September 17, 2024 ■ Background: The Virginia Beach Police Department requests that the City Council approve the use of $467,000 in fund balance from the Police Federal & State Seized Assets Special Revenue Fund to purchase the following items not funded through the Virginia Beach Police Department's FY 2024-2025 Operating Budget: ➢ Forensic Desktop Workstations - $40,000 ➢ Accreditation Application and Assessment for Forensics - $20,000 ➢ Police Leadership Training - $150,000 ➢ Development and Production of Podcast - $75,000 ➢ Communication Equipment for SWAT- $10,000 ➢ Canine for Special Operations - $12,000 ➢ De-Escalation Bumper for Patrol Car - $10,000 ➢ Digital Advertising and Recruiting Campaign - $150,000 The forensic desktop workstations will replace two aging workstations used by the Computer Crimes Squad to analyze mobile devices. The current workstations are seven years old with an expected lifespan of five years. They are experiencing crashes when running bigger cases and lacking sufficient storage. Funding will provide two forensic workstations and four monitors. The Forensic Services Unit is working toward the ISO-17020 standard accreditation, which provides confidence in the testing, inspections and calibrations conducted by the unit for use in criminal and civil proceedings. Benefits include standardization of practices, increased likelihood of grant funding, and reputable courtroom testimony. Funding includes the application fee, initial assessment fee, and the first annual accreditation fee. The Leadership funding will be used for opportunities such as the Police Executive Leadership School (PELS), FBI LEEDA Institute courses, the Senior Management Institute for Police (SMIP), or other appropriate leadership courses as they come available for suitable staff. Podcasts offer a unique combination of accessibility, engagement, and versatility, making them effective tools for building brand awareness, establishing authority, and connecting with a target audience in a meaningful way. Hosting a podcast will allow VBPD to showcase expertise as well as humanity. Regularly sharing valuable insights, industry knowledge, and expert interviews will establish authority and build trust with our audience. Consistent, high-quality content will help position VBPD as a thought leader in the industry, which can positively impact perceptions. This will help build trust in the community and will have positive recruiting implications as well. The communication equipment consists of control units, cords, and ear buds to make existing headsets fully operational for the SWAT team. This equipment offers excellent hearing protection while allowing communication in high noise environments. The canine is needed due to an upcoming retirement of a canine for the Special Operations Unit. The de-escalation bumper will be the second added to the Police Department's fleet. This equipment allows officers to bring a suspect vehicle to a controlled stop quickly to end chases and enhance officer and public safety. This will fund one bumper and ten training nets. The digital advertising campaign includes a recruiting website and a measurable digital advertising strategy to support recruitment efforts. This project will focus on marketing VBPD as a desirable place to work and the community as an attractive place to live. Funds are being re-allocated from the previous fiscal year, as the contract was put out to bid, but not awarded. ■ Considerations: According to the United States Department of Justice, seized asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, but cannot be used to supplant local funding. Rather, seized asset resources must be above and beyond City funding. There is sufficient fund balance in the Police Federal & State Seized Assets Special Revenue Fund to cover the amount requested in this action, as of August 2024, the unassigned fund balance is around $2 million. As provided in the ordinance, the City makes no commitment to replace equipment purchased with these funds. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: % 1 AN ORDINANCE TO APPROPRIATE $467,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 RECRUITING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $467,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to 11 the FY 2024-25 Police Department Operating Budget for police equipment and training. 12 The City makes no commitment to replace any equipment purchased with these funds. 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: Budget and Management Services City rn ffice CA16640 R-1 August 29, 2024 f� SSJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Enforcement of Seatbelt/Occupant Protection Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 17, 2024 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are buckled-up. The Public Traffic Safety Enforcement (formerly Seatbelt and Speed) grant will be active from October 1 , 2024, through September 30, 2025. Officers will use the funding for overtime needed for selective seatbelt and speed enforcement. ■ Considerations: The grant provides $122,600 in federal pass-through funding from the DMV. This funding supports $85,500 in officer overtime; and $37,100 for radars and lidars. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match, within existing resources. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ffV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR ENFORCEMENT OF SEATBELT/OCCUPANT 3 PROTECTION LAWS AND TO AUTHORIZE AN IN-KIND 4 GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $122,600 is hereby accepted from the U.S. Department of 10 Transportation, National Highway Traffic Safety Administration via the Virginia 11 Department of Motor Vehicles, and appropriated, with federal revenue increased 12 accordingly, to the FY 2024-25 Police Department Operating Budget for overtime and 13 equipment expenses related to the seatbelt and speed enforcement. 14 15 2. The local grant match of in-kind resources within the Department, equal to 16 50% of the federal funds is hereby authorized. 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: Budget and Management Services ity A rney's ffice CA16648 R-1 September 4, 2024 Yf GNUS r rtr si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Enforcement of DUI Laws and to Authorize an In-Kind Grant Match MEETING DATE: September 17, 2024 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles (DMV) has awarded numerous grants to the Virginia Beach Police Department for highway safety through the enforcement of traffic laws. Among these grants is an award to ensure motorists are sober and not under the influence. The DUI Enforcement grant will be active from October 1, 2024, through September 30, 2025. Officers will use the funding for overtime and equipment needed for additional DUI enforcement, and for two (2) officers to attend annual training. ■ Considerations: The grant provides $55,450 in federal pass-through funding from the DMV. This funding consists of $51,000 for officer overtime; $4,450 for twenty (20) Breathalyzers. It also requires a local match equal to 50% of the federal funds provided. This match may be made with in-kind resources, and the Police Department is able to provide the match, within existing resources. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 16 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $55,450 is hereby accepted from the U.S. Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia 10 Department of Motor Vehicles and appropriated, with federal revenue increased 11 accordingly, to the FY 2024-2025 Police Department Operating Budget for overtime, 12 training, and equipment expenses related to the DUI enforcement. 13 14 2. The local grant match of in-kind resources within the Police Department 15 equal to 50% of the federal funds is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services rney's ffice CA16649 R-1 September 4, 2024 \Nu 8 ; rS N•.y�, roc r.., gTT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the New Mexico Wildfires Deployment MEETING DATE: September 17, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with New Mexico wildfires, VA-TF2 Urban Search and Rescue Team sent 2 members with the Blue Incident Support Team to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to event was $81 ,861.55. In addition, the department is entitled to $2,455.85 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR COSTS RELATED TO THE NEW 3 MEXICO WILDFIRES DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1 ) $81 ,861.55 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of 11 Virginia Task Force 2 for wildfires in New Mexico. 12 13 2) $2,455.85 is hereby accepted from Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Fire Department, for the administration of Virginia 16 Task Force 2's mobilization to New Mexico. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n Budget and Management Services City A me ice CA16643 R-1 September 4, 2024 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Puerto Rico Tropical Disturbance Deployment and to Reimburse Federal Emergency Management Agency for Overpayment Related to the 2020 Puerto Rico Earthquake Deployment MEETING DATE: September 17, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with preparations for the tropical disturbance in Puerto Rico. VA-TF2 Urban Search and Rescue Team sent 2 members with the Red Incident Support Team to respond to this event. In addition, VA-TF2 received final payment for the 2020 Puerto Rico Earthquake Deployment on August 1 , 2024. The total reimbursement was $2,000 more than what was owed. This overpayment will need to be returned to FEMA. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $19,538.76. In addition, the department is entitled to $586.16 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. The $2,000 overpayment needs to be appropriated, so that the additional realized revenue can be returned to FEMA. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR COSTS RELATED TO THE PUERTO 3 RICO TROPICAL DISTURBANCE DEPLOYMENT AND 4 TO REIMBURSE FEDERAL EMERGENCY 5 MANAGEMENT AGENCY FOR OVERPAYMENT 6 RELATED TO THE 2020 PUERTO RICO 7 EARTHQUAKE DEPLOYMENT 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 1) $19,538.76 is hereby accepted from the Federal Emergency Management 13 Agency and appropriated, with federal revenue increased accordingly, to the 14 FY 2024-25 Operating Budget of the Fire Department for the mobilization of 15 Virginia Task Force 2 for a Tropical Disturbance in Puerto Rico. 16 17 2) $586.16 is hereby accepted from Federal Emergency Management Agency 18 and appropriated, with federal revenue increased accordingly, to the FY 2024- 19 25 Operating Budget of the Virginia Beach Fire Department, for the 20 administration of Virginia Task Force 2's mobilization to Puerto Rico. 21 22 3) $2,000 is hereby accepted from the Federal Emergency Management Agency 23 and appropriated, with federal revenue increased accordingly, to the FY 2024- 24 25 Operating Budget of the Virginia Beach Fire Department for the 2020 Puerto 25 Rico Earthquake Deployment and authorized to be repaid to the Federal 26 Emergency Management Agency as the result of overpayment to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Budget and Management Services City ttorney's Office CA16646 R-1 September 4, 2024 4 r� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Beryl Texas Deployment MEETING DATE: September 17, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2(VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. FEMA, the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for VA-TF2 Urban Search and Rescue Team. The team received activation orders to assist with response efforts to Tropical Cyclone Beryl in Texas. VA-TF2 Urban Search and Rescue Team sent 8 members with the Red Incident Support Team to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was$66,112.23. In addition, the department is entitled to $1,983.37 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: fkD 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR COSTS RELATED TO THE TROPICAL 3 CYCLONE BERYL TEXAS DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $66,112.23 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of 11 Virginia Task Force 2 for Tropical Cyclone Beryl in Texas. 12 13 2) $1 ,983.37 is hereby accepted from Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Fire Department, for the administration of Virginia 16 Task Force 2's mobilization to Texas. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's Office CA16642 R-1 September 4, 2024 rri� 'may CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Beryl Puerto Rico Deployment MEETING DATE: September 17, 2024 ■ Background: The National Urban Search and Rescue Team was established by Federal Emergency Management Agency (FEMA) in 1989. It provides the framework for structuring local emergency service personnel into integrated disaster response task forces. Virginia Task Force 2 (VA-TF2) is a specialized rescue organization with members from Virginia Beach and neighboring localities. The Fire Department is the sponsoring agency. The team received activation orders to assist with response efforts to Tropical Cyclone Beryl in Puerto Rico, VA-TF2 sent 2 members with the Red Incident Support Team to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with pervious deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed,- the cost for responding to event was $12,320.00. In addition, the department is entitled to $369.60 in revenue for the cost of preparing these claims, these funds will be deposited into the FEMA Administrative Grant upon receipt. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR COSTS RELATED TO THE TROPICAL 3 CYCLONE BERYL PUERTO RICO DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $12,320.00 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Fire Department for the mobilization of 11 Virginia Task Force 2 for Tropical Cyclone Beryl in Puerto Rico. 12 13 2) $369.60 is hereby accepted from Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Fire Department, for the administration of Virginia 16 Task Force 2's mobilization to Puerto Rico. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ) 2024. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A ornorney�s Office CA16644 R-1 September 4, 2024 �tiU lEq�. Yj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Emergency Management for the Public Safety Answering Points Education Grant MEETING DATE: September 17, 2024 ■ Background: The Public Safety Answering Points (PSAP) Education grant is offered through the Virginia Department of Emergency Management. The mission of this grant is to assist with the implementation of the Commonwealth's Next Generation 9-1-1 (NG9-1-1) system. Funding from this grant can be used for costs associated with NG9-1- 1 migration or for 9-1-1 and GIS education and training. On August 18, 2024, the Virginia Beach Emergency Communications and Citizen Services department received notification of the approved grant award of$5,000. The FY 2024-25 Adopted Budget included an estimate of $4,000 for this grant. The $1,000 of additional funds needs to be formally accepted and appropriated by the City Council prior to use by the department. ■ Considerations: There is no required local match for this grant. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Communications & Citizen Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT FOR THE PUBLIC SAFETY ANSWERING 4 POINTS EDUCATION GRANT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $1 ,000 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with estimated revenues increased accordingly, to the 11 FY 2024-25 Operating Budget of the Emergency Communications and Citizen Services 12 department for the PSAP Education grant. 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: udget and Management Services - ' y3 t r r f Ls'y-'skOffice CA16639 R-1 August 28, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Alcoholic Beverage Control Authority's Youth Alcohol and Drug Abuse Prevention Project MEETING DATE: September 17, 2024 ■ Background: The Parks and Recreation Department's Youth Opportunity Office (YOO) has been awarded a one-year grant in the amount of $250 to implement a Strategies To Act Now (STAN) Plan, which will be carried out by members of the Mayor's Youth Leaders in Action (MYLA) during the 2024-2025 school year. The STAN Plan aims to prevent youth alcohol and drug abuse in schools and communities. This grant was awarded by the Virginia Alcoholic Beverage Control Authority's Youth Alcohol and Drug Abuse Prevention Project (YADAPP). ■ Considerations: YADAPP is a year-long high school peer leadership program that holds a five-day conference each summer, bringing together schools and community groups from across Virginia. Participants at the conference work on developing action plans to address alcohol, drug, and substance abuse in their schools and communities. If MYLA successfully implements their YADAPP 2024 STAN plan, they may also be eligible for the 2025 Wheeler Award, which comes with a $500 grant to be used for continued substance abuse prevention efforts by MYLA. YADAPP aligns with Parks and Recreation's commitment to promoting healthy lifestyles. It also supports the mission of the Youth Opportunities Office to promote positive youth development for all Virginia Beach youth from birth to age 21 through collaboration, partnerships, education, and youth civic engagement, and community investment. ■ Public Information: Normal Council Agenda Process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA ALCOHOLIC BEVERAGE CONTROL 3 AUTHORITY'S YOUTH ALCOHOL AND DRUG ABUSE 4 PREVENTION PROJECT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $250 is hereby accepted from the Virginia Alcoholic Beverage Control Authority's 10 Youth Alcohol and Drug Abuse Prevention Project and appropriated, with revenue 11 increased accordingly, to the FY 2024-25 Operating Budget of the Department of Parks 12 and Recreation for a Youth Alcohol and Drug Abuse Prevention Project. 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: YA Budget and Management Services Ci ttorney's Office CA16641 R-1 September 4, 2024 L. PLANNING 1. MARY LIVELY for a Variance to Section 4.4(b) of the Subdivision Regulations re construct a single-family dwelling for a parcel directly East of 1140 Rollingwood Arch and North of 989 Autum Harvest Drive DISTRICT 1 RECOMMENDATION: DENIAL 2. TIMOTHY PAASCH / OCEAN RESCUE SERVICE INC for a Special Exception For Alternative Compliance re low-speed vehicle storage at 1804 Arctic Avenue DISTRICT 6 RECOMMENDATION: APPROVAL 3. GORDON R. CRENSHAW & HANNAH I. CRENSHAW for a Street Closure re approximately 6,327 square feet of an unimproved portion of Windsor Road adjacent to 1217 North Bay Shore Drive DISTRICT 6 (Deferred from August 13, 2024) RECOMMENDATION: APPROVAL 4. OUR LADY OF PERPETUAL HELP CENTER, INC. for a Modification of Conditions to a Conditional Use Permit re increase the number of units from 120 to 124 and to expand the building by 16,850 square feet at 4560 Princess Anne Road DISTRICT 1 RECOMMENDATION: APPROVAL 5. DOGS REAL ESTATE,LLC for a Conditional Use Pen-nit re residential kennel at 3449 Robinson Road DISTRICT 2 RECOMMENDATION: APPROVAL 6. ROBERT JESSUP/ROBERT &JENNIFER A.JESSUP for a Conditional Use Permit re home occupation at 2940 Dante Place DISTRICT 3 RECOMMENDATION: APPROVAL 7. DANIELLE GOOD/STAR REAL ESTATE LLC for a Conditional Use Permit re tattoo parlor at 397 Little Neck Road DISTRICT 8 RECOMMENDATION: APPROVAL 8. Ordinance to ADOPT a new Official Zoning Map,which shall replace the existing Official Zoning Map,due to a change in the computer mapping format used to store the map data and develop the printed copies. There are no changes to the Zoning District or their existing locations between the current and proposed maps. RECOMMENDATION: ADOPTION � f1 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,September 17,2024 at 6:00 p.m.In the Council Chamber at City Hall,Building 1,2M Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two- step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on September 17,2024. 2. Download WebEx and view the meeting at: httncy//vbgov.webex.com/weblink/register/rd6c3f6b39d1e8 �ffa73fc5376848b6 The following requests are scheduled to be heard: Mary Lively (Applicant & Property Owner) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Address: Parcel directly east of 1140 Rollingwood Arch & north of 989 Autumn Harvest Drive GPIN:14668251.07 City Councll:District 1(Hutcheson) Gordon R. Crenshaw & Hannah I. Crenshaw (Applicants) Street Closure Adjacent Addresses: 1217 & 1223 N. Bay Shore Drive Adjacent GPINs:2418187390,2418187483 City Council:District 6 (Remick) Our Lady of Perpetual Help Health Center,Inc(Applicant&Property Owner)Modification of Conditions(Nursing Home)Address:4560 Princess Anne Road GPIN: 1476439090 City Council: District 1 (Hutcheson) Dogs Real Estate,LLC(Applicant&Property Owner)Conditional Use Permit(Residential Kennel)Address:3449 Robinson Road GPINs: 2412650161 City Council:District 2(Henley) Robert Jessup (Applicant) Robert & Jennifer A. Jessup (Property Owners)Conditional Use Permit(Home Occupation)Address:2940 Dante Place GPIN:1496327363 City Council:District 3(Berlucchi) Danielle Good(Applicant)Little Neck Office Park(Property Owner) Conditional Use Permit(Tattoo Parlor)Address:397 Little Neck Road, Suite 303 GPIN:1487755373 City Council:District 8(Taylor) Timothy Paasch (Applicant) Ocean Rescue Service, Inc. (Property Owner) Alternative Compliance Address: 1804 Arctic Ave GPIN: 2427078360 City Council:District 6(Remick) City of Virginia Beach-An ordinance to adopt a new Official Zoning Map,which shall replace the existing Office Zoning Map,clue to a change in the computer mapping format used to store the map data and develop the printed copies. There are no changes to the zoning districts or to their existing locations between the current and proposed maps. Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-SEPTEMBER 3,2024&SEPTEMBER 10,2024-1 TIME EACH o � O oo o � f R•1-0 _ _, � � ; rca„k r R10 N Site Mary Lively W E ---= Property Polygons Parcel directly east of 1140 Rollingwood Arch S Zoning and north of 989 Autumn Harvest Drive Building Feet 0 1530 60 90 120 150 180 Z y, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARY LIVELY [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the parcel directly east of 1140 Rollingwood Arch & north of 989 Autumn Harvest Drive (GPIN 1466825107). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: September 17, 2024 ■ Background: The applicant seeks a Subdivision Variance to deviate from the required 80-foot lot width and 64-foot minimum street width for properties zoned R-10 Residential for property known as Lot 15-A of Bellamy Manor in order to construct a single- family home. Lot 15-A does not have direct access to a public street with 0 feet of lot width and street line frontage. This parcel was platted 1979 along with Lots 11- A through 16-A with a note stating that the additional lots (11-A, 12-A, 13-A, 14-A, 15-A, and 16-A) are not for residential building sites and are subject to becoming part of the original Lots 11, 12, 13, 14, 15-R, and 16-R of Bellamy Manor, Section B-1 . In 1986, Lot 16-A became Lot 1 of the Stratford Green Subdivision and was platted with frontage on Autumn Harvest Drive. Between 1996 to 2002, Lots 12-A, 13-A, and 14-A were resubdivided and consolidated with each respective residential lot. Lots 11 & 11-A have not been consolidated but remains under common ownership. All these lots now maintain street frontage on Rollingwood Arch. The applicant acquired both 15-A and 15-R in 2007 and sold Lot 15-R in 2009— the lot identified for residential development and with street frontage on Rollingwood Arch. The applicant has retained ownership of 15-A and has been seeking to construct a dwelling on the lot. In 2023, at the conclusion of a civil lawsuit, the Circuit Court determined the location of the 10-foot easement for construction of a driveway to grant access to the site from Autumn Harvest Drive but did not grant the applicant the right to build a residential dwelling. ■ Considerations: The proposed single-family dwelling is consistent with the overall development of the Bellamy Manor and Stratford Green subdivisions. However, the fact remains that this request does not meet the requirements of Section 9.3 of the Zoning Ordinance for a variance to be granted. The owner, of their own volition, sold Lot 15-R in 2009, which was identified on the 1979 plat for Bellamy Manor, Section B- 1 as the buildable lot and which has street line frontage on Rollingwood Arch. By selling to a different owner in 2009 and retaining ownership of Lot 15-A, this Mary Lively Page 2 of 2 resulted in a self-created hardship. As noted in Section 9.3 of the Subdivision Regulations, a personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The Planning Commission concurred with Staff's recommendation of denial of this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Five (5) Letters of opposition &Twenty-three (23) signatures were received about the request. Two speakers were in opposition stating concerns related to negative impacts to property values and safety of the road with the addition of the proposed driveway on the property. ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 3 with 1 abstention. 1 . When developed, the residential dwelling shall be in substantial conformance with the submitted concept plan entitled, "Exhibit of Lot 15-A Subdivision of Lots 15 & 16 Belamy Manor B-1 & Parcel B"", dated April 19, 2024, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the residential dwelling shall substantially adhere in appearance, size and materials to the rendering entitled, "Kroll Enterprise Model 900" dated March 6, 2024, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The applicant shall resubdivide the property to remove the subdivision note that prohibited this property from being a residential building site. 4. The property shall not be developed unless a private utility easement(s) is established to provide utility services to this property. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (5) Petition of Opposition (23 signatures) Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. i Submitting Department/Agency: Planning Department City Manager: 00 Agenda Applicant & Property Owner: Planning Commission • , 2024 CouncilCity - • Project Details Request Subdivision Variance (Section 4.4(b) of the /�`� r"PlCALcr Subdivision Regulations) to— �<' 6"414 G"0)? M4R CBo My -_« Staff Recommendation s ",9 4"O)? �E4k�pLGyoR Denial "pFRD.,._ 4pM�R4TSS JV, " °i oR ft Staff Planner riff rQ� Hoa N. Dao/Marchelle Coleman ` s VB_ ff o� Location < �Tp" <owFR'�..... Parcel directly east of 1140 Rollingwood Arch & , 4" Ro pp north of 989 Autumn Harvest Drive "So GPIN 1466825107 AN�VER RO Site Size 26,797 square feet AICUZ c. " i !l i Less than 65 dB DNL Watershed s Southern Rivers ` zP ' Existing Land Use andZoning District '°' .�tQ . Vacant/ R-10 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-10 Residential x#. o� a a South sp Autumn Harvest Drive Single-family dwellings/ R-10 Residential 'w {�' 16-7 East Single-family dwellings/ R-10 Residential West Single-family dwellings/ R-10 Residential Mary Lively Agenda Item 2 page 1 of 11 Background & Summary of Proposal • Lot 15 of Bellamy Manor—Section B-1 was recorded in 1969. A subsequent plat was recorded in 1979 for Lots 11A through 16A with a note stating that the additional lots (Lots 11-A, 12-A, 13-A, 14-A, 15-A, and 16- A) are not for residential building sites and are subject to becoming part of the original Lots 11 through 16 of Bellamy Manor—Section B-1. • In 1986, Lot 16-A became Lot 1 of the Stratford Green Subdivision and was platted with frontage on Autumn Harvest Drive. The parcel is currently developed with a single-family dwelling. • Between 1996 to 2002, Lots 12-A, 13-A, and 14-A were resubdivided and consolidated with their respective residential lots (formerly Lots 12, 13, and 14 of Bellamy Manor—Section B-1). While Lot 11-A was not consolidated with Lot 11, both parcels remain under common ownership. • The applicant acquired Lots 15-A and 15-R in 2007. In 2009, the applicant sold Lot 15-R, which is developed with a single-family dwelling, and retained ownership of Lot 15-A. • The applicant seeks to amend the 1979 plat, specific to the subject parcel, to remove the note that prohibits this parcel from being developed with a residential dwelling. As Lot 15-A has no frontage on a public street, a Subdivision Variance is required to deviate from the required 80 feet lot width and 64 feet street line frontage for property zoned R-10 Residential District. • Dimensional Standards for R-10 Residential District: Required Proposed Lot Required Proposed Lot Required Proposed Street Minimum Lot Width • - Width Width (squareWidth (square 80 0* 10,000 26,797 64 0* *Subdivision Variance • In 2023, the Circuit Court granted this property a ten-foot-wide access easement through Lot 1 of Stratford Green Subdivision (formerly Lot 16-A of Bellamy Manor—Section B-1 & Parcel B of Property of Elizabeth R. White) for construction of a residential driveway. The Court Order is explicitly for access to this site and does not grant the applicant the right to build a residential dwelling. The court order established the location for the access easement as mentioned in the deeds for the property. • The adjacent lot, Lot 16-A was replatted with the Stratford Green subdivision which effectively made the note from the initial plat that Lot 16-A was not a residential building lot null and void. The reason a subdivision variance was not required for Lot 16-A was due to the change in alignment for Autumn Harvest Drive from the prior plat which allowed Lot 16-A to meet the dimensional requirements for the district and provided frontage on a public street. Mary Lively Agenda Item 2 page 2 of 11 Zoning • # Request % MDC Approved 08/08/2006 MDC Approved 08/11/1998 MDC Approved 09/12/1995 CUP (Private School) Approved 02 12 1990 } � R10 t a �Op R10 R10 0 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ.Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.,Alternative Compliance EvaluationRecommendation Staff finds that this request does not meet the requirements of Section 9.3 of the Zoning Ordinance for granting of a variance.Therefore, Staff is recommending denial of this request with the justification detailed below. Section 9.3 of the Subdivision Regulations indicates that City Council shall not approve a Subdivision Variance unless specific findings can be made. A brief analysis of each required finding is provided below. No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Staff Analysis:A hardship is not the result of strict application of the ordinance as the property was not intended to be developed separately from Lot 15-R when it was platted in 1979. The applicant's action resulted in hardship when she sold Lot 15-R and retained ownership of Lot 15-A in 2009. 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. Mary Lively Agenda Item 2 page 3 of 11 Staff Analysis: The surrounding area consists of single-family dwellings. The proposed single-family developments would not be detrimental or adversely affect the character of the area as it will continue the established pattern of development. 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. Staff Analysis: The proposal is not recurring in nature, an amendment to the Ordinance is not required. 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. Staff Analysis: The hardship is not a result of the physical or topographical character of the property but would be considered a self-inflicted hardship resulting from the applicant's action of selling Lot 15-R and retaining ownership of Lot 15-A. 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 Analysis: The hardship is created by the requirements of the Ordinance. The property is landlocked, thus, not meeting the minimum dimensional standards for property zone R-10 Residential District for Lot Width and Street Line Frontage. The property was allowed to be platted in 1979, not meeting the development standards, since it was not intended for a residential building site. While the proposal to construct a single-family dwelling at this location is consistent with the development pattern in the area, the fact remains that this request does not meet the requirements of Section 9.3 of the Zoning Ordinance for a Variance to be granted. It was the applicant's action of selling Lot 15-R to a different owner in 2009 while retaining ownership of Lot 15-A that resulted in a self-created hardship. Based on the considerations described, Staff recommends denial of this application. Staff has included a list of recommended conditions should the Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. When developed, the residential dwelling shall be in substantial conformance with the submitted concept plan entitled, "Exhibit of Lot 15-A Subdivision of Lots 15 & 16 Belamy Manor B-1 & Parcel B"", dated April 19, 2024, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the residential dwelling shall substantially adhere in appearance, size and materials to the rendering entitled, "Kroll Enterprise Model 900" dated March 6, 2024, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Mary Lively Agenda Item 2 page 4 of 11 3. The applicant shall resubdivide the property to remove the subdivision note that prohibited this property from being a residential building site. 4. The property shall not be developed unless a private utility easement(s) is established to provide utility services to this property. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property within the Suburban Area. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods. Neighborhoods are defined as "a cohesive arrangement of properties...within an area most or all of which are residential". Ultimately the proposed development appears to align with the recommendations of the Comprehensive Plan for this area since the residential character is maintained. ResourcesNatural & Cultural • The site is located in the Southern Rivers Watershed and there are no known significant cultural resources associated with this site. Drainage in the Southern Rivers Watershed is highly impacted by the presence of high ground water, poorly draining soil, and high water surface elevations in downstream receiving waters. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Autumn Harvest Drive No Data Available No Data Available Existing Land Use 1-0 ADT Proposed Land Use 2- 10 ADT 1 as defined by a 2 as defined by a vacant parcel single-family dwelling Mary Lively Agenda Item 2 page 5 of 11 Master Transportation Plan(MTP)and Capita/Improvement Program(CIP) Autumn Harvest Drive in the vicinity of this application is considered a two-lane undivided local street. There are no roadway CIP projects slated for this area. Public • . Water&Sewer The site must connect to City water and sanitary sewer services. A private utility easement will be required for the water service line and sanitary sewer lateral crossing the adjoining lot. Sewer and pump station analysis for pump station #439 is required to determine if future flows can be accommodated. Public Outreach Information Planning Commission • One letter of opposition was received from the adjoining property owner on Lot 1 of Stratford Green Subdivision and a petition with 23 signatures from neighboring property owners requesting to deny the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 31, 2024 and August 7, 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 July 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 3, 2024 and September 10, 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 30, 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 September 13, 2024. Mary Lively Agenda Item 2 page 6 of 11 THIS IS TO CERTIFY THAT ON OCTOBER 10.2023 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AO THE TIRE LINES AND THE WALLS Or THE EAAIDINGS ARE AS SHOWN ON THIS PUT.THE BUILDINGS � STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCMCHMENFS OR OTHER RANKS EXCEPT AS SHOWN. THE PROPERTY SHOWN HEREON APPEARS TO FALL ASIDE THE ZONE AND ON THE MAP PAGE SHOWN BELOW.REFERENCE NATIONAL FLOOD INSURANCE PROGRAM(NFIP),FLOOD INSUPAICE RATE YAP(FIRM) FOR THE CITY OF VIRGNLA BEACH,VOIGINA(OOMaINNY 1515531)REVISED:MARY 15,2015.ZONE:X.HI1P PANEL 91,SUFFIX G OF 300. I � 1 1 14-At BELLAMY MANOR P ) SECTION 8-1 (INSTR. 200208203019225) GPIN. 1466-82-4399 STRATFORD GREEN L=22.11 /1136 (INSTR.200208203019225) ROLUNUM ARCH GPIN: 1466-82-6280 _ r981 v ar r AU• 6TUMN HARVEST DRIVE Q Pbe 120O1Y(F) RAfI S58.54'52 E 222.00' 61Aod FrNr ) 12ai9'(P) % a MPodd Nhod see Q w K 20sa m ---------- ---- -------------- I INAGE QQ UTRJTYAEASEMENT --—--— 0 (M.B.135,P.29) t. Zt 8'Aletd Pout Z 15-RI �. J BELLAMY MANOR off I SECTION B-1 - ee GP N.B.4686 15-A f^ S1RAIFORD GREEN - -2651 82 (M.B. 135, P. 29) (D.B.2567 P.2175-PUT) 1140 )' GPIN 14¢6-82-6160 EXHIBIT ROUINGWOOD ARCH F;I AU gas TUMN DRIVE Sim l l - LOT 15-A L--------------------------- ------ o-- --- I. La OF LOTS 15&16. 30'51 I ' 5'DRAINAGE k Bom mm B-1 UTILITY EASEMENT N58'S4'52'W S23'0524*0- PAR A M WHITE) (M.8.135,P.29)PAIL B (U 10.10' 9.45' (M.B. 135, P. 29) _ J VIRGMIA BEACH,YIRGINW ,--'i ---.------------- ------------- FOR N58'54'52'N 222.00' Mary Lively N23A5'24'E a® zF.i'T °1i�° s1sT 1os5' sa+r, AWJ ZONED: R10 per GI5 ® 10' DRIVEWAY 10 ( 406'(+/-)to zo'Cw..rac GPIN: 1466-82-5107 6—R 101A�EMLNTI k• Fabom I.M. &swnlyAsgociates, Ffye BELLAMY MANOR STRATFORD GREEN D.002 Acres SECTION B-1 Inc. (M.B.82,P.3) (D.B.2567,P.2175-PUT)urveyors CPI : 1466-82- 107 GPN: 1466-82-4120(M.B. 135,P. 29) AUTUMNARVEST DRNETOAD SLTTE 9ID 1144�Ap{i M52IN., ROLLM ARCH t� AUTUMN HARVEST(50'R/N') DRIVE DATE:April 19, 2024 (D.B. 2567,P.2175-PLAT) `g D SCALE: 1'= 25' Y7 01 ID rm >? y D �1 — O_ rrDD 3 rD N IV _< Proposed Home Rendering T i y ,, dsaaq� a Mary Lively Agenda page 8 of 11 >� r4 E :zi ate-+ O ..i". e.�.... M 'O mo w"d� c3" oc•.. snot i" no�oa Tnti�rw�cY �°'�•�'.'% �'9is+a'sr�.`!r'/`d/`�� s'f07 f0 4� Q- OYN�61%rJp�Yavr�d�l_ f �J* _....-- 6uiva�.�q cyc faa!gi�G`�avo�rn •^�fi3 tSC�iP/i/�q Q .101-1 aio ,c...,dCvvOii i/iY077-� w• w+ C/Y �av7sv f+.oA fit III /�'IGV6YiriOp/l� OG�1ti1.�Y/77t2J p i-B No`u.%vS• DOWVW�,�Mnrp �.ns.,s•'� V �,//� y 0 a-a 0 D:G/ 6 r m• A( filw G r..rr • /o. bq Q, n. .• p.�.n' C 4 ro. �Y �C r-sr v-s/ �• v-vr 3 rr'r ro' ./• ti -BO: AL AL m O •'� SVt Va . ' .;1 'rA.:.7 rr.o a rL...-+d +o..�.w. ..ra.v ....>..+<«e•.rn...e.o,«.o�.a.:,o.:.•�.p..`o.,yi...s•.�w.6e �..r„5,../..>. w,...,is...w.+.w'�,a_.........,.+.•�+.. wwv....•.e_w`Y_Pi�-n..e�,o..ern ..ws+w.... • P� .a.eV.v-.w...,e„e�/w'rrwe.r.v..,s./<... 'f��w•�l �.�• ✓ � '�U ♦1.r./w6++�Mc•>rw��ow N•'nayar.u♦un..nwn«+r .Y'M••O �v.�%l M •YM'•�'e'J�^,sn6"•'w.P'v'3 ^5.yr. �.«♦y V>Pr.Y.rnw✓•/..t ... P.q,e..NM Gn.• ♦ XVF ./MO a'r/�•�.yey'r�...�.y .rYi/ . ...waa ..v...-.yy ./.r.w+.e6...e.+ /"r"/l"'rfr..%.�.- o..-6s. s�-> 'rr.•y..•+ _ G3 • � .fr M�+...Y.o.♦m.+.o ry..,�«�is oo.,r sv. .'gtlp.r+gy/,....e.....as.,......0+w ,•.�,,...o•o ...:.,. ......,.,..w...... ..w.«y.r ae/e w♦r.....a..p+.ro a e w r.eo..we Stove icb _..o.w -%•bd]rrv/,w.w n....+*.-..rro }� rt r.e. .1..:.+....>«o • (f+Y..'w v a.'..y...6'..y...e/•w.....�r reef.:a�v wsi••e -a.,r.....•...r.1ro ....� y.,.ee...LV�e...,.,,ov ....'%e.+vr'4 r�r-••w.o yse.A.,...&s./.r...�♦...>..�.w .o.9w....wo iw�n6.qs l'«P.' �..�•.. +rnu�i r .wn• Ww_.o..o w•o.w� •.+eu•M'•• — __.w_rrr.wo/.ZRr.•/fin.''/� -�.r„v.y-/.H.« .n swe...✓YYe.»i..a .e�./�1•s. .ee+. +v.w. ...J.r ro ee.......eo •'r .. -_r/WV�'�'•O' •N'q•F•�.woycy A♦ypv o •i ♦ d.♦.vw .v.e✓.• 1.• w.Naw�p wi N.....e•M•..• .a♦/•4.H'r�++ • ��i��r r//r.w+vi..'rr•r p a..o..-.A..w.o wl ♦__7�o M•J b+.+v w•.ofs.w1•owa,o►l v�J o'N.ore F+vl u.. Site Photos a � ¢ v . Y, w 4 � +� �' s <' y �:� ��,''�►�}� „r�� teal', - � '4, i 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. Mary Lively Agenda Item 2 page 11 of 11 VBCITY OF VIRGINIA 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. APPLICANTSECTION 1: APPLICANT INFORMAT90N Applicant Name:. , as listed on'application Is Applicant also the Owner of the subject property? yes® No(D If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes® NoO If yes, name Representative: h((c1f>�2 A , i/VAMP " Twoye I-A'ug12-; 14)/-06W S7' duaR Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? YesONop PLC- 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.) 1 Does the subject property have a proposed or pending purchaser? Yes U 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 the subject land or any proposed development contingent on the subject public action? Yeso 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, cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 SECTIONAPPLICANT • -d SERVICE YES NO SERVICE PROVIDER _ Name entity and/or individual Accounting/Tax Return Preparation O ® _ Architect/Designer/Landscape © e Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent O AA 4Wj FAYI A SWC. r-,PJ4 Legal Services -- _ _ .._.._ ® C) ( N MaM 9, ST glad,izp P4 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. /1/1 14W G!f/�G �� �G , 046 27, ZQX Applicant Name (Print) Ap ' nt 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. z "Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared management or control'between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/28/2024 Marchelle L. Coleman 8/28/2024 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Virginia Beach Planning Commission June 12, 2024, Public Meeting Agenda Item # 3 Mary Lively RECOMMENDED FOR APPROVAL - CONSENT Clerk: First up on our regular agenda is agenda Item #3, Mary Lively. It's a subdivision variance request for section 4.413 of the subdivision regulations at the parcel directly east of 1140 Rollingwood Arch and north of 989 Autumn Harvest Drive in District 1. Mr. Alcaraz: You can come forward, the representative, and state your name. Mr. Inman: Good afternoon, ladies and gentlemen, Mr. Chairman, members of the Planning Commission, Mike Inman, I'm Inman Strickler, here to represent Mary Lively on this application, we have exhibits that we would need to refer to need to pass out to everyone. As you heard this morning, there seems to be a lot to this application when you start to dig into the facts in the background on the property. This has been a litigation, and there's been a lawsuit that was initiated by us because of the fact that the neighbor in lot 16A that you heard about this morning, that was part of the subdivision at hand,was not willing to cooperate with the use of the property as a residence by the applicant here. As a result there was, and the packet that you have contains the order from that, and I want to point out a couple things in that order. I realize I've only got 10 minutes to do all this. I also want to let you know that present is Mary Lively, who is the owner of the property. The gentleman sitting to her right is here in case you have questions about the site plan. That is a part of the packet for the building of the house. My partner, Jeannie Lauer, is sitting there next to Mary, should there be any questions and such. So, looking at the court order that I passed out, I want to point out first, quickly, that the first paragraph states there is a valid express easement in favor of Mary Lively for the property known as 15A, for ingress egress across the property of Hawkins. It was a recognition of an easement that actually had been developed and recorded with various deeds over a period of almost 40 years from 1979 to the time of this suit. The third paragraph says that Mary Lively would be permitted to improve the easement by installing a driveway with an improved and a paved surface no more than 10 feet wide with an apron at Autumn Harvest Drive that may be as wide, but not wider than required by governmental permitting, and paragraph 5 is a requirement to give notice to the neighboring property formerly 16A, now has become, which we'll get into lot one in another subdivision to give notice to that neighbor that they're commencing or that shall be accessing the easement area across lot one on a daily basis for purposes of construction of an approved driveway and residential structure, and thereafter on a daily basis as customarily employed by owners and occupants of residential real property. So that's some important provisions that are set forth in the court order. I also provided to you a series of deeds, which I don't expect to go through in any great detail, but I wanted you to have them because in each case it contains an easement for access for ingress and egress to the property from Autumn Harvest Drive across and through Lot 16A. Now, I'm trying to not get confused, but we'll get there eventually. Lot 16A was part of a six lot subdivision which contained lots that would have initially appeared to be not developable or not buildable, because they didn't have street access. So, it was necessary for at the time of these deeds running from 1979 all the way up to 2001,when Mary Lively obtained a property to make sure there was a express easement carried forward for access to Autumn Harvest Drive from her lot 15A, and that's what those deeds accomplish. There is also, I would like you to note attached, I think it's the last document, there's a plat of Stratford Green. It may not be the last one. There is a plat at the bottom right, says subdivision of Stratford Green. In the upper left, you see Autumn Harvest Drive. It's the very upper left hand corner of the plat where initially Autumn Harvest Drive dead ended into lot 16A. In approximately 2000, or 1986,there was an extension of Autumn Harvest Drive,which,as you can see on there,took it past, they've already shown on here, lot 1, lot 1 on this plat used to be 16A, and then it runs within 10 feet of 15A. That doesn't show up clearly on your plat, the 15A is next to 14A. But that's the Mary Lively property, so the curve of the road did not, for some reason, make it all the way to the property line of 15A and fortunately,that property is benefited by an express easement to get to Autumn Harvest Drive. Then the last thing is at the bottom right corner of a plat that we just gave you, it says it's a replat of lot 16A, which is interesting because what occurred back in 1986 is the owner of lot 16A took it out without any discussion with anyone,took it out of the subdivision and relocated it into a new plat, a subdivision of Bellamy Manor. So,there was a notation on the plat,but the fact that used to be used for residential use only. However, lot 16A was removed and made lot 1, and a house was built on it, and so for that reason when Ms. Lively, purchased well,she first had lot 15R,which was attached to 15A. However, that was, you know, 20 years before. She had every reason to believe that the express easement in her deed that had existed since the inception of 15A, together with the example set by lot 16 being terminated, and made into lot 1 with the construction of a home. This all indicated that at some later point, she would be able to construct a home on her lot 15A. Mr. Alcaraz: Mr. Inman, your time's exceeded, and if I can call you up on a rebuttal maybe you could bring that up, but because your time has exceeded I need to get to the opposition, and then we can call you back up. You had 10 minutes you're past that. Is there any opposition? Clerk: Yes, Mr. Chairman, we have three speakers in opposition. Mr. Alcaraz: We have three speakers? Clerk: Yeah, I'm gonna start with Clifford Ramsamudge. Mr. Ramsamooj: Good afternoon Planning Commission. My name is Clifford Ramsamooj. I am the property owner for 989 Autumn Harvest Drive, which is lot 1 Stratford Green, and I am in opposition to the subdivision variance request. Also,I'm in complete agreement with the staff recommendation for a denial. They did a very, I feel like they did a very detailed analysis of the request, so I'm in complete agreement with that. I'm in opposition because any development of that lot will result in physical and subsequently monetary damages to the property that I own and that is all. Mr. Alearaz: Any questions? I have one. So, this document that was just brought to us, there's something on here that I wasn't aware of,but you're familiar with the court order? Mr. Ramsamooj: For the easement? Somewhat. Mr. Alearaz: But there's a statement in here on page two, paragraph five, that I wasn't aware of. It's kind of completely changed my whole evaluation of this,but it does say in residential structure, in the court order. I did not know this until I just saw it. Mr. Ramsamooj: I wasn't aware of it either. Mr. Plumlee: When did you purchase this lot 16? Mr. Ramsamooj: It was August 27,2023. Mr. Plumlee: 2023. Last year. Gotcha. Mr. Ramsamooj: So we have recently moved to the property. Mr. Alearaz: Thank you. Next speaker. Clerk: Brad Wessler, followed by our Webex speaker, Dennis Carlson. Mr. Wessler: My name is Brad Wessler and I'm respectfully asking the members of the Planning Commission to vote against the request to deviate from the required lot width and street line frontage on property zone R10. My wife and I purchased the residence located at 1140 Rollingwood Arch, which is adjacent to the lot in question over 15 years ago. Our property lies directly to the west of the lot in question. Prior to the sale of the property, Ms. Lively made the conscious decision to subdivide the lot that the residence initially set upon since it was built in 1971. When this decision was made, the lot behind our residence, the one in question became landlocked, and according to several city codes, the structure could not lawfully be built on this property. Specifically, the lot does not have the required access to roadway within the required proper street frontage as mandated by current city code. City codes are put in place for specific reasons. While we might not agree with all of them, the codes are established to maintain order, safety, and consistency for the majority of the community. The codes are designed to ensure the government has the best entrance for the entire community in mind. By approving this deviation,the Planning Commission is putting the wishes of just one person, a person who does not even live in this community, above those who do reside here and are directly impacted by this seemingly simple decision. If this request were to be approved, several negative impacts would immediately take place. First, land would be forcibly taken from the current residence of 989 who just spoke and stated he did not want to give up a portion of his front yard to have the required driveway built to that lot. Four mature trees would have to be removed and substantial construction to remove a sewer line would have to take place. The land that served as part of our lot, 1140 Rollingwood Arch, my backyard since the residence was built in 1971 until it was subdivided in 2009,would basically have a house crammed onto it. It barely fits to the lot dimensions. Finally, it is important to note that 13 residents are also directed by this decision. To the north of the lot in question, 13 families have similar lots and enjoy property as it was originally designed. These families would also lose the easement access they currently have to the rear of the properties. When I try to explain to you how this decision would negatively impact our community, the analogy that keeps coming to mind is that is putting a square peg in a round hole. Yes,you can cut it, force it, and jam it in, and eventually it'll fit. But is that really the best option? For over 50 years, city codes have designated the line in question as unbuildable, despite the changes. I'm respectfully asking each of you to vote no on this request, and allow me, my neighbor directly behind me,the residents of 989 Autumn Harvest Drive, to keep our lots and land as it was originally intended to be used. While the lines on the screen may not seem much to each of you, they represent the quality of life each of us hopes to enjoy for at least another 50 years. I'd also like to point out that Ms. Hawkins fought this, who is a resident of 16A, for over 15 years until her death in litigation. That is why things have suddenly changed drastically. I'd also like to add that I have petitioned, or where I gathered 23 signatures, which may not seem like much,but it's a very small neighborhood,that are also against this approval being approved. Thank you for your time. Mr. Alcaraz: All right,thank you. Any questions? Go ahead, Mr. Plumlee. Mr. Plumlee: Mr. Wessler,were you involved in the litigation at all directly? Mr. Wessler: Not directly,no sir. I'm very aware of what was going on. Mr. Plumlee: You're aware of it, but you didn't participate in it. You said, I'm sorry, I forgot her name, the owner of 16 A. Mr. Wessler: Yes, Ms. Hawkins. Mr. Plumlee: Ms. Hawkins. Was she the owner at the time that, that 16-1 had been subdivided away? Mr. Wessler: Correct. Mr. Plumlee: She was, and so she got the benefit of that subdivision, isn't that fair? Mr. Wessler: I'm not sure if I understand that question. Mr. Plumlee: So, she held on to 16A, and then had 16-1, that backside of her lot, I don't know what else to call it, that had been taken and then put in this separate subdivision. Is that fair? Mr. Wessler: She purchased a lot in the back of the property. Mr. Plumlee: Okay. She was the prior owner before the gentleman that just came up. Is that correct? Mr. Wessler: Yes, sir. Mr. Plumlee: Okay. Now I understand. Mr. Wessler: She built the home. Mr. Plumlee: At the time of that subdivision in 1986, were you an owner in that subdivision, that community? Mr. Wessler: I was not. Mr.Plumlee: You were not. Okay. All right. Mr. Alcaraz: All right, any other questions?No, thank you. We have the Webex now. Clerk: Calling our last speaker via Webex, Dennis Carlson. Mr. Carlson: I am a resident on Autumn Harvest Drive, and my only knowledge of this is having looked at the document that was provided to the planning commission, the proposed plat, it seems pretty obvious to me that if this were to be approved, the variance that is, that would really affect the, not just the quality of our life and access to. I don't know if you, if you heard me. Yeah,this is a comment in opposition, and it looks like it would violate the property rights of the owner of 989 in terms of building a— Mr. Alcaraz: Just state your name. Ms. Lauer: My name is Jeannie Lauer. I'm an attorney with Inman and Strickler. I represented Ms.Lively in the litigation related to the easement which is why I've been asked to rebut. With all due respect to Mr. Wessler, who purchased 15R,which is the house,which is the lot with the house, and Ms. Lively owns 15A,which is behind it. She owned both of them. She sold to Mr. Wessler. Mr.Wessler was aware of the fact and required a release that she would never seek to go through his property to get access to a road. He was intimately familiar with the fact that there was an express easement and required Ms. Lively to enter into. He wasn't interested in purchasing 15A. So, he wanted to make sure that she only tried to use the easement that she already had through 16 because she had already stated her intention to build a house or to try and build a house, which is what she's been trying to do since the very beginning. The last document that Mr. Inman tendered up to you in his packet was the city simply required that there be a replating of 16 where the house was built, that Ms. Hawkins lived in, that the first gentleman now lives in, and all it said was, this is a replat prepared for review and approval of a building site, and with that all of the negative language about not being a building site was gone. It was simply approved by the city. No variance was necessary. Built a house within a few months. Mr. Plumlee: This 1986 plat was signed by the planning director? Ms. Lauer: That's correct. Mr. Plumlee: And the Director of Public Works. Ms. Lauer: That's correct. And that was all that was required. No consent on behalf of 15, 14, 13, 12, and 11, any of the other lots. The original appendage, according to Mr. Wasserman, and Mr. Compton, and Mr. Thompson, who were the purchasers,and re-subdivided the property from parcel B from Ms. White down to the six parcels, was that they appended the note simply to indicate that they weren't going to build on it, and their plan was perhaps to make them part of, but if you see the succession, there was never a deficit in the property in that it couldn't be used as a buildable site, it was nothing required by the city, it was a note voluntarily placed by the individuals who purchased the property, and as you can see, was readily dispensed with by 16. As far as Mr. Ramsamooj, who owns 16 now and is talking about his trees,no matter what this planning commission does, Ms. Lively has a right to build her driveway through. She's going to take down those trees and she's going to put that driveway in. There's no doubt about the fact that she has the right to do that. The only issue is, does she build a residential structure? That was always anticipated in the litigation. Kevin Kemp the zoning administrator here,testified that that would not be a problem so long as it otherwise met the requirements. This is a lot that is twice the size required. It's 27,000 feet, 10,000 is all that's required. So it is not squeezing anything in, and Mr. Ramsamooj, purchased the property with full knowledge of this order. It was required to be recorded. It was recorded June 14,2023. He didn't purchase the property until a few months later. He had intimate knowledge. If he was misled by the sellers as to any aspect of that,he had a clear order that told him everything that you've just read about a driveway, a residential structure, removal of trees, he bought with full knowledge of what was going to happen with that property, and we made every effort to have the property,the driveway moved down. It would have been in the middle of the property rather than farther down the driveway placement if Ms. Lively hadn't otherwise agreed, but that's what we were always striving for was to cause the least impact,but the bottom line is she has had these rights. It was not self-inflicted. She had these rights. It was never a landlocked parcel. It always had an easement from the moment of its creation. That's all the court found. It didn't create a new easement. It merely observed that there already existed one, that it was not a landlocked parcel, that it was intended for vehicular traffic, which under the city code is actually a street because anything which is provided for city traffic,public or private, is a street. So, she has a street and the analysis done by staff doesn't account for that. Mr. Plumlee: So that would afford her the right along that public street to place any type of easement necessary for utilities for access to the lot. Is that also true? Ms. Lauer: That is also true,but the order, if you look at it, also calls for the placement of utilities. It says that she has the right to relocate, move, or place, as in new placement,of utilities in the driveway easement to the extent that that's necessary. We made sure that that was something that would be available. So, we've covered all the bases in the litigation and this was a five year process. Don't think that Judge Mahan overlooked any aspect or detail. If any of you know him, you know, every I was dotted, every T was crossed. Everything which was necessary to enable Ms. Lively to use her property that she has owned for a long period of time and exercise all of her rights pursuant to the terms of the city code, we're followed. We did everything right. The judge said we had a right to move forward with it, and more importantly, without even a glance at Ms. Lively, you let 16A, Ms. Hawkins,build her house when it had a building lot restriction. All she had to do was file a new plat. Didn't cost her nearly as much. I would simply ask that you continue to afford her the same rights that were apparently casually given to someone who had never lived in the neighborhood before, and Ms. Lively would very much like to be able to live there again. Mr. Alcaraz: With the opposition, is there any other things you need to say or rebut to them? You may, it's just a chance. Ms. Lauer: I believe that it's very clear if there are any questions about the order, the intent, the long history of this case, or the use of the property, I would welcome them,but we're just asking for everyone to be fair. Mr. Alcaraz: Any questions Mr. Plumlee? Mr. Plumlee: Just if you could cover your thoughts because, in my view, this has been about the variance request. Okay? So let's just move aside the ownership rights and talk about the factors of the variance. If you could address the comments of staff with regards to those factors, and your rebuttal to those, I think that, that would be important to understand. Ms. Lauer: Well, I think first of all, it's important to recognize this is not a landlocked property because it always possessed a street,under the city code definition, and easement from its inception. It's on the original subdivision plot, it's in the deeds. So, it already exists. It's not landlocked and that's error. The other issue as to the analysis has to do with whether or not, the city code also says that you just have to have access to a public street,which she does. That's under the provision. As far as the self-inflicted harm, that's not true. Self-inflicted when the Supreme Court talks about that and analyses that statute has to do with whether or not you have already done something for which you are asking forgiveness. In other words,if she built the house and then said, hey, can I have a variance? That's self-inflicted. If you do something wrong and ask someone to fix it, the old forgiveness versus permission, that's self-inflicted by definition. As a matter of law, self- inflicted is not merely owning the property. When they say she sold the other lot in 2007 and created the harm, that's impossible because the staffs objection is that there is a notation on the plats that says you can't build. Whether she owns 15A or 15R or doesn't own 15R,it's the same thing. How can it be self-inflicted, if their objection would be the same whether she owned all of the lots around it or not? So that's just legally wrong. Does it create a hardship? Yes. If you deny her the variance, then under the old standard,which was higher, legally,which said that you deny her the use of the property at all. The only thing she can do is build a house on the property. If you deny her the variance,you have completely denied her any opportunity for the use of her property. That is a hardship. It is an economic hardship. It is an overall hardship. It is the complete loss of the use of the property. So it fits the definition. It's in the disjunctive in the statute and your staff has already said that otherwise it meets the criteria, they just had an objection about whether or not that was self-imposed hardship. It was not. She had the right to rely on 16 having 20 plus years of having a house there, and she knew she had an easement since she originally purchased the property. So there's no self-infliction in this case. This is just a question about meeting the terms potentially of the variance rather than just replating it. She's clearly entitled to do that because there is no other alternative for the use of the property. Mr.Alearaz: Okay, any other questions? Yes, Mr. Cromwell. Mr. Cromwell: Why did it take five years for the judge to resolve the matter if, and you said that she's already had the easement since day one? Ms. Lauer: Because the other side fought it. There were multiple continuances. There was COVID. So,we had a pretty significant break in there. It was filed in 2019. COVID came in 20, derailed us from two trial dates, but ultimately, it was determined. I think they stopped fighting about whether or not, at first they said there was no express easement, that we had abandoned it, because we weren't using the property, because we couldn't use the property,because they wouldn't let us get access to it or build a house on it. So, it's sort of circular,but I think the order speaks for itself. It resolves all of the issues, tells us everything that we need to know, plus they wouldn't agree to where the driveway placement was,so while we had a preliminary, we had an order allowing the easement a year prior to the issuance of this order, the final order. The judge asked us if we could please try and find a location, and we had to work with the city to find what the farthest to the bottom of the property, we could put the driveway that required some coordination of effort. So the city told us where the farthest was because there are some things we can't move. I think some stormwater drains that could not be readily moved. So, we were working with the city and with Ms. Haugen's council to try and find that most effective, least impactful on the property location of the driveway, which is what you have now. The judge determined that that was the least impactful. Mr. Alcaraz: All right, any other questions? All right, you may be seated. Now we'll close and open for discussion with the commissioners. Would anyone like to start? Naomi, go ahead. Ms. Estaris: Does any of the opposition have any statements to go against what was already heard by legal? Mr. Alcaraz: We're in closed session now because I think you wanted to say something earlier. Clerk: I don't believe they can come back up. Ms. Estaris: Actually I spoke to Clifford as I was doing the assessment, and I was looking at what was actually positioned by staff, and the challenge is defining the variance, and that's really what was in question, and I still am in question, in quandary of that. I know that staff had presented a court order stating that the court order is explicitly to access the site and does not grant the applicant the right to build. But now seeing the court order, it actually now states differently, and so that's why that was the greatest concern for me, that if a court order was stated that there was no intent or was not granting the applicant to be able to build, but now looking at this newly, I love having these new documents day of, but actually this states here that the court order does allow, and it actually expresses an approved driveway and residential structure. So that totally goes against what was presented to me earlier. I agree about the hardship. When I read this originally, it was like you sold 15R and 15 was not intended to be built on, and I felt like that hardship was self-inflicted. That's how I define the self- infliction. Although you felt otherwise. But those are my two aspects in regards to the variance. If anybody could just speak on that. So it's kind of concerning as to conflicting information being presented. Mr. Alcaraz: All right. Mr. Plumlee? Mr. Plumlee: Yeah, I appreciate everybody's information about this side. I took a close look at the lot, and looking back and knowing there was this express easement going all the way is very important to me to know that there was 16-1 or whatever it's called that had been deeded out without objection, signed by planning, signed by Public Works, is very important to me. To know that the order was filed in May of 2023, and the person bought their house in August of 2023 after that filing is very important to me to understand because people have title insurance. They have lawyers working on closings. They go through all this to make sure what they're buying and selling is lawful, and I see that her rights were protected, and I see that the court went far enough to demonstrate in an order its intent. Looking back at the idea of hardship, well if she couldn't be on a public street at that point, and was later given a defined area, I believe that is a hardship, and it's not self-imposed if she held that right. That's a flip view from what has been expressed and I understand that. But it's important we understand how much this person has been through to have this right in this lot, and while we're going to say 16-1 can be its own standalone lot, but Hers' cannot be, even though she had this right, I don't think that would be appropriate, so I've moved to approve this variance for those reasons, and the reasons given by the applicant. Mr. Alcaraz: Are there any other comments? So,we have a motion by Mr. Plumlee. Ms. Hippen: I'll second. Mr. Alcaraz: Second by Ms.Hippen. I have one abstention by Ms.Byler. Are you going to read something? Ms. Byler: I have a letter on file. I'm abstaining from comment and from vote because the law firm where I work was involved in the litigation earlier. Clerk: The vote is now open. By a vote of 7:3 with one abstention from Ms.Byler, Item 3 has been recommended for approval. Mr. Alcaraz: All right, thank you. Next item. What's our next item? AYE 7 NAY 3 ABS 1 ABSENT 0 Alcaraz NAY Anderson AYE B ler ABS Cromwell AYE Coston AYE Cuellar AYE Estaris NAY Hi en AYE Mauch NAY Parks AYE Plumlee AYE CONDITIONS 1. When developed, the residential dwelling shall be in substantial conformance with the submitted concept plan entitled, "Exhibit of Lot 15-A Subdivision of Lots 15 & 16 Belamy Manor B-1 & Parcel B"", dated April 19, 2024, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the residential dwelling shall substantially adhere in appearance, size and materials to the rendering entitled, "Kroll Enterprise Model 900" dated March 6, 2024, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The applicant shall resubdivide the property to remove the subdivision note that prohibited this property from being a residential building site. 4. The property shall not be developed unless a private utility easement(s) is established to provide utility services to this property. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH PLANNING COMMISSION SPECIAL MEETING MINUTES MONDAY,JULY 8,2024 12:00 P.M. 2401 Courthouse Drive,Virginia Beach,VA 23456 City Hall,Building 1,2nd Floor,Room 2034 Members Present Naomi Estaris, John Cromwell,Michael Anderson, Kathryn Byler, George Alcaraz,Bryan Plumlee, Holley Cuellar,John Coston, William Parks,Michael Mauch Members Absent Susan Hippen City Staff Present Kaitlen Alcock Marchelle Coleman Kathy Warren Carrie Bookholt Madison Eichholz Kristin Bauer Victoria Eisenberg Applicants/Applicant Representatives Attending Mike Inman Jeanne Lauer The meeting was called to order at 12:00 p.m. by the chair, George Alcaraz. Agenda Item—Commission Discussion on Request for Special Session to Entertain Motion to reconsider the Mary Lively Application for a Subdivision Variance at GPIN 1466825107 Discussion of Reconsideration The chair, George Alcaraz, opened the meeting indicating there was some clarification that needed to be made for some of the Commissioners regarding documents submitted at the June 12t'Planning Commission Hearing in relation to the Mary Lively application. Further information was provided by Victoria Eisenberg, City Attorney, stating that the reason for calling the special meeting was to entertain the possibility to reconsider the Mary Lively 1 application only and not to discuss the merits of the application,as it was not advertised or noticed for a public hearing on a Planning item. She advised the Commission that they can discuss why they believe there is reason to reconsider the application based on lack of clarity or new evidence presented. Commissioner Cromwell made a motion to reconsider the Mary Lively application. Commissioner Mauch seconded the motion. It was confirmed that Commissioner Cromwell was on the prevailing side when the application was initially heard by the Planning Commission and thus was able to make the motion to reconsider the application. Following the motion and the second, Chairman Alcaraz opened the floor for discussion. Commissioner Cromwell stated he would like the application to be reconsidered based on the; additional information provided by the applicant's representative at the hearing to ensure all members had a chance to thoroughly review the material. Commissioner Mauch stated that his grounds for reconsideration were based on procedural matters,namely that following the motion and the second at the initial hearing,the Commission immediately went into the vote with leaving time for discust and a possible substitute motion. There was discussion about how to handle new information presented to the Commission at the hearing and ensuring time is allotted for discussion prior to the vote. Commissioner Plumlee advised he was made aware of a potential other party to the application that he felt should have been disclosed to ensure there were not any conflicts of interest for any Commissioner. He further mentioned Robert's Rules of Order and following the same procedures,refraining from any discussion until after a motion and a second had been made. Commissioner Byler stated she felt discussion prior to the motion and second was helpful to allow additional questions to be asked of the applicant as well as those in support of or opposition to the application. Additional discussion was had regarding how to handle when new information is presented during the hearing to ensure all Commissioners have time to review and evaluate the material and make it available to the public and potential changes to the Commission's bylaw. Victoria Eisenburg, City Attorney, noted that further discussion on this topic would be better suited to take place at Wednesday's July 10t'Public Hearing. Overall,the Commissioners agreed that they did not receive what they considered extremely relevant information until the hearing. Following the discussion,the motion to approve the reconsideration passed by a vote of 10 to 0. 2 Virginia Beach Planning Commission August 14, 2024 Public Meeting Item # 2 Mary Lively Recommendation: RECOMMENDED FOR DENIAL Discussion Mr. Alcaraz: Alright,thank you. Those items that were approved,you can get with your planning representative, and they'll tell you when you'll be seen at City Council. Thank you for coming. We'll move now to the regular agenda. Madam Clerk,which one? Madam Clerk: Agenda item #2, Mary Lively. Mr. Alcaraz: Okay, if you can come forward, state your name. Mr. Inman: Good afternoon,Mr. Chairman,members of the Commission. We are back to present once again, and our information for this application, and it's an important decision on your part for this property owner as you know, as with me today, Mary Lively, the applicant and my law partner, Jeannie Lauer. I trust you received a packet of information from us, which was rather large,but in considering our recommendation of denial from the staff we needed to be prepared and to prepare you. We trust you will agree with us after a review of the history of this lot, and the group of lots for which it's a part. Because of the changes over time,the current legal and physical situation with this lot is quite different from the six lot subdivision that was conceived and platted in 1979. It's also critical to understand the rulings and the testimony in the lawsuit that ensued between Ms. Lively and the neighboring property owner regarding access to the property across a 10 foot strip that resulted from a re-subdivision that you all have seen. I'm aware of your thorough discussion this morning in the informal session. However,we've got some ground to cover here this afternoon, and we will do so as soon as we can here. On pages three and four of the staff report, there's an evaluation by staff which acknowledges that four of five criteria needed for a variance are met. The issue here today appears to be solely the hardship issue, and we're prepared to address that, and we'll show you that a hardship exists, and is required,and should be granted,a variant should be granted. I want to now ask my partner, Jeannie Lauer, to come forward. She has the history with this property, and the lawsuit, and she will share that with you. Ms.Lauer: Thank you. It's really important to understand how this property evolved because I think there's a lot of misconception about it. The houses on Rollingwood Arch, including the one that Mr. Wessler, one of the individuals objecting to, those all happened in 1971. They were built into that subdivision. The back lots, which includes Mary Lively's lot also referred to as the A lots, because the front is 15-R and the back is 15-A. Those didn't come into existence until 1979, when there was a subdivision replat. So, they were not joined together ever, and they were not divided at any point in time, 15-A, Mary Lively's lot, has always sat independently of the lot in front of it. It's always existed as a separate lot. And the only reason in 1979 that they made that subdivision was because Autumn Harvest Drive dead ended into what was then 16, what's now 1, where Mr. Ramsamooj lives, and they had problems with people coming through. They were walking down it,they were leaving trash, it was a haven for teenagers. So, all of these owners together as neighbors got together, and they established these back lots,and their intention was if you wanted to make it part of your backyard, you could, but you weren't required to, and in fact, nobody ever did. What they did do was put up a gate at Autumn Harvest Drive, so that they didn't have, and since they control the property now, they didn't have to worry about people walking along the back. So,what happened after that? Because if you look at the transcript of testimony of our zoning administrator, Mr. Kemp who testified in the litigation that Mary Lively had,he said,you don't just look at the old plat note and go,oh sorry, it's not buildable. What are we going to do? You have to look at the difference between what's evolved at the time. The lot existed or was platted and what occurs now, what has developed since that period of time, and since the time that it was platted in 1979, in 1987, the zoning administrator and the planning commission, everybody signed off on the replat of lot 13 of these 11, 12, 13, 14, 15, 16 lots, lot 13 wasn't added just to the front. It was subdivided. Some of it was put here, some of it was put here. But you know what happened? The note that said,not a buildable lot, disappeared. In 1988, again, City of Virginia Beach said, sure, go ahead, put out a replot for lot 16. That was Ms. Hawkins' house. So, that's 1988. Everybody signed off on it, the planning commission, zoning director. Yeah, it's absolutely fine. No obligation to contain that residential building note, or not a residential building site. In 1995, the city of Virginia Beach said, sure, go ahead and replot lot 12. Divide it up amongst you, lot 5 of the new subdivision, whatever you want to do. We don't have a problem with you removing the note. So, now lot 12 doesn't contain a restriction on that replat. Then we get to 2002,same thing happens for 14. They don't have to get a variance. They don't have to do anything to remove a plat note. City of Virginia Beach just says,okay. So as of 2002, the City of Virginia Beach has said to 16, 14, 13, and 12, go ahead, remove the plat note because it's not relevant anymore, because it doesn't matter,because we have development,we're doing this and that,we don't care. Because it was never intended to represent the condition of building on the property. It never indicated there was a problem with the stability of the soil. It never indicated it wouldn't perk correctly. It was a note that the individuals contracted to put on that plat, and that was it. So when Mary Lively sold, when she owned 15 Front, 15-R, and she owned the lot that we're talking about today, 15-A, she did that in 2009. At that point in time, not only did she know that she had a 20-year-old express easement in a deed that said she was going to be able to access that property through lot 16,where there was already a house, she had the knowledge that the City of Virginia Beach had said yes to 16,yes to 14,yes to 13,and yes to 12. That only left 11 and her. Was she taking a risk? No. Why would she have any reason to believe that she was? What's more, the individual who bought the property, Mr. Wessler, I understand he thought originally that both lots were part of the purchase. Didn't understand that they were separate lots, had always been separate lots. But he wasn't interested in paying for it, although he may have been interested in acquiring it when he thought they were joined together. Nonetheless, when he tells you that he was buying unawares. That's not true. He made Ms. Lively enter into an easement, into an agreement that she would never seek to get an easement across his property, the front of 15, in case anything went wrong with the easement across 16. So, did he buy with full knowledge of the circumstances of the property, and her intent to eventually build a house on it? Yes, absolutely, he did, and to protect himself, he made her sign an agreement. So, what did Mary Lively do? She did everything right. She did everything according to the law. When Ms. Hawkins wouldn't allow her to easily use the property,and in fact made a point of putting up those lovely crepe myrtles that you see to block her access readily driving across the lot. Mary put up with it for a long time, but there came a point when she was ready to build the house, and she needed to get access and it was being blocked, and that's why we had to go to court and litigate for five years. So, she didn't build first and ask later. It wasn't a question of, you know, permission. She did everything right. That's not what the hardship cases are. It's not self-imposed, and the way that you know it's not self-imposed is because the city says it's self-imposed because she sold 15-R and kept 15- A. No,if she owned 15-R today and we wanted to build a house on it,guess what? We'd be back down here. Same problem. We couldn't run an easement or a driveway through 15-R, even if we were prohibited from doing it. We had this express easement. So, it's just not logical to say she created a hardship when the thing that they say created it, the sale of that lot,if she hadn't sold it would be exactly the same position,and the Virginia Supreme Court has also said it's not when you do something in reliance on a variance or the potential for change. It's when you do something outside or in violation of zoning,and she didn't do that. She didn't do anything she wasn't supposed to. She didn't rely on a change in zoning. It was only a question of the width and the depth of the lot, and by the way, this is a big lot. Twice as large as is required by the development. So, when people start talking about fitting a square peg in a round hole, it's not a good analogy. This is a big piece of property. Much larger than their lot,and the extent to which to be impacted is no. I see that my time has expired. I'd welcome any questions from the city. Mr. Alcaraz: Is there any opposition, Madam Clerk? There is,okay. We'll get you back up. Thank you. Madam Clerk: We have two speakers today. First is Brad Wessler, followed by Cathy Perry. Mr. Alcaraz: State your name and location of your property. Mr. Wessler: Sure,Brad Wessler. I'm the owner of 15-R 1140 Rollingwood Arch. When they say that the items were replated,I don't think it is the right terminology, nobody built on those lots. So maybe things have shifted, but nobody's asked to build a residence on that. The applicant, Mary Lively, made the decision to subdivide the parcel 15-A and 15-R in 2007. She then sold me 15-R in 2009. At the time when we purchased the residence,the 1979 plat was still in existence,all the lots behind me were not buildable, so I bought the lot knowing that they were two separate pieces. I did not own the one behind me. I was very well aware of that, and that I would have to move forward in a different way. But I had attorneys and my realtor stating that was an unvotable lot. That was part of my attraction to it. Yes, it is a large lot,but that's consistent with the neighborhood, it's a neighborhood feature. In the fall of 2009.just months after purchasing 15 are,this Mary lively proposed my wife and I, that we purchase or make an offer on lot 15A, we entered into negotiations via email,but we couldn't agree upon a price. At the time, the assessed value of the 15-A was $30,000. Ms. Lively indicated to me that she would not accept anything less than $120,000. We could not identify a lender willing to approve funding so significantly above the appraised value, and the negotiations unfortunately stalled. In comparison, it is also made that the adjacent lot, 16-A, was modified so that a residence could be built upon it. However, it's necessary to look a little bit more deeply at that transaction. Lot 16-A was re platted when the Stratford Green subdivision was made, and a note from the 1979 plot was that the residential building lot would be null and void. Therefore, a subdivision variance was not required at that time. This was changed due to a change in alignment in our Autumn Harvest Drive. It changed that did not affect or modify the restrictions of lots 15-A or the four lots north of it. A great deal has also been said about the circuit court order from May 2023. It's an incumbent to look at that one a little bit deeper. The order specifically grants lot 15-A. A 10-foot wide easement through the former lot of 16-A for construction of a driveway. This order explicitly for access to lot 15-A, something that has never formally been completed. This order does not grant the applicant the right to build a residential dwelling. If this point remains contested, I would respectfully ask that the city attorney be consulted for their opinion, as this fact has been supported by city staff. Finally, this application is not supported by those who currently reside in the affected community. Before you should be four letters of opposition and 23 signatures from residents opposing this particular request. Each of these letters have been previously provided. While this number might not seem substantial in face value, I point that our neighborhood is small. It's only comprised of two streets and there's only a few dozen residences, so that number is larger than it may seem. When my wife and I purchased a lot 15 years ago,we were supported by attorneys, city policies and codes that have been established for over 30 years. The lot 15-A was deemed an unbuildable lot. By modifying the current plat,which has been in place for 45 years,you're agreeing to essentially what should be my backyard and build a residence upon it. We attempted to remedy this situation by purchasing the lot from the applicant, but was not willing or able to pay an asking price four times the assessed value. Mr. Alcaraz: Thank you,sir. Next speaker. Is there any questions for the speaker? None, thank you. Next speaker. Madam Clerk: Next speaker is Cathy Perry, and that will be our last speaker. Mr. Alcaraz: Just state your name and your address. Ms. Perry: My name is Cathy Perry. I live at 981 Autumn Harvest, which abuts the property 15-A. I'm in the back corner of that,and I do have some knowledge about some of the past. I did write an extensive letter to Ms. Estaris, an email, and it did not get to her. Her email was not working. 1 sent it to, I think it was Ms. Warren and Ms. Kristen to be distributed to each of the members, and to my knowledge that was not done as well. I can't read this whole letter because I poured my heart and soul in it, but I do want to just bring up a couple things. One regarding a statement by the lawyer. She said that Mrs. Hawkins obstructed the use of that lot. She absolutely did not. I've seen many times, it was mowed,two trees were cut down. They had free access. Leaving a lot of ruts in her yard, I might add. So, it was not obstructed, that use was not obstructed at all. So, in addition to what I see as an injustice with her property being taken down, I'm concerned about the driveway being put right on an S-shaped curve. It's very much right in the middle of that curve, and when I'm going from my house after Stratford Case, it's difficult to see around it, and if you add a driveway right at that location,right in the middle of the S. It's going to increase the chance of having an accident there, because I'm vary,about every time I go around there,and if it's more than one occupancy that's built there, it will double it. I also object to the fact that they're going to, from my understanding, and I hope I'm wrong, that they're going to cut down to mature crepe myrtle trees that have been there ever since I've been there over 30 years,and that they would be taken down to put this driveway in, a permanent driveway on someone else's property, that if she wants to mow the property they're going to have to go over the driveway, and then to the other side to mow the other side, which to me does not, it just seems like the property has just been taken away, and I really object to that. I'm concerned about the position of the house. They showed a house positioned on their proposal. It was at the far right side of the property,and my question is, why is it all the way over there when it's a lot of space in that lot? Is there a plan for another house to be built? Because if that is the case, yes, it is a big lot, but that's going to increase the possibility of a dangerous situation on the curve,and it's going to look really bad when you enter my neighborhood. It is not going to look good. I just object to Mrs. Lively,I'm sure is a fine person,and I can understand how she wants to earn a lot of money by selling this lot,but when she earns money at the expense of other people,the lot was devalued once that access was learned. Mr. Alcaraz: All right. Thank you for your time. Is there any questions for the speaker? None? Oh,yeah. Did you sign up? Mr. D'adarria: I did not. I simply,I want to say that I am the new owner of-- Mr. Alcaraz: Can we have him? Is he,we got to get you if you signed up? I know,but I got to get you on tape if you say something, but you can't say it over there. So, I'm asking, can we have him speak? Madam Clerk: He didn't register, so he can register if he wants to speak. Mr. Alcaraz: Just come forward, but please check in. We will hear him now. We just got a process. We got to run. State your name and your address again. Mr. D'adarria: My name is Marc D'adarria. Address is 989 Autumn Harvest Drive. I closed on the property on Friday,and I had no idea of the legal process that was in place or ongoing with this property. The lot itself that is there right now that I was told is a non-buildable lot, was definitely part of the reason I made my decision to buy this house. I understand the person I bought the house from Mr. Ramsamooj was the most recent member as part of the lawsuit. I'm simply asking for information before anyone moves forward in either direction on this, so I could weigh in fairly and absolutely give a good information and participation with the way ahead on this property adjacent to my own property. All I can say here for the record is that the property area per square foot sounds big absolutely, but the street itself is kind of small, and to put two more, one more driveway next to the driveway that I could barely fit into right now. I agree completely with the residents who have been there for a while that it really makes a dangerous situation on the desk curve. But again, I do, ask the Council to provide time at least for me to get information, and be well informed so I can participate from this point forward. Mr. Alearaz: All right. Thank you. Any questions? Yes. Ms. Cuellar: Which property is yours? Because we don't have the addresses. Mr. D'adarria: They would have to cut through my property to make their driveway. Ms. Cuellar: So,the question was,which one are you the one? There's five or six stars. Mr. D'adarria: I'm the red star. Ms. Cuellar: Okay. So, you're the one that's on the curve. Okay, 16-A. That's what I was asking. Okay,thank you. Mr. Alearaz: Are there any questions for the applicant, Mr. Plumlee? Mr. Plumlee: I believe it's 16-A. At the time of purchase, were you made aware of an easement that goes through for a driveway? Mr. D'adarria:: No, I was not. Mr. Alcaraz: Any other questions for the speaker? And you can probably get some information from the planning department behind you. Mr. D'adarria:: So, the orange sign, I'm glad I did. Mr. Alcaraz: Yeah, I think there's a number on there. You can contact or maybe a website. You can probably see it. All right. Thank you. I'm going to call the applicant to rebut, and then give you a chance to answer any questions that the commissioners might have for you. Ms. Lauer: If the gentleman would like, I have an extra copy of the order,and after I'm done, I'd be happy to provide it to him so he can see what it says. Since apparently someone is not doing their job in title searching,Mr.Ramsamooj had Chicago title, and was fully insured at the time he brought the property who just sold to this gentleman, and this gentleman should similarly have title insurance and a full title search. As I said, we did everything right to make sure that this was placed in the land records in a manner that would allow any purchaser without any doubt to know what was happening. I appreciate it's a nimby situation. We don't want yet another house. We like having open land. I get all of that. But we're talking about an individual's ability for use of the property. She's been paying taxes on this property since 2001. Every year, faithfully, she pays them. She maintains the lot. She does everything that she's supposed to do. The other point that I wanted to make was before there's a staff recommendation that if the planning commission determines that it will approve the variance, which it most definitely should not just on the facts, but on the law that a separate private utility easement should be established, that's not necessary. Please look at paragraph four of Judge Mahan's order, which is included in your packet. It's the same one that says you can build a residential structure,not two. It says you can build one driveway. It says that you can alter, place, and relocate any and all utilities in the driveway space, and we have verified with Mr. Kemp in advance that utilities can be placed in a driveway easement if there is express language identifying the fact that the utilities are allowed to be placed there also. So, it's unnecessary to require utility easement. We already have it. As far as the tree removal, the plans themselves tell you that the two center crepe myrtles are coming out. That's because we delegated to the City of Virginia Beach to tell us what was the farthest,the point farthest away from the house that this gentleman is just purchased. So, it would cause the least disturbance and the city told us, based on where all the utility lines are, based on the curvature of the street,that's where it's supposed to go. We didn't come up with it, the city came up with it. And in fact, the Development Services Center for the City of Virginia Beach in 2021 gave us an address on Autumn Harvest Drive based on the suggested placement of the driveway, and the Development Services Center is also the one that approved the ability to place the driveway where it's currently located on the plat. So again, Mary Lively doing everything in the order that she's supposed to do, seeking to cause the least amount of difficulty to anyone because she's placed it as far away as possible. I can't address whether there's a perception that it will cause additional problems because of where the placement is,because the city told us to put it there,and I would assume based on their curvature tables, based on the way that the street is laid out, that they've correctly evaluated the information, and said that's where the driveway should go. Again, going back to hardship, it's not self-imposed. It isn't under the law. Not under any set of circumstances, and she does have the right, and no matter what this council or what this commission does, she's allowed to build that driveway. Whether it ever connects to a residence, would be unfortunate. But that driveway goes in no matter what and there's nothing anyone can do about it. So, knowing that two crepe myrtles are coming down because of a court order and knowing that the driveway is going in because of a court order. The only issue is whether or not she should be allowed to build this house, and the answer should clearly be yes, at this time. I'm about to lose all of my time. So,are there any questions at all that I can answer? Mr. Alcaraz: Don't worry about the time because we got, I'm sure some of these commissioners have. So just stay right there. I'm going to open the floor for questions. Ms. Hippen? Ms. Hippen: Okay, so this has been a long-discussed item, and here's what I see. I see that there was one subdivision, that properties in that subdivision were subdivided, and another subdivision put in and a road went through a property that was moved from one subdivision to another. So,the plots that we are seeing with the notes and without the notes are for two different subdivisions. What troubles me is that in 2009, the gentleman, the first gentleman that spoke,purchased a portion of Ms. Lively's lot. Ms. Lauer: No,that's where he's wrong. She never subdivided her lot, 15R is what Mr. Wessler purchased. That's always been a separate lot since the time that house was built on it back in 1971. 15-A was created by completely different people in 1979. It didn't exist as a separate 15-A lot at the time the house was originally built. She didn't do anything to subdivide it. That was done by different people. Ms. Hippen: Okay, hold on. I wasn't done. Go back to the very first plot, please, Marcelle. Okay. Right here. Those are different lots. Okay, 15 is right there. So,there's no 15-A, B, C, D, or R. Okay. Ms. Lauer: Correct. Ms. Hippen: So now, the gentleman asked to buy the lot and I'm not asking, I'm saying this is what I'm getting from this. The gentleman asked to buy the lot. The lot was valued at $30,000. He was quoted that she would only sell it for $120,000. There's no way he was going to get financing. I agree with what he stated, and then here we have this guy here who's just bought a lot, and we heard from another person about 16-A, which is now a different shape lot because Autumn Harvest Drive went through. So my concern is that and 15 was a portion of 15-A. 15-R and 15-A were one lot. Ms. Lauer: No, never. Mr. Wessler, what is, if you go back to the first screen, or go back one plat,where it just shows 15, 14, 13,before you put this, see where it's 15 up there? That's exactly the size lot, exactly the dimensions of the lot that Mr. Wessler bought. Ms. Hippen: When did the other portions come in because three people along there, four people along there either own the lot or they expanded their lots,and bought the rest of the property. Ms. Lauer: Okay, it's not even,you'll just see all of the plat notes at the very top. Where it's 16, 15, 14, 13, okay,that's the general area plus a much larger piece that were owned by Elizabeth White. That was never part of that subdivision. Those individuals,the neighbors,the people who owned Mr. Compton,Mr. Wasserman owned 16. Mr. Compton owned 15. 1 think the Winfrey's owned 14 maybe. Anyway, all these neighbors got together and bought from this woman. The space of land behind them, which is just a blank piece. It didn't have any designations on it. Then they further subdivided it to call it 15A, 16A which is what you see there. But that whole colored section in this plat,that didn't exist in that form at the time that the subdivision was built. The houses were all in existence in 1971. It wasn't until 10 years later or eight years later, that this other portion came into being, and exactly because Autumn Harvest Drive, as you see,comes in,there were people. Ms. Hippen: My concern is that, okay, so a court stated that the gentleman that now has what is lot 16-A,which looks different because Autumn Harvest was carved through,and 15 -- so there has been dissension over access to that property for years because the gentleman that owns 15-R, you said, made sure that you signed a statement that they could not have access across his property. Ms. Lauer: Across 15-R because they already had it through 16-A, but he wanted to make sure that they would never suggest that they had any rights of access, but his statement that she subdivided it or did something different,that's just not accurate. Ms. Hippen: So, you're telling me that this gentleman did not ask to buy that land? Ms. Lauer: He asked subsequent to his purchase of 15-R to buy 15-A, which is dramatically larger, and should have with all of the knowledge that the not for residential building had been vacated for 16, 14, 13, and 12,because all that had happened already. Ms. Hippen: 11 and 11-A are owned by the same person. The person that has 12 bought 12-A. The person that has 13,bought 13-A. The person that has 14 bought 14-A, but 15R was not allowed. He was told that the land was going to be sold to him for four times the price. Ms. Lauer: No, I'm sorry, but that's not what happened. Ms. Hippen: She didn't want$120,000 for 15-A instead of the$30,000 that he suggested, is that what you are telling me? Ms. Lauer: First of all, those aren't accurate, but I'm telling you that 12A- wasn't purchased by the owner of 12-R. They kept a piece of it,and then they sold off another piece of it to somebody else. That was the replat. The same thing happened with 13. Ms. Hippen: Okay, but those have street access, 15-A doesn't have street access. Ms. Lauer: No, those don't have street access. Ms. Hippen: They do now because they bought land,that's my point. They're added on to their land so that those landlocked properties were not there. Ms. Lauer: There was an easement that was created in 1979 when all of those parcels were first put into a subdivision that said everybody gets to go through 16A. 11 was allowed to go through 12, 13, 14, 15, and 16 to get to Autumn Harvest Drive. There was an easement given to 13 to go through 14, 15, and 16. Ms. Hippen: Okay, that's not what I'm asking, but my question, the next question that I have is, who's going to live in the house that's built on 15-A? If they're allowed to build it. Is she building this house? So that she can sell it. Or is this going to be her next home? Ms. Lauer: I don't know the answer to that. I think she's going to find out what she can afford to do once it's built. Mr. Alcaraz: Okay,thank you. All right, any other questions? Mr. Parks? Mr. Parks: I just want to piggyback off what Commissioner Hippen was saying 12. 13, and 14, it is my understanding they have street access now through Rollingwood Arch. Ms. Lauer: No. Mr. Plumlee: How,no? Ms. Lauer: They don't. The lots were cut in pieces, and that's why the report that you have doesn't do a good job. If you actually look at the plats that we included, you'll see that they apportioned it some up here, some down here. The configuration isn't a straight ratio. When they replated, they vacated all of the platinates about not buildable, and then 12-R sold a portion of it, and what you can't see back there is the new subdivision. That's a house. But if you look at the top of 12-A there's another lot on top of that. It's not a street. Mr. Plumlee: I am familiar with the neighborhood, so that wasn't my question. Ms. Lauer: But no, you can't get, they're part of a lot. So now whatever access 12 has whatever 12, it's not even 12-A anymore,but they've redrawn the property lines. So there's only now one 12. Mr. Plumlee: So why wouldn't that lot now have street access on Rollingwood Arch? Ms. Lauer: I suppose if you say that it accrued by virtue of the ownership,but it's not a separate lot, 1-2A. Mr. Plumlee: Yeah, understood, but what we were told in the informal is 11-I IA, 12- 12A, 13-13A, 14-14A, we're all under common ownership as well as 15 until it was sold and Ms. Lively had kept 15-A and sold 15R-. Had 15-R and 15-A been kept together, this wouldn't be an issue. Your comment earlier about the fact that they wouldn't have street access,you would have street access through Rollingwood Arch. Ms. Lauer: No,you wouldn't. Not to build a separate residential structure,if that's what you're talking about. Mr. Plumlee: I'm not talking about building a separate residential structure,which is what the note in 1979 said, was that those lots in the back were not to be made residential structures. So, the argument, at least as far as I can see, is it is self-imposed because by selling 15-R she lost her street access. Even though she's been given access now through the court,I mean the statement that she does not have access and those people have access is not true. They are all getting frontage from Rollingwood Arch for their larger lot that has now been kept under common ownership. Ms. Lauer: Not if you treat them,they're not separate lots. So,it's not apples to oranges. The only one that's apples to oranges is 16,which house got built on it. It's completely separate. Mr. Plumlee: Because it was replated in another subdivision. Ms. Lauer: It doesn't matter whether there's another subdivision or an existing subdivision, it's still taking what everyone seems to be so concerned about, which is a plat note,and saying,does Mary get to call her 15-A if she invents a brand-new subdivision name,does that make it okay? I don't think so,but that's the equivalency that we're trying to draw here. There's no street access, and all of those lots had access to a street, Autumn Harvest Drive, because it was created at the time each one of those lots was originally created in 1979, and the court didn't develop anything new. The court confirmed the existence of an easement that was already there and had been there for 30,40 years now. Mr. Plumlee: Right,but my understanding is the easement is for access, it didn't confirm, easement to build another house to provide access to that house,down road. Ms. Lauer: Yeah,you don't get an easement for that because an easement is the right to use somebody else's property, but to build a house, you have to own the property. So, it's not quite the same thing. Mr. Plumlee: I just want to clarify. My understanding from looking at the staff note was that Ms.Lively bought her lot in 2007,not 2001. That's important to me. I am showing,it says,the applicant acquired lots 15-A and 15-R in 2007. So, I put a little dog ear on that. It's important. Because she bought five years after 12, 13,and 14 consolidated their lot. Ms. Lauer: No, it was 2001. We have put the deed in your packet. It's exhibit 12. This loth day of August, 2001. She bought from the Harrington's and the Winfrey's, and it went to Donald Meeks and Mary Lively Meeks, that was her name at the time. Mr. Plumlee: Wasn't it in the name lively until 2007. Is that fair? Ms. Lauer: It was, yeah, it was Lively Meeks. I don't know how that got indexed, but yes, since 2001, she owns the property. In 2001. That's when it was purchased by her, along with her then husband. Mr. Plumlee: So you're saying it's 01, you have a deed, fine. I just wanted to point out that difference in the staff note,but you're saying it's because it was a name change,that they may have referenced it 2007. Ms. Lauer: I don't know why they made the conclusion. Sometimes I see 07s as Is, especially in old documents. So perhaps someone looked at it and it looked like with the little arm out. It could have been, it could have been a typo. Mr. Plumlee: Okay. With regard to the easement that you're saying that she has for access,that's something that's always existed. Ms. Lauer: Since the creation of that lot, 15-A,yes. Mr. Plumlee: And it existed for 14, 13,and 12 also to reach access to that as well. Ms. Lauer: And I I as well. Mr. Plumlee: And 11,and they all chose to consolidate,to get rid of that hot line at some point, 12, 13 and 14. Ms. Lauer: Yes. When 12, 13 and 14 owners of the houses,they sold it to the developer who is developing the back subdivision. Ms. Plumlee: Okay. Ms. Lauer: So he had sufficient land, I assume, sufficient square footage,who knows. Mr. Plumlee: Let me make sure I understand. So, 12, 13, and 14 consolidated at some point prior to 2002 or up to that. Is that fair? Ms. Lauer: Yes. Mr. Plumlee: So for now, like 22 years, they've been without the ownership or they've consolidated that what was once divided into one lot. Is that fair? Ms. Lauer: They redrew property lines,but yes,essentially that's true. Mr. Plumlee: Okay. So, when 1986 came around, and the 16-A was removed from the subdivision, and put in another subdivision, and the street came there, it made more practical this driveway. Fair? Ms. Lauer: Yes. Mr. Plumlee: Okay, and that was years before 12, 13, and 14 got rid of their subdivision line,but they chose not to seek access to the back and develop at that point, and then your client by the time 2009 came around, was she not the sole remaining lot who had not consolidated? Who had a divided lot? That was within feet of the roadway? Was the only one situated? Ms. Lauer: That's absolutely true. She was the only one who still maintains an express easement by deed for access to Autumn Harvest Drive across the small section of autumn harvest drive once it had been created, and by the way, 16A that was the developer or the developer's mother, and they all in property. Mr. Plumlee: Okay. So, when I'm looking at the hardship, and you've been arguing that she's complied with everything and I've heard that. There was an express easement that everyone was aware of that connected it. That had always existed, and you just needed the court to reaffirm that. That's all that happened. Now the question is whether she perpetuated this, but the lot lines separating those lots, that's what created the hardship, and that goes back to 1979. Long before she purchased her lot, and long before she put it on the market. Do you disagree with me on that point? Ms. Lauer: No, absolutely not. Mr. Plumlee: Thank you. Mr. Alcaraz: Mr. Coston? Mr. Coston: I think she answered my question. I was going to ask if the access was in the deed, and she said it was. Mr. Alcaraz: So you're satisfied now? Okay. Ms.Hippen,did you want to conclude your questions? Ms. Hippen: I wish I could get an answer on who's going to live in the house. Okay, because the appearance here is that this is all for money. Okay. Yes, the easement is there. The understanding that I got when I looked at the plots was that the note didn't just disappear. One plot was for one development. Another plot was for another development. So the two different name developments did not have the same note. I personally would not characterize it as it just disappeared. No, it didn't disappear. But it has been long standing that these lots were not to be, these portions of the lots that were away from the streets were not to be developed with homes because they do not fit the ordinances of the city, and the person on Rollingwood that's in 11 is the owner of 11-A. So there's no issue with access, 12, 13, and 14 bought the other portion to resolve the issue. The only issue is that 15-R was sold off, and 15-A has had access, but the court just made it clear that she can have that access and for us not to know, it's one thing, and I thought it was presented last month that she was going to put her home there. She was going to live there. So now it's not a case of she's going to live there. It's a case of the lot 15-R was sold off for a certain amount, 15- A was not sold because the asking price and the actual price were four times different, four to one. So that's just my opinion. Mr. Alcaraz: Mr. Mauch? Mr. Mauch: I believe we've got away from what it is that we're looking at here. We're looking to allow a variance for this house to be built, and, what you say is that,we should approve it based on the facts and the law,but I would believe that the law from our city attorney's standpoint and correct me if I am wrong, is that this just that easement allows for access doesn't allow it for anything besides access. So, what we should be looking at is a variance, which is what we're being asked. So far, she has done nothing outside of zoning to get to this point. She's done it all correctly. Now, the only thing that's not correct is the variance,what she needs an exception for in order to build. In my opinion, it doesn't meet our zoning, and I do not or cannot support allowing for this variance, and for that reason, I'm going to make a motion for denial. Mr. Alcaraz: All right. Any other comments or questions? Mr. Coston: I can't have a motion yet because I have some more to say if we're, if we're going to discuss it,that's fine. Mr. Alcaraz: Yeah,we'll discuss it. Do I have a second for the motion? Mr. Mauch: 1'll second the motion. Mr. Alcaraz: I have a second. Discussion? Mr. Coston: I don't think it's material whether the house is going to be sold or who's going to live in it,and I understand from doing record searches on my own, just on a little lesson that all the time streets or access weren't drawn on deeds. I think that access still remains,always has and should stay that way. The courts have given her not only access for a driveway, it says driveway and residence, and I would support that, and I would support a variance based on the fact that I hate to see land block property, and I hate to see property that it has no access in perpetuity,and there is a diminished benefit to the city. Even in the value of$30,000 for tax purposes versus $120,000 for tax purposes. So, I think the city gets a benefit in the long run as well as the owner gets to build a house whether she lives in it or not. So,I would support the variance. Mr. Alcaraz: Mr. Plumlee? Mr. Plumlee: I'd like to thank everybody. In particular, the Planning Commission members, because this is the stuff I get excited about and go into work all the time, and this is what I do. It gets me all jazzed up. I know following the ball on all of this, it can make your eyeballs spin around,but everybody has done great, and bringing this back has done nothing but help this process,and that was a good move. Okay. It was a good move and needed to be done. What John Coston just summed it up. I mean,he just said it. I should just leave it alone, but you know, I can't be quiet. Contracts and agreements were taught. Don't put culpability on it because people want to make a buck. Don't add because we all want to make a'buck, none of us either are free from the desire to pursue happiness,right? And to do that,and I don't place that burden on anyone that wants to get full value of the property. In 2009, when she sold to this nice gentleman, very articulate gentleman, well she wanted more for that back lot. Now, 1986 has come and gone, and now you've got the access point really narrow. It's pretty obvious she's got the express access. It's is in writing. It took going to court to prove it again,but it was there the whole time. So ,she's going to give it away to somebody who says, I want a bigger backyard. I always thought it'd be mine. That's not what he negotiated for and that's not what he got. So, at this point, what we're trying to do is look at hardship, and when you say these words, self-created hardship that puts that sort of culpable thing to it, but that's not really how you're supposed to look at it, is it her fault? That's not the process. In 1979, when they went back and added all this property, and they subsidized that way, and they created the access, that's what created this mess. That's what did it. And then over the years, in 86, one gets chopped off in whatever years up to 2002, the other three consolidate. That's a new world now. She's sitting there on an island with this Lot 15, and so she goes to court, she says, I've got access, the judge says, you do have access, and so now she's coming to say, I'd like a variance, so that I can build a home, whether it's for her or to sell it for her retirement, that's her business. So I look up the log. Okay, my first encounter of one of these was 1999. It was up against the City of Virginia Beach. Okay. I know how these notes are treated. I respect everybody's opinion about it because even judges disagree over and over and over about it. So everybody has that problem. But here we go. We have a circuit court that says when you have a particular zoning, and then that property is prohibited from ever being used for that use. That's a hardship, and it would be unreasonable, this is told to a Board of Zoning Appeals,it would be unreasonable then to deny them that right to build what you've zoned and said goes there. So yeah, when the street came along, it was easier to allow that to go forward under 16 one, and this is a little different because you don't have lot connection, but I certainly see a hardship, and that's why I would vote in favor of recommendation. Mr. Alcaraz: All right, any other comments? Mr. Coston? Mr. Coston: I'd also like to point out the fact that when you buy a house nowadays,you get a survey, you don't get a plan. Nobody goes down and looks at what everybody has said from year-to-year. You get a survey, a current survey of what the lot looks like. So, to say that I bought something, and I knew that I couldn't build on it, it is also not necessary the truth either 'cause I own something that has three lots only. It's always been treated as one and surveyed as one, and I thought once upon a time, maybe I could subdivide mine, and build something. So, I think that's something you can't really jump to a conclusion and say, I bought this with the idea that I might, the gentleman who just bought a house, he didn't know he didn't get all that. All he got was a survey. He didn't get all that back information. So, it's not necessarily true that. Just because you know you bought a house that you didn't know that you couldn't subdivide. Mr. Alcaraz: All right,thank you. So right now we have a motion by Mr.Mauch to deny the application, seconded by Mr. Cromwell. Mr. Mauch: I don't think that the reason for denial for me is because I feel as though we are imposing this on the neighbors that have spoken up in opposition for us to allow for an exception to be able to allow them to build a house. I think the two decisions we have to make here. One is,do we allow for one person to build on their property? Because they have an issue that has been resolved with access, but the people around them purchased because it said that there was it was not buildable or purchased not because of, but under the impression that a lot wasn't buildable, and so do we allow for the one person to build on the lot or do we agree with our current zoning that says that it has to have a certain amount of street frontage,and not have the ability to build on it because with the support of the neighborhood saying that they don't agree with it either. I think it comes down to 2. Mr. Alcaraz: Alright. We're going to move forward. Ms. Hippen? Ms. Hippen: I have to concur with Mr.Mauch. The neighborhood doesn't support it,but our zoning doesn't support it, and the question was asked who's going to live there, that can be immaterial, but I look at this is going to be a home that will have no front yard, and that's the point of our zoning codes. And that is the reason why I don't support it. Mr. Alcaraz: Alright. Thank you.Again,we have in front of us a motion for the variance to be denied,seconded by Mr.Cromwell,and at this time,I'm going to move forward unless there's any other discussion. Are there any abstentions? Unknown Female: Yes. I'm abstaining from this vote. Thank you. Madam Clerk: And there's a letter on file. Mr. Alcaraz: All right, Madam Clerk, we're ready to vote. Madam Clerk: Vote is open. Mr. Alcaraz: The motion was to deny. Go ahead. Madam Clerk: By a vote of 6 to 3 the recommendation for item #2 is denied with one abstention. Mr. Alcaraz: Thank you. Madam Clerk,the next agenda item#8. Applicant for item#8, please come forward. Hello again. State your name for the record. Vote Tall AYE 6 NAY 3 ABS 1 ABSENT 1 Alcaraz AYE Anderson NAY B ler ABS Cromwell AYE Coston NAY Cuellar AYE Estaris X Hi en AYE Mauch AYE Parks AYE Plumlee NAY CONDITIONS 1. When developed, the residential dwelling shall be in substantial conformance with the submitted concept plan entitled, "Exhibit of Lot 15-A Subdivision of Lots 15 & 16 Belamy Manor B-1 & Parcel B"", dated April 19, 2024, and prepared by Hayden Frye and Associates, Inc. Land Surveyors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the residential dwelling shall substantially adhere in appearance, size and materials to the rendering entitled, "Kroll Enterprise Model 900" dated March 6, 2024, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The applicant shall resubdivide the property to remove the subdivision note that prohibited this property from being a residential building site. 4. The property shall not be developed unless a private utility easement(s) is established to provide utility services to this property. August 8, 2024 City of Virginia Beach Planning Commission Ms. Naomi Estaris District 1 2875 Sabre Street Virginia Beach, VA 23452 Re: 2024-PCCC-00001 Dear Ms. Estaris, My name is Andrew Midgette, and I reside at the address of 1141 Rollingwood Arch. I am submitting this letter to you to share my concerns about the request made by Mary Lively to rezone the vacant lot located directly east of 1140 Rollingwood Arch. It is my hope that you will support the city staff's recommendation to deny Ms. Lively's application. I have resided at 1141 Rollingwood Arch since I was a child in 1971. My family moved into this house when it was built, and the neighborhood was established. In 20001 purchased the residence from my father and currently reside here with my family. I have raised two children in our house. My family loves the neighborhood and everything about it. I believe that by approving Ms. Lively's request, you will be taking away from the integrity of the neighborhood. In speaking with my father, the original homeowner, he informed me that the vacant lot located east of 1140 Rollingwood Arch, and the adjacent parcels located north along Rollingwood Arch prohibit the development of residential dwellings. Because of this feature,we remained in our residence and, to be honest, was part of the draw for me purchasing the residence from my father. I am asking you to stand behind the city staff's recommendation in denying Ms. Lively's request. The land in question was clearly designated as an unbuildable plot in 1979 and it should remain that way. Respectfully, r ak-W Andrew Midgette' Homeowner-1141 Rollingwood Arch August 11, 2024 City of Virginia Beach Planning Commission Ms. Naomi Estaris - District 1 2875 Sabre Street Virginia Beach, VA 23452 Re: 2024-PCCC-00001 Dear Ms. Naomi Estaris, I am reaching out in opposition to zoning request #2024-PCCC-0001. My wife, Stacy Midgette, and I purchased our home at 1144 Rollingwood Arch in the Spring of 2022. I grew up in the very same cul-de-sac where we purchased our forever home. One of the major reasons we bought this residence and property, other than proximity to family, was the sense of quiet and privacy. When purchasing our property, we were aware that the adjacent property, 15-A, was not able to be developed or built upon. Thus, the property would remain open land, as it currently sits. Allowing the property to be sold and built upon as a separate parcel would take away the sense of privacy and quiet so many on our cul-de-sac value. Thus, I am respectfully asking that zoning request #2024-PCCC-0001 is denied. I appreciate your time and consideration. Sincerely, Andrew K. Midgette Jr. 1144 Rollingwood Arch august 10, 2024 City of Virginia Beach Planning Commission Ms. Naomi Estaris - District 1 2875 Sabre Street Virginia Beach, VA 23452 Re: 2024-PCCC-00001 Dear Ms. Naomi Estaris, We are writing this letter to you to state our opposition to zoning request#2024-PCCC- 0001. It is our hope that after reviewing this letter,you will also vote to deny the request. We purchased the residence of 1140 Rollingwood Arch, 15-R,from Ms. Mary Lively in May of 2009. At that time, lots 15-A and 15-R had already been subdivided in 2007. However, we were advised that it was prohibited to build a residence upon that parcel of land, 15-A, and that Ms. Lively could only access her lot by traveling through land owned by the homeowner of 989 Autumn Harvest Drive to maintain her lot and to access a shed that sits on her property. Ms. Lively was prohibited from entering the lot through our property. Of note,we were also advised that Ms. Lively was interested in selling lot 15-A and we entered negotiations in the Fall of 2009. When Ms. Lively sold us 1140 Rollingwood Arch, she had an established fence that separated the plots of 15-A and 15-R. Upon review, it was discovered that the fence was not built on the true property line. Therefore,we attempted to purchase that additional land from Ms. Lively. During our negotiations in 2009, Ms. Lively suggested that we make her an offer for the entire lot,to which we did. At that time,the assessed land value, according to the City of Virginia Beach, of lot 15-A was$30,000. Unfortunately, our negotiations stalled when Ms. Lively indicated that she would not accept anything less than $120,000.00, a value four(4)times the assessed value. Please refer to the attached email communications for additional information. We have not communicated with Ms. Lively since that time. We would still be willing to purchase lot 15-A for a fair, market value, price. We are troubled by the idea,that despite a prohibition of building an occupied residence since the 1979 plat, forty-four years ago,that this request can even be entertained. Ms. Lively subdivided a lot knowing full well at that time in 2007 that a residence could not be built upon it. Lot 15-A does not possess the required sixty-four(64)feet of city required street frontage.Approval from the city has not been given to build an occupied residence upon the lot in question. Finally, allowing a residence to be built upon lot 15-A would prevent the landowners from accessing the easement for their lots 11-A, 12-A, 13-A, and 14-A, respectively. Much has also been said about the Circuit Court order, dated May 30, 2023. Of note,this court order only provided a ten-foot-wide access easement through the property of 989 Autumn Harvest Drive. The court order is explicitly for access to this site, 15-A, and does not grant Ms. Lively the right to build a residential dwelling. In 2007, Ms. Lively made the decision to subdivide the land she owned, 15-A and 15-R, into two separate parcels. In 2009,we purchased 15-R, 1140 Rollingwood Arch,from her with the knowledge that 15-A was prohibited, by the City of Virginia Beach,from having an occupied dwelling built upon it. This was based upon a plat from 1979. Therefore, Ms. Lively created a hardship for herself. We attempted to purchase lot 15-R from Ms. Lively to remedy the issue and return the land to the way it was established thirty(30)years prior but was unsuccessful. Today,city staff still recommends that the request to rezone lot 15-R and have an occupied dwelling be built upon it be denied and we are respectfully asking that you vote to deny this request as well Sincerely, Brad and Denise Wesseler Homeowners—1140 Rollingwood Arch 7/2/24, 11:44 AM Yahoo Mail-FW:LOT FW: LOT From: Bradley Wesseler(bwesseler@vbgov.com) To: bwesseler@cox.net Date: Wednesday, November 18,2009 at 10:46 AM EST From: Mary Lively Sent: Monday, November 16, 2009 11:40 AM To: Bradley Wesseler Subject: RE: LOT WHY DON'T YOU MAKE AN OFFER ON THE WHOLE LOT From: Bradley Wesseler Sent: Wednesday, November 11, 2009 12:30 PM To: Mary Lively Subject: RE: LOT What would your asking price be?We would be interested, but our other financial concern would be getting it surveyed and recognized by the courts in our deed. Sent from my Windows Mobile phone From: Mary Lively <MLively@vbgov.com> Sent: Wednesday, November 11, 2009 10:16 AM To: Bradley Wesseler <BWesseler@vbgov.com> Subject: LOT I WAS SPEAKING WITH YOUR ATTORNEY'S OFFICE YESTERDAY AND THEY SAID YOU WERE CONCERNED ABOUT ME SELLING THE LOT AND YOU WOULD LOSE RIGHTS TO THE EXTRA FOOTAGE. IF I WERE TO SELL YOU THAT EXTRA FOOTAGE, WHAT ARE YOU THINKING ABOUT MONEY WISE? about blank 1/1 7/2/24, 11:43 AM Yahoo Mail-FW:LOT FW: LOT From: Bradley Wesseler(bwesseler@vbgov.com) To: bwesseler@cox.net Date: Thursday, November 12, 2009 at 10:48 AM EST Officer B.K.Wesseler Virginia Beach Police Department Special Operations Fatal Crash Team From: Mary Lively Sent: Wednesday, November 11, 2009 10:16 AM To: Bradley Wesseler Subject: LOT I WAS SPEAKING WITH YOUR ATTORNEY'S OFFICE YESTERDAY AND THEY SAID YOU WERE CONCERNED ABOUT ME SELLING THE LOT AND YOU WOULD LOSE RIGHTS TO THE EXTRA FOOTAGE. IF I WERE TO SELL YOU THAT EXTRA FOOTAGE,WHAT ARE YOU THINKING ABOUT MONEY WISE? about:blank 1/1 7/2/24, 11:40 AM Yahoo Mail-FW:LOT To: Bradley Wesseler Subject: RE: LOT I WILL HAVE TO THINK ABOUT IT. UP FOR SUGGESTIONS From: Bradley Wesseler Sent: Wednesday, November 11, 2009 12:30 PM To: Mary Lively Subject: RE: LOT What would your asking price be?We would be interested, but our other financial concern would be getting it surveyed and recognized by the courts in our deed. Sent from my Windows Mobile phone From: Mary Lively <MLively@vbgov.com> Sent: Wednesday, November 11, 2009 10:16 AM To: Bradley Wesseler <BWesseler@vbgov.com> Subject: LOT I WAS SPEAKING WITH YOUR ATTORNEY'S OFFICE YESTERDAY AND THEY SAID YOU WERE CONCERNED ABOUT ME SELLING THE LOT AND YOU WOULD LOSE RIGHTS TO THE EXTRA FOOTAGE. IF I WERE TO SELL YOU THAT EXTRA FOOTAGE,WHAT ARE YOU THINKING ABOUT MONEY WISE? about:blank 3/3 From: Dan Waaoner To: Marchelle L.Coleman Subject: Planning commission meeting 8/14/24 Date: Monday,August 12,2024 5:53:04 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms Coleman, As 36-year residents of the Stratford Green neighborhood,my wife and I have concerns over the building of another house with "frontage" on Autumn Harvest Drive. Our understanding of the reason for this matter coming before the planning commission is to get a variance for"lot width and street line frontage". What we do not know is why the matter is coming before the commission a second time. Our objection is related to the safety of pedestrians,bicyclists and drivers in the s-curve where this property fronts on Autumn Harvest Drive. Undoubtedly, if this house is built,there will be additional cars parked on the street in the s-curve. With that additional congestion,cars coming out of the driveway,or parked on the street will be in danger of striking or being struck by others on the street. At the previous meeting we were surprised to learn that a judge had issued a ruling that allowed an easement across the property at 989 Autumn Harvest Drive, giving the property in question access to Autumn Harvest Drive causing harm to the owner of 989. That, however, does not answer the question as to the street line frontage not meeting code. I hope that the Commission will recant their previous recommendation for approval. Thank you, Dan and Susan Wagoner 967 Autumn Harvest Dr, Virginia Beach, VA 23464 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: RE:Mary Lively's property variance application Date: Wednesday,August 14,2024 4:21:44 PM From:Cathy Perry<c4p6224COyahoo.com> Date:August 2,2024 at 1:43:18 PM EDT To: nestaris(@vbgov.com Subject: Mary Lively's property variance application Dear Ms Estaris, I am writing concerning the variance application requested by Mary Lively that was sent back to the planning commission for a Aug 14 hearing. My property abuts this property and I have concerns about what this driveway and subsequent construction will do to the value of my property and to the safety of the road to which it will connect. A little background:This dispute has been going on for years.When Mrs Conboy lived on the property that the potential driveway will cross, intimidation was used to convince her to cooperate. First, a police office talked to her. Next a developer told her that she should not fight it because he had lots of influence down town and could get anything he wanted done. I understand that this is hearsay, but Mrs Convoy told me these things just after they happened.She and her family spent thousands to prevent her property from being taken. Finally she sold and went to live in a senior living home. ( Ironically, her son, Mark Convoy,originally purchased the lot so he could build a road to connect to his family property. He developed Stratford Green on this property.That is the same road to which Lively wants to connect, not by purchasing the property, but taking it by force for her own profit.) The next family that bought the Conboy property was led to believe that the application would be denied. No lawyer was hired,thinking the commission would protect their right to keep their property.That did not happen,thanks to a judge's ruling to which none of us had any prior knowledge. Feeling frustrated and betrayed by their city,the second family sold their property and moved. In addition to what I see as an injustice, I am very concerned about the addition of a driveway on a S shaped curve. I try to be very careful leaving my home because that part of the curve is difficult to see around. I fear a head on collision is more probable with the addition of a driveway in that location. Lastly, my greatest fear is that Mrs Lively will attempt to put more than one house on the property, directly affecting the appearance of my neighborhood.The plan submitted to the planning commission shows one house on the far right side of the property.Why was it not centered more?Can she connect another driveway to access a second home?This is very important to clarify. In conclusion, I do not wish to prevent anyone from being able to sell or improve their property. But,when this is done at the expense of others, it is wrong! Mrs Lively had several opportunities to sell her property and refused. Putting a permanent driveway on someone else's property,in my opinion, is stealing! Respectfully, Cathy Perry Sent from my iPad PETITION IN SUPPORT OF DFNYING REQUST. I am voluntarily signing this petition to indicate my support against denying the request to approve deviating from the required lot width and street line frontage on property zoned R-io. The address of this lot is the parcel directly east of 114o Rollingwood Arch and north of 989 Autumn Harvest—GPI M14668z51o7 ADDRESS SIGNATURE 2 41 Y " eA.w � VA 5 6 VA F = 7 2-3 to 8 9 10 12 Zoo 13 %/� !� /Qo l�r c C..�CGd Gil-c�.• j 14 ✓ ;� _ 15 V 9 t1�3 ('"4'�av4V) Lh 16 4ylvia a- 17 1 t I Cr es-4 VPr Oc. 4 , \[�A 23 y�`f 1(q. c H V�fi aC) ©ll1 11 oq �61vic vjtoo Oytivi R'Olmvvoo hvc� C�&�/-V��� — 1 -� OR cc , c� Styet e OR str e 18th � o 7 � . . . xaof, � � OR G OR c� N ® Site W E = Property Polygons Timothy Paasch Zoning 1804 Arctic Ave S Building Feet 012.55 50 75 100 125 150 r �'S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIMOTHY PAASCH [Applicant] OCEAN RESCUE SERVICE INC [Property Owner] Special Exception for Alternative Compliance (Low-speed Vehicle Storage) for the property located at 1804 Arctic Avenue (GPIN 24270783600000). COUNCIL DISTRICT 6 (Remick) MEETING DATE: September 17, 2024 ■ Background: Currently, Low-speed Vehicle dealerships and rental businesses deliver their vehicles by trailering them to customers in the Resort Area. The business model presented in this application is to have a satellite location for the storage of Low- speed Vehicles. These vehicles will be delivered directly to customers in the Resort Area by an employee that would drive the Low-speed Vehicle to the renter and then return storage facility. The renter will then be responsible for returning the vehicle to the subject facility. Low-speed Vehicles are street-legal vehicles similar in size and appearance to a typical golf cart. These vehicles are required by law to be equipped with headlights, brake lights, taillights, reflex reflectors, an emergency or parking brake, an externally mounted rearview mirror, an internally mounted rearview mirror, a windshield, one or more windshield wipers, a speedometer, an odometer, braking for each wheel, a safety belt system, and a vehicle identification number. Additionally, Low-speed Vehicles are not permitted to be operated on public roadways where the maximum speed limit exceeds 35 miles per hour. This application will have no impact on the ability of tourists nor residents to operate Low-speed Vehicles within the Resort Area. This application only pertains to a facility to store the Low-speed Vehicles in the Resort Area, which is currently not a permitted within the Oceanfront Resort District Form-based Code. ■ Considerations: In Staff's opinion and the Planning Commission concurred, this proposed use is not compatible with the adopted long-range goals nor policies of the Resort Area. However, as the applicant has agreed that the use of this facility will be temporary while major redevelopment projects in the Central Beach are underway, such as Atlantic Park and Right-of-Way improvements, Staff is amenable to this proposal as an interim use. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Timothy Paasch Page 2 of 2 ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1 . This Alternative Compliance shall expire on December 31St, 2029 (12/31/2029). To continue the use of the Low-speed Vehicle Storage Facility after such expiration, a new Alternative Compliance shall be obtained if still required by the applicable code sections. 2. The total number of Low-speed Vehicles permitted to be stored at this facility, addressed 1804 Arctic Avenue, shall be 20. 3. No outdoor storage of Low-speed Vehicles is permitted on this property — All vehicles must be stored within the facility, addressed 1804 Arctic Avenue, located on the property. 4. A sticker or plaque, as approved by the Zoning Administrator or their designee, shall be placed within the Low-speed Vehicles where such sticker or plaque will be seen and read by a reasonably observant customer is required. Such sign shall contain the following information at a minimum: a. Operators must be sixteen (16) years or older to operate. b. Valid driver's license is required of all customers. c. Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. d. Operation is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 5. Prior to the operation of the Low-speed Vehicle establishment an approved business license for this address must be obtained from the Commissioner of the Revenue's Office. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (55) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: to Agenda Item 11 A•• Timothy Property • Ocean Rescue Service, Inc. V_B • . . CouncilCity . '- Project Details Request Alternative Compliance (Low-speed Vehicle Storage) 2oZH HP�F S� Staff Recommendation Approval - OVA-st. Staff Planner , Garek Hall Hannigan Location 1804 Arctic Avenue GPIN 242707836 Site Size 4,620 square feet A �N nBn°"e`�o r wR AICUZ - 65-70 dB DNL; Sub-Area 1 m , Watershed _ •^ Atlantic Ocean Existing Land Use and Zoning District Warehouse, former Lifesaving Service building /OR Oceanfront Resort ► ._ y,� �`�"""""'� Surrounding Land Uses and Zoning Districts North S5 , Single-family dwellings/OR Oceanfront Resort South" 181h Street Tow yard, storage yard/OR Oceanfront Resort .. �M !� ,y ► East ¢ 3g e Arctic Avenue r vt Atlantic Park/OR Oceanfront Resort y ' West Commercial building/OR Oceanfront Resort Timothy Paasch Agenda Item 11 page 1 of 12 Background & Summary of Proposal • The applicant is requesting a Special Exception of Alternative Compliance for Low-speed Vehicle Storage as the use is not expressly listed in the use table of the Oceanfront Resort District Form-Based Code. The proposed rental facility will occupy an existing warehouse space at 1804 Arctic Avenue. • This request is in response to a Notice of Violation issued on May 3, 2024, for the illegal operation of a Low- speed Vehicle Rental facility on site. • While the Oceanfront Resort District Form-based Code does not expressly list the Low-speed Vehicle Storage as a permitted use within the Resort Area, the actual operation (i.e., driving) of Low-speed Vehicles is permitted within the Resort Area. • The applicant proposes to operate a Low-speed Vehicle Storage facility on site. Low-speed Vehicles are street-legal vehicles similar in size and appearance to a typical golf-cart. These vehicles are required by law to be equipped with headlights, brake lights, taillights, reflex reflectors, an emergency or parking brake, an externally mounted rearview mirror, an internally mounted rearview mirror, a windshield, one or more windshield wipers, a speedometer, an odometer, braking for each wheel, a safety belt system, and a vehicle identification number. Additionally, Low-speed Vehicles are not permitted to be operated on public roadways where the maximum speed limit exceeds 35 miles per hour. • Every public roadway in the Resort Area features a speed limit of 35 miles per hour or less; there are no current restrictions as to what roadways these vehicles could operate. • Per Section 7-10 of the City Code, operation of a Low-speed Vehicle is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. • Currently, dealerships and rental businesses deliver Low-speed Vehicles by trailering them to customers in the Resort Area. The business model presented in this application is to have a satellite location for the storage of Low-speed Vehicles. These vehicles will be delivered directly to customers in the Resort Area by an employee that would drive the Low-speed Vehicle to the renter and then return storage facility. The renter will then be responsible for returning the vehicle to the subject facility. • This facility will be used to store Low-speed Vehicles—The rental of Low-speed Vehicles is not permitted on this site. The applicant's business model involves delivering the Low-speed Vehicles to renters directly. Timothy Paasch Agenda Item 11 page 2 of 12 Zoning • OR # Request STC (Atlantic Park)Approved 1210112020 ti, 6 STC (Atlantic Park)Approved 08/17/2021 1 ALT Atlantic Park Approved 08/17/2021 =__ ALT (Atlantic Park)Approved 09/20/2022 MDC(Atlantic Park)Approved 09/20/2022 OR 2 STR Approved 06/09/2020 STR Approved 01/18/2022 3 CUP(Automobile Museum)Approved 12/07/2010 _ OR - - 3 ', A Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT-Alternative Compliance 7- Evaluation & Recommendation In Staff's opinion, this proposed use is not compatible with the adopted long-range goals and policies of the Resort Area. However, as the applicant has agreed that the use of this facility will be temporary while major redevelopment projects in the Central Beach are underway, such as Atlantic Park and Right-of-Way improvements. The applicant is amenable to a condition, Condition 1, which nullifies this Alternative Compliance at the end of the year 2029, Staff is agreeable that the use of Low-speed Vehicle Storage is acceptable on a temporary basis while a deeper analysis regarding the greater impacts of Low-speed Vehicles in the Resort Area is had. The Oceanfront Resort District Form-Based Code (ORDFBC) provides flexibility through the Special Exception of Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP), per Sec. 7.3 of the ORDFBC. The proposed use of"Low-speed Vehicle Storage" facility is not expressly listed within the Permitted Use Table, per Sec. 5.2 of the ORDFBC, and necessitates the Alternative Compliance request. The prevalence of Low-speed Vehicles in the Resort Area has increased as several dealerships for these vehicles have begun operating in the city, as well as the growing number of electric vehicle charging stations at hotels. Timothy Paasch Agenda Item 11 page 3 of 12 The growing number of Low-speed Vehicles has presented challenges for Resort Management, Parking Management, and Police, including illegal operation of these vehicles on sidewalks and the Boardwalk, as well as the illegal parking of the vehicles over pedestrian walkways and greenways.The outcome of this application will not prohibit the use of Low-speed Vehicles in the Resort Area, nor will it mitigate or solve any issues pertaining to their use in the Resort Area. With these factors in mind, the Oceanfront Resort District provides 'Review Standards' for applications for Alternative Compliance, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies these standards. Each of these standards is listed below, with a Staff comment pertaining to the degree to which the proposal does or does not meet each. • Promotes modes of transportation other than the automobile, including walking, biking, and transit. Staff Comments:The proposal for a storage facility dedicated to personal Low-speed Vehicle rentals does not promote a mode of transportation other than the automobile as Low-speed Vehicles are regulated and utilized in a manner virtually identical to those of traditional automobiles. As Low-speed Vehicles are bound to the same constraints of automobiles, they do not work towards reducing traffic and congestion nor parking demand in the Resort Area. While micro-transit is a recommendation of the Resort Area Mobility Plan (RAMP), the method of compatible micro-transit is not personal vehicle rentals but rather shared alternative mobility devices such as e-scooters and e-bikes, or larger format rideshares such as Uber or Lyft services (RAMP Pg. 48-49). Further, the ViBe Creative District Connectivity Plan (VCD CP) emphasizes the continuance of the district as being pedestrian focused (VCD CP Pg. 2):The continuance of auto-centric uses and uses which rely on automobiles is antithetical to the goals and visions of the ViBe district as well as the Resort Area as a whole. As Low-speed Vehicles function and behave no differently than automobiles, this proposed use to store Low-speed Vehicles does nothing to promote modes of transportation other than the automobile and would not be consistent with the recommendations of the RASAP or RAMP, nor the intent of the ViBe district. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: The requested Low-speed Vehicle storage facility use does not alter the existing built environment as no new additions/buildings nor site improvements are being proposed as part of this request.The long-term vision for streetscape improvements in and around the ViBe district includes infilling existing sidewalk gaps along Arctic Avenue (VCD CP Pg. 8) and improving the roadway infrastructure, sidewalk infrastructure, and providing non-metered on-street spaces along 18th Street (VCD CP Pg. 6-7). While the by-right reuse of structures would not require the improvement of adjacent sidewalks, it is the expectation that projects that require Alternative Compliance should further "the stated goals and objectives of the Resort Area Strategic Action Plan" (ORDFBC Sec. 7.3.3[A[1]1). Additionally, this site is adjacent to the Atlantic Park site, specifically the Surf Park portion of the project, which is anticipated to bolster and enliven pedestrianism within the Central Beach portion of the Resort Area. However, as this proposal is envisioned as a temporary use of the property and given the right-of-way improvements along Arctic Avenue and 18' Street which would disrupt any sidewalk improvements made at this property, Staff is agreeable that the lack of pedestrian-oriented activity is understandable for the time being. Timothy Paasch Agenda Item 11 page 4 of 12 • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments:The proposed Low-speed Vehicle storage facility use is not an "active use" in that it does not generate nor promote high pedestrianism activity between itself or adjacent uses. Further, auto-oriented uses are not compatible with the Oceanfront Resort District as vehicle uses are intentionally excluded from the Permitted Use Table in order to shift the district towards being more pedestrian friendly. Given these factors, Staff does not find that a Low-speed Vehicle storage facility would be a long-term compatible use within the Resort Area under the current framework provided by the long-range plans. However, Staff does believe that as a temporary use the storage facility would be an appropriate reuse of the existing nonconforming building. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments:The proposed Low-speed Vehicle rental use is to be conducted on the corner of Arctic Avenue and 18th Street. Both of the streets are the Beach Frontage Type. The Beach Frontage Type is intended to serve as a "quieter frontage with high pedestrian activity" and typically feature low- to medium-density residential and neighborhood-oriented uses (ORDFBC Sec. 2.1).There is a focus on pedestrian oriented uses along this Street Frontage Type. The proposed use is not necessarily consistent nor inconsistent with the intent of the associated Street Frontage Type: While the use does activate the surrounding neighboring properties nor promote interaction between neighbors, it also does not draw in unnecessarily large and disruptive activities as customers are not going to the physical facility to rent the Low-speed Vehicles. While Staff does not believe any future automobile/vehicle rental uses would be appropriate on any Street Frontage Type within the ViBe Creative District, given its goal of becoming a walkable hub (VCD CP Pg. 2), this use is temporary in nature and would be appropriate in maintaining the status quo of the existing building in the interim. • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: Physically, there are no site changes nor construction proposed with this request for a Low-speed Vehicle storage facility. Given this is a temporary use no site changes are being requested as part of this application. • Advances the goals and objectives of the parking strategy for the District. Staff Comments:The proposal of introducing Low-speed Vehicle rentals to the Oceanfront creates a double-parked effect, wherein visitors must first park their personal vehicle and then must find another parking accommodation for their rented vehicle, essentially doubling the parking required for one user. The Resort Area does not differentiate Low-speed Vehicle parking from typical automotive parking, and there is not currently any "Low-speed Vehicle parking only" areas within the Resort Area, leading to this use introducing a mobility type that actively works towards increasing the overall need for parking in the Resort Area. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: Staff does not believe that the reuse of the existing vacant building on the site as a storage facility for Low-speed Vehicles will have any detrimental impacts to the surrounding properties. The proposed use will be beneficial for the area as it ensures the continued use of the Lifesaving Service Building, which itself has become a landmark for residents in the Resort Area. While there are Timothy Paasch Agenda Item 11 page 5 of 12 larger impacts of the general proliferation of Low-speed Vehicles within the Resort Area, this use does not immediately impact whether these vehicles will be in the Resort. The ViBe District nonprofit board wrote a letter of support for the proposed Low-speed Vehicle storage facility use noting that any concerns with pedestrian safety or illegal parking and use of the vehicles could be mitigated by the rental company via educational signage on each vehicle. In addition, Staff has received 23 letters of support from surrounding businesses and residents. Ultimately, Staff generally does not support Low-speed Vehicle storage nor rental business in the Resort Area given the contradiction between the use and the adopted policies of the Resort Area Strategic Action Plan. Having evaluated the proposal against the review criteria adopted in the Form-based Code, Staff was unable to find the proposal in conformance with the aforementioned criteria. However, as an interim use of the property Staff believes this proposal is acceptable. In acknowledging that redevelopment is imminent in the Central Beach, that there is an abundance of support for the proposal, and that the use is temporary in nature, Staff is able to support the application with the conditions listed below. Recommended Conditions 1. This Alternative Compliance shall expire on December 31st, 2029 (12/31/2029). To continue the use of the Low-speed Vehicle Storage Facility after such expiration, a new Alternative Compliance shall be obtained if still required by the applicable code sections. 2. The total number of Low-speed Vehicles permitted to be stored at this facility, addressed 1804 Arctic Avenue, shall be 20. 3. No outdoor storage of Low-speed Vehicles is permitted on this property—All vehicles must be stored within the facility, addressed 1804 Arctic Avenue, located on the property. 4. A sticker or plaque, as approved by the Zoning Administrator or their designee, shall be placed within the Low-speed Vehicles where such sticker or plaque will be seen and read by a reasonably observant customer is required. Such sign shall contain the following information at a minimum: a. Operators must be sixteen (16)years or older to operate. b. Valid driver's license is required of all customers. c. Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. d. Operation is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 5. Prior to the operation of the Low-speed Vehicle establishment an approved business license for this address must be obtained from the Commissioner of the Revenue's Office. 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/ Timothy Paasch Agenda Item 11 page 6 of 12 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 Resort Area SGA and the Short Term Rental Overlay and ViBe Creative District. Low- speed Vehicles are considered a form of micro-transit to be utilized as shared-ride for drop off and pick up, however not for private use (RAMP Pg. 48). Residents desire better parking and pedestrian management to make parking safer and more connected (RASAP Pg. 79). In the Resort Area Strategic Action Plan, mobility planning calls to "divert traffic out of the neighborhoods" and states shared mobility devices "...can pose challenges to vehicular safety and curbside management" (RASAP Pg. 21).The ViBe District, which this property falls within, is deemed "an ideal walkable scale, with most destinations under a 10 minute walk from one another" (p.3, ViBe Connectivity Plan). ResourcesNatural & Cultural • . The site is located in the Atlantic Ocean watershed. Public • . Water and Sewer The site connects to City sewer and water. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 23 letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 31, 2024 and August 7, 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 July 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 8, 2024. Timothy Paasch Agenda Item 11 page 7 of 12 City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, September 3, 2024 and September 10, 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 30, 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 September 13, 2024. Timothy Paasch Agenda Item 11 page 8 of 12 Site Survey IAX W OfVP N 76't5'l$'!� QlN01'9RY #MM t' W 1804 Arctic Avenue W � � Q U e; s Cif EL74 PP Nq 18thStreet Timothy Paasch Agenda Item 11 page 9 of 12 Site Photos VIA m 4b� t rr s �n b F. 'k` Site • • s 4 Timothy Paasch Agenda Item 11 page 11 of 12 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Timothy Paasch Agenda Item 11 page 12 of 12 113 Disclosure Statement L Qftfiydva , Planning&Community - T�nt Develop 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 Timothy Paasch Does the applicant have a representative? ❑Yes 0 No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?E Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) Timothy Paasch 100% • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of interests Act,Va. Code§2.2-3101. R.,v sed 11.09.2020 1 Disclosure Statement CVaQr►V,,x r1anning&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 W NO If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes 0 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes a No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?E Yes ❑ No • If yes,identify the firm and individual providing the service. Donna Hughes,CPA, 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes K NO • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑Yes It No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure statement Planning&Community µ. Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ■ No if yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No if yes,identify the firm and individual providing the service. Applicant Si nature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committ connection with this application. Applicant Signature ✓� } _. r: Print Name and Title 5- Date 1 Is the applicant also the owner of the subject property? ❑Yes NO • if yes,you do not need to fill out the owner disclosure statement. FOR that pertains to the applications �d ..pa °'" 9�3/2�2 steri.tdro W; _ "'"'tom'"` Garek Hall nniaan Revised 11.09.2020 3 1 P a g e Disclosure Statement Cull Oflfi,h Planning&Community Development Continue to Text Page for Owner Disclosure Revised I1.09.2020 4 P a g e Disclosure Statement Planning & Community Development Owner Disclosure Owner Name Applicant Name Timothy Paasch Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Linda Hinnant, President, Secretary, Treasurer Lee Coleman Hinnant, Vice President • if yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Disclosure Statement Am Citpofiv,i Bam* :F. .. w Planning&Community Developnient Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collaterali=ation,etc)or are they considering any financing in con coon with the subject of the application or any business operating or to be operated on the property? ❑Yes ITNo • if yes,identify the financial institutions providing the service. 2. Does the Owner ave areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes R No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided inin'connection with the subject of the application or any business operating or to be operated on the property?0 i�Yes <o • If yes,identify the firm and IndlvlduaI providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided i nnection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 3'-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 2-Co • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor i connection with the subject of the application or any business operating or to be operated on the property?0 Yes Oct 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 P44 • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure Statement Planning &Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing legal the service. Owner Sifnature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature I intia Hinn,3nt prP53dant Print Name and Title Date Virginia Beach Planning Commission August 14, 2024 Public Meeting Item #11 Timothy Paasch Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. So then our last item will be agenda item #11, Timothy Paasch. Mr. Paasch: Good afternoon commissioners, Tim Paasch. I'm looking to request to operate low speed vehicle storage business, and I agree with all staffs recommendations. Ms. Cuellar: Thank you very much. We appreciate that. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: The applicant is seeking to have permitted a golf cart rental facility at 1804 Arctic Avenue. Well, there were some reservations that staff had regarding this facility. The applicant had agreed that this will be on a limited basis for five years as one of the conditions, and therefore, with that limitation, the staff was willing to recommend approval of this. Based upon that there was no objection noted to us, and therefore, it was appropriate to place this item on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman,that was the last item on the consent agenda. The Planning Commission will now place four items on the consent agenda. Items#1, 4, 7, and 11. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve the consent agenda as read by the Vice Chair? Motion by Mr. Plumlee, and second by Ms. Hippen. Madam Clerk: The vote is now open. By a vote of 10 to 0, consent agenda items#1,4, 7, and 11 have been recommended for approval. Mr. Alcaraz: All right,thank you. Those items that were approved,you can get with your planning representative, and they'll tell you when you'll be seen at City Council. Thank you for coming. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris X Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Alternative Compliance shall expire on December 31St, 2029 (12/31/2029). To continue the use of the Low-speed Vehicle Storage Facility after such expiration, a new Alternative Compliance shall be obtained if still required by the applicable code sections. 2. The total number of Low-speed Vehicles permitted to be stored at this facility, addressed 1804 Arctic Avenue, shall be 20. 3. No outdoor storage of Low-speed Vehicles is permitted on this property—All vehicles must be stored within the facility, addressed 1804 Arctic Avenue, located on the property. 4. A sticker or plaque, as approved by the Zoning Administrator or their designee, shall be placed within the Low-speed Vehicles where such sticker or plaque will be seen and read by a reasonably observant customer is required. Such sign shall contain the following information at a minimum: a. Operators must be sixteen (16)years or older to operate. b. Valid driver's license is required of all customers. c. Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. d. Operation is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 5. Prior to the operation of the Low-speed Vehicle establishment an approved business license for this address must be obtained from the Commissioner of the Revenue's Office. r CITY OF VIRGINIA BEACH PLANNING t t a ml< a `z h � w $ Talking Points Safety: Low-speed golf carts provide a safer mode of transportation within the resort area compared to faster vehicles. With reduced speeds, the risk of accidents and injuries is significantly lowered, especially in areas where pedestrians and other vehicles are present. All rules of the road are required for low-speed vehicles such as seat belts, child safety seats, headlights, horn, DOT windshield, insurance and the LSV must be registered with a low speed vehicle license plate from the DMV. Parking: Golf carts take up less space than regular vehicles, making them ideal for navigating through narrow resort paths, streets and fitting into compact parking spaces. This can help alleviate parking congestion and ensure that guests can easily find convenient parking spots. Eco-Friendly: Electric low-speed golf carts produce minimal emissions, contributing to a cleaner and more sustainable environment within the resort area. By opting for eco-friendly transportation options,the resort demonstrates its commitment to environmental stewardship and sustainability practices. Many local businesses have installed LSV charging stations to attract these vehicles and drivers to their businesses. Ease of Delivery: We offer a white glove, eco-friendly delivery service (carts are cleaned, charged and ready to drive) to all parts of the resort area with an easy drop off and pick up service from one of our trained staff members. We drive the low-speed cart to the customer's location and ride an electric bike back to our shop. Low-speed golf carts can be utilized for various logistical purposes within the resort area,such as delivering supplies,luggage, and amenities to hotels, shops or different facilities. Their maneuverability and accessibility make them efficient tools for streamlining delivery services and enhancing guest satisfaction. With every delivery we go over all rules and regulations for the operation of the cart, as well as rules of the road and the areas that the carts are not allowed. Fun for All Ages: Riding in a golf cart can be an enjoyable experience for guests of all ages, adding an element of leisure and excitement to their stay at the resort. Whether it's exploring the scenic surroundings or simply cruising around the resort area, low-speed golf carts offer a unique and memorable way to travel within the resort. Accessibility: Golf carts provide accessible transportation options for guests with mobility challenges or disabilities, ensuring that everyone can easily navigate the resort's amenities and attractions. By offering inclusive transportation solutions, the resort promotes accessibility and inclusivity, making the experience enjoyable for all visitors. The Vibe District is a walkable fun area, but when it comes to the older generation, they are not able to walk the entire district. By using a LSV, it makes it easier for the entire family to enjoy the Vibe District and all its shops, restaurants, breweries and venues. Would you rather see this taking up space in the trolley lane? T Or, would you rather see our white glove, eco-friendly, delivery service? w . . m y Y y ,C r ow el s 3 We drive the low-speed golf cart to the customer's location and ride an electric bike back to our shop. RENTBEACHBUGGIES.COM RENTSALTYCARTS.COM v �4'+; _• RENT GOLF CARTS .ttff 601i CARRi ♦ (llf ' klpy/*' a �► GOLF CART RENTALS **RULES OF THE ROAD** • Cart absolutely cannot be driven on the beach or walkways to the beach • Cart is prohibited to be driven on the boardwalk, the bike paths, and trolley lane • Cart must only be driven on roads with a speed limit of 35 MPH or less • Renter must obey all traffic laws of the road • Seatbelts must be worn at all times • When not in use, store the cart in a safe area and always take the key with you • Keep the cart plugged in when not in use • Always return the cart fully charged and cleaned out • No off-road or reckless driving (Sand causes damage to the motors) • Absolutely no driving under the influence of drugs or alcohol • Never drive the cart with the parking brake engaged • Always park the cart in proper parking spaces • No underage driver at any time or anywhere (ALL DRIVERS must be 30 years of age with a VALID LICENSE and proof of insurance) • Any damages caused by the renter must be reported ASAP • All drivers must have a valid driver's license and car insurance • Renter is responsible for all damage done to the car while in possession of it • Four passenger carts can only have four passengers in it. The same respectively for six and eight passenger carts. • Please note, you are solely responsible for any citations or fines attached to the rental golf cart during your rental period -(4� virginia beach RESORT ADVISORY COMMISSION Planning, Design and Review Committee (PDRC) The regular meeting of the RAC's Planning & Design Review Committee (PDRC) was held on Tuesday, March 5, 2024, at 8:00 a.m. in the Virginia Beach Convention and Visitors Bureau office located at 600 22"d Street, 2"d Floor, Virginia Beach. VOTING MEMBERS PRESENT: Bill Almond, Gerrie West, Michael Levinson, Rob Murphy, Duff Kliewer, John Hodges, David Keith, Bernice Pope, Chuck Cayton, Dee Oliver, Duff Kliewer VIRTUAL: Chris Neikirk MEMBERS ABSENT: Adam Schultz, Kathy Browning, Angela Keaveny CITY COUNCIL NOT PRESENT: Councilman Taylor CITY LIAISONS and STAFF PRESENT: Brande Rumpf, Alex McFadden, Garek Hannigan, Sgt Nick Ball, Councilman Remick, Wendell Phillips PUBLIC: Jay Woodard, Shawn Buddenhagen, Jinal Kothari, Tony Arnold, Tim Paasch CALL TO ORDER: Chair Almond called the meeting to order at 8:00 a.m. MOTION TO APPROVE THE MINUTES FROM January 30, 2024, MEETING: A motion was made by Duff Kliewer to approve, seconded by Dee Oliver. The motion passed unanimously. PRESENTATION: Mike Anaya with City of Virginia Beach Economic Development presented the Oceanfront Restroom CIP Update. In 2019, a CIP in the amount of$2.25 Million was allocated for oceanfront restrooms. Since then, the 2nd Street shower facility has been constructed, design work was completed for a possible 30th Street facility, though construction did not proceed with this project, and the 20th Street restrooms complex was completed in 2023. The Stakeholders Feedback Session findings and recommendations suggested there was a need for the City to add additional restrooms to the Resort area as well as providing appropriate upkeep. Based on this recommendation, Mr. Anaya proposed a restroom facility be constructed at the 6th Street connector park. He suggested the concept for this additional restroom facility be based off the 20th Street facility, to included attendants, five restroom stalls and either a shower or foot wash. DISCUSSION: OLD BUSINESS: Chair Almond explained that the Caf6 regulations are being revised and updated and will possibly be ready for review and approval within the next few months. Some revisions include that a survey will now be required for all renewals, Cafes include at least ten feet of greenbelt space from the bike path, and Cafe planting beds to be five to eight feet deep. NEW BUSINESS: Tim Paasch, owner of MOKE rentals, discussed his application to rent Low Speed Vehicles (LSV) from a new location, 510 17th 1/2 Street. MOKE currently rents LSV's from their VB Blvd location by towing the carts to the oceanfront with many hotels and restaurant having installed charging stations to accommodate the LSV's. Mr. Paasch shared with the group that the LSV's include a geo-tracking system with No-Go Zones, such as the boardwalk and sidewalks. MOKE provides an educational component of operation of the carts to renters and drivers. Included on the carts are also stickers that state the laws and rules of operating the cart within the Resort Area. Motion to approve was made by Mike Levinson, seconded by Tony Arnold. Members voted 10 to 11 to approve with the exception of Bernice Pope. Ms. Pope requested from the group a vote and a motion to amend the originally approved request. The group did not support Ms. Pop's request with a second. ADJOURNMENT There being no further business, the meeting was adjourned at 8:49 a.m. Billy Almond Lisa Neal Chair Recorder Minutes have been summarized. Full audio recording available upon request. _ OING Sponsorship Agreement Virginia Beach Events-Signature Series 2024 Date:April 29,2024 Manager: Sponsor: Moke-Virginia Beach Integrated Management Group,LLC Ila IMGDING ("Soonsor) ("Manaoer') Address: Beach Events c/o IMGoing Attention:Tim Paasch 4500 Holland Office Park Tel: Suite 318 Email:tim@mokevb.com Virginia Beach,VA 23452 Attention:Angela L Fisher 919.971-9513 angela.fisher@IMGoingEvents.com 1. Event Name is):Virginia Beach Events-Signature Series(the"Event") 2. Event Marketing Dates:_. `C'- rn b UT l I b Yv)oh nk t��`%�I�� 1-T''� �P� s 3. Official Sponsorship Category: Exclusive Golf Cart Category Level - Signature Series Sponsor 4. Event Location(s)-Virginia Beach Oceanfront,Parks,Atlantic Avenue Locations S. Sponsorship Fee Schedule-6 Month Signature Category Sponsorship: • $5,000-due May 10,2024 • $5,000-due June 10,2024 • $5,000-due July 10,2024 • $5,000-due August 10,2024 • $5,000-due September 10,2024 • $5,000-due October 10, 2024 "Payments can be made by check,ACH, CC(subject to 4%credit card processing fee) Sponsor shall make payment of the Sponsorship Fee payable to: Integrated Management Group,LLC 4500 Holland Office Park,Suite 318 Virginia Beach,VA 23452 Attention:Angela L.Fisher Live on Atlantic Sponsorship Agreement-Individual Event Page 1 Letters of Support � � U CREATIVE ViBe District Virginia Beach 11/1/2023 Board Members Brandon Hackney Laura Wood, President Zoning Department Andrew Fine, Immediate Past President City of Virginia Beach Jody Wagner,Vice President 2875 Sabre Street, Suite 500 Lawrence Steingold, Treasurer Virginia Beach, VA 23452 LG Shaw, Secretary Don Frederick RE. VB Beach Buggies / MOKE America business in ViBe District Robin Brickell Charles Powell Dear Brandon, Derrick Bone Greg Zittrain On behalf of the ViBe District nonprofit board, I would like to offer this Cole Werkheiser letter of support for the pending conditional use permit request by Tim Nadine Paniccia Paasch, small business owner operator of VB Buggies and MOKE America Jeremy-Maloney street legal golf cart sales and rentals on 17 1/2 Street and 18"' Street in the Bill Gambrell ViBe Creative District. Aaron Phipps Brian Jones As ViBe stakeholders have seen the local use of street legal carts increase Nate Fine in recent years and our organization promotes the use of golf carts for Kim Shuler public tours of art, a golf cart rental business is complementary to our 3J Griffin neighborhood. Street legal golf carts provide a fun and engaging way for Dare Ruffin people to explore the resort area in an open air environment making it Poetry Jackson easier to view public art and enjoy the beach atmosphere. The electric Scott McCluney carts are also an environmentally friendly mode of transportation. Kara Hanger Kathy Warren, Liaison City of VB Last month at a RAC subcommittee meeting, I shared with the TTPC Chair Martha McClees, Liaison VB Vision Chuck Clayton that ViBe was in support of street-legal golf cart rentals in Lisa DeNoia, Liaison FCD Board the central beach area for both local and tourist use. The primary concerns Tamar Smithers, Liaison VAACC that were shared with me were: 1) pedestrian safety concerns of golf carts Margaret Foltz, Liaison VBAC on the boardwalk/bike path east of Atlantic Ave and 2) illegal parking of Gary Ryan, Liaison MOCA golf carts on landscaping or non-parking areas. Sharon Prescott, Liaison HPC Kate Pittman, Executive Director It was agreed that any rental company could help mitigate these concerns with appropriate signage on golf carts and user education--such as short Friends of the Creative District video and user contracts online via the rental agreement. Executive Board Members Thank you for your consideration of this creative business model and President allowing the business activity in the ViBe District. LG Shaw,WRV Vice President Sincerely, Katerin Goold,TowneBank Treasurer Mia Guile,Artist Secretary Stefanie Mitchell,2050Community Kate Pittman Immediate Past President Executive Director Lisa DeNoia, 1701 CC:Tim Paasch, Business Owner; CC: Garek Hannigan, Zoning Administration PO Box 3601 Virginia Beach,VA 23454 757-202-9533 www ViBeCreativeDistrict,or^ To whom it may concern, please be advised that I support the effort being pursued by Tim Paasch with the Virginia Beach City Government to allow low speed vehicles to travel on the streets in the Vibe District. I am the owner of Mary's Kitchen located at 616 Virginia Beach Boulevard, Virginia Beach, Virginia 23451. Thank you, My Best, Alice Alice Francisco Ruffin 1 ,uffin Family Office 300 32nd Street, Suite 500 Virginia Beach, Virginia 23451 757-636-8300 SHADOWLAVVN CIVIC LEAGUE Blake Roberson J shadawlawncl( gmail.com June 7, 2024 To Whom It May Concern: It is my pleasure to enthusiastically support Moke America Virginia Beach to expand their golf cart rental business into the Vibe District. My name is Blake Roberson, President of the Shadowlawn Civic League. Our Civic League has had the pleasure to watch Moke America Virginia Beach serve our neighbors, oceanfront district and city for residents and visitors since opening in 2000. Tim Paasch has lived in the city for 64 years and has long supported his community and can often be found sponsoring local events and individuals in our community. We strongly support Moke American Virginia Beach joining the more than 60 businesses in the Vibe community. Mokes expansion into the Vibe will allow residents and visitors a fun and exciting way to explore the city. Additionally, the golf carts will provide a low-speed option that supports green energy and will lower emissions in the area. This fun family friendly means of transportation will entice members to cruise the various districts we have and quickly stop to support other surrounding businesses. In conclusion,we are in strong support of Moke America Virginia Beach joining the Vibe District, Sincerely, Blake Roberson Sal High Paint Ave, Virginia Beach, VA 23451 Office: 757-754-9439 1 shadowlawncivicleague.com April 26,2024 Tim Paasch 1765 Virginia Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&508 17%Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in VtBe Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510B 17 V2 Street.We believe the community benefits from the inclusion of golf carts[LSVs]. We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding coastal/creative community. Sincerely, i Print Name Signallm Date Virginia Beach Virginia 23451 XAss nsmess 14agi if Applicable t '$'*A'0N'i�" ji ,y ti g , VA 234S4 z 51 ? , et Al�, r '°xe vornlear� e ,uest Beach City r-OLI Z' Members, ers, Ui e s ace Soat.ec E u i:reative District.we wo.►ld like to r rLSV rentals from the$pace locateG�at 510817'h r eyrnhc r and! ne"Oborif'g business r t re h P ortf r t�trr red rental of l0v;*-speer�-vehicle Press our supp � he�,8fits frnm the,incluSiOn of golf carts[LS1 s reef °ate ,eiieve:fie community >�: ..r ,-,��e ro�rerty i3T1Cl tl'e?use?S '�'t�the 5Ur1"i3Uft{llr� h th S3t$ase i t request :'use« � feel V e 4 rps.. rf^ 37 ty , :. A. Date fij�rr�tUr2rivs '- .. 2345 dad C: e ss Ap 4 �,� n ma Read',BLYT 765 t 1 3 lS eaCh,A2_545+ . v IT. `;r'iriia Beach City cous.cil Members. Asa neighbor a ids or neighborling business of the to ue space located in Vi3e Creative District,we would like to expless ocsr support for continuer!rentel dplow-speed-vehicle[l_SVI rentals from the space located at 51081', '� Streqt we believe ttte community benefits frc:rr,tl)e inclusion Of gohf ca-s(LSVsI- = e feel tha:ji=s is a beneficial re u ted=.use for the pro .ty and the use iscomphMentary to the surrounding Rb. roa llcreaivs-lommunitt} a A �$ w. ___..t�___ -- --p- tint N sme 5 9�y ire a,,a e Pltgir�a 23451 Address 3 Ocean Rescue Service, Inc. 1804 Arctic Avenue Virginia Beach, VA 23451 May 31,2024 Mr. George Alcaraz, Chairman City of Virginia Beach Planning Commission 2875 Sabre Street Virginia Beach,VA 23452 RE:Rent Beach Buggies conditional use permit Dear Mr.Alcaraz: My family has owned and operated a business in the resort area since 1930. We have witnessed an enormous change over that time and we now welcome all of the new businesses and activities that the City enjoys. One of the businesses who wants to be our neighbor is Rent Beach Buggies which is coming before you on June 12, 2024 for a conditional use permit. Through the establishment of the VIBE district and its influence on the area, many have had their buildings become a part of the artistic endeavor and Rent Beach Buggies is one of them. It truly acts as a celebration of the area. Their business has volunteered in the resort area as well. With the City continuing to make a large investment to turn our resort from just having a shoulder season to making it a true year-round destination, we can look to Rent Beach Buggies to add another family activity that can be enjoyed at any time. It meets the objectives of the resort area in promoting family values,volunteering in the community, and enhancing the artistic nature we desire. This family run business comes with my highest recommendation and I respectfully ask for your approval as it goes before the City Council. Sincerely yours, Linda Hinnant President a° err St &v .� neighboring business of the Moke v. wed:in ViBc Cr We t ,�e would like to express our support fv� E r� of lr,w-sp�e4.IdeILS rentals.from the spsc� 'Z : Wq the com nunity`be tfits from-*c 8clug op Y r -� his i beneficial requested:.use for the:F and' e: s 4 1 e �to tK duncling Coastal/crcative community.. y S�Yb '{- re �. Y�, r 5 Jk al4� 77 - - rliil�aaSGh � 17 5V'rgin'a Beach BLVD Fgntia Beach.'V�it3�54 , 32x-PCCC-CLI17C 510&5a8 17'h Street Alternative Compliance Request 71 r; w � - .G 'ihrginla Beach City council Members, As a neighborand/or neighboring business of the Moke space locatec in ViBe Creative District,we would like to dress our support for continued rental o`iow-speed-vehicle[LSV]rentals from the space located at 510E 1716 Street.We believe the community benefits from the inclusion of golf carts[LSVS]. �Ne feel that this is a beneficial requested use for the property and the use is complimenta-y to the surrounding avt3llct83tive community. nt r'ame Signature Date . 1".-tf 11vj � Virginia Beach Virginia 23451 Address Business Name if t;pY kcabie �a e nia h.VA 23+54 . �x �3 P CC \u er e Camp=ance Req wM c' iS 2 nefahborara?or neighboring business c'the MoKs spare'_ 'r@3Clve Dili"lCL we would iiKe to press our support for continued rental of low-speed-vehicle�(LSV)rentals from the space located at 510E 17'h Street.We believe the community benefits from the+v ctusior,o-golf ca r�,i LSVsl. ficiai requested use fcr the or\operty and the use is ccmpilmen#.aov to the surrounding staVcreative community, r : z aE1aP iro;r,-; 23454, A.doyes S usirtess Name i r,�Dpki abie \ rE r x - b .c. ...., _. ` T 2C2 - = i tr t Aite,rrnati�,e dinviance Request k : ttch.City council Members, Asa ieighour and/car neighboring business of the MOkE space iocatetl in'v'I �,redti°ae District,we would like to express cur support for continued rental of lbw-�Peed-vehicle[LSV]rentals from the space located at 510E 17% Street_We believe the community benefits from the inciusion of golf carts[LSVS]. } . ;ee= _ *.is#�s isa iaenefi4ioi request b use for ttae propent`y and the use is comp imentary to the surrounding c s '�crea�nrc comet r' 'r rant Si nature aa_ �'�:s..�e �_ x �+ -3451 _ a', Virginia fi, Virg-nt; _ s ,m o'v nu b; :S n neighbor and}or neighboring business of the Moke space faceted in ViBe Creative District.we would like to express our support for continued rental of low-speed [LSV]recitals from the space located at510B 171/ Street,We believe the community berre�,ts from,he inclusion cf golf carts(l S11s,. We feel that tt�r ! Gene icrea req te-use fo: the;r oper'V enc the use is ccmpi eratafy to the surrounding a.. 4..✓i r.t;..'`x Date _ x v fit f't"' V3`v.r1iO 2.74 i� ' dress, r ^"I _ n# # ab a z y u i 765 Virginia,Beach BALD,' j„bf a 4 ea ch,ac ,Vice,2.:14.54 a Cr, a rf ^ „ t F3 .icsfe Request t ## #r yv L`'dc $Ct' G rCi t° it17r ; a r ei hhor and'ter r#sighboring tussness of tl�e Mole space"located#n ViBe Creative District,we would like to ex grass our supp,5t for continued rental of low-speed-vehicle[LSV)rentals from the space located at 510B 17% Street We believe 0"community benefits Prorn the rnclusior,of golf carts JLS :�.- We fee;that ,s s a beneficial reqwstad u,%Ilor the property and t o use is crmp!i,-r.entzry to the surrounting cCiastial/creas ve cornmunjty. Y K+ 44, , Ty �' � �� tom. 'a`�'S,,_ �d',m....'w..:�«' 1'.•t �t,y '�jy � ty,k.,;4 "'%';��>* F s4 '•� �axe -� �� �"„ " .' • �. +.^ �»�• " q�d tax }�,' K LVO 47 x Asa neighbor and/or neigh-boring business of the'yoke space located in ViBe Creative District:we would like to expr4ss our suppo-t or continued rentakof low-speed-vehicle rLSVI rentals from the space located at 51OB 17 ih z Street-We believe the community benefits from tt e lnclusion of golf carts[+SVsj. $. We feel that tftis is a benefx I requested use for the property ano the use is complimentary to the visround n , -' r� Address 2024 V I �E _.L,�L• srginia Beach 'JA 2 ; z i RE-.2023-PCCC-0 011 7 0 510&SOS 1?'r4 Street Alternative Compliance Request 4s a ,81 i �JrB^ r'C, Cnh}�i�ig Lsiri-SS�� r��-'JkG SRBC@ iCdaL2t�it Y�rE�tiVE District.WE NJGitIU like to ex rPss our suppc t For continued rental cif lovi-speed vehicle��Si;rz iai=from the space located at v1QB�7'h Street ►1t°e believe t-e;ommunity benefits from tre inclusior,4f 4oif cart'.(Lsysl. . 2 feel trc_tliiS b;:w beriefic:ui requested'J5e fe` `_he pr opefiy iir+j the use is Gmp;Eti;2nL8ry tr,the$iJrri;lirtd', g " astnl�';�reativ2i+t�r�;r�.�nt�y- , mate 2; ">4 . ddres. ;,s9r,ess Name !ppiicaele , > a a uatuw aczd a ��aSi3Go ,� �: aaq ►.;Q �i ' SAS-1 S_ 410 i s1�f93�(�Ij;aI.�1 i.C}w i_ i1: a-3q AlIU l.,jLU 0 C^`•.31�c G -Is —, ti23J3^jn5+ � �:.' "�C'{.�g at O` � �1c : a.,f•`�(�zS.z.. �Lz.'.}3N 'z. ;nC. � r.1 Y d���" _1.-3 i,�L✓v11"� .,t ..„ w6 rz,,r� M m r _ 1765 Virgin;@ Seac'i B+VD Virginia 8aach,VA is 54 - � -Cqi TO 54C) SOS 17'A Street Atte-r na' dve Vnt�pliance 1�e, lest r +r ;a Saach pity council Members, Asa neighbor and/or neighboring business of the Me,ke space located in V Ba Creative District,we would like to express our support,for continued renta of iow-speed-vehicle[LSV)rentals from the space located at 510B 1714 Street.We believe the community be: figs from,the inclusion- of golf carts[LSVs]. V,e.ffeal tt tl}is is e b 'te r7a°repijested use for thepro- perty and the use is com-p!-Imentery trs the surrounding coastal/creative Community ?, # 6J5 IQ t t S `, r x ? r in a rtonatur� _ H 4+y. GS each a -,.-c a a Y w Adds pP-ss To whom it may concern, We are writing a letter of support for Moke America Virginia Beach. My name is Emily Throckmorton, owner of Kaizen Athletics, a functional fitness gym located here in here in Virginia Beach,VA.We have been proud business owners in the Vibe District since 2016. Tim Paasch with Moke VB is continuing to make our city more accommodating for our local families as well as families that are vacationing here.With their rental golf carts, individuals can take in the stunning scenery, easily access shops and restaurants and most importantly it cuts back on parking needed.We support their business and everything they are doing for Virginia Beach. Thank you for your time, EmilyThrockmorton (804)366-0353 Kaizenathleticsvb :; mait.com www.kaizenathieticsvb.com June 6, 2024 Virginia Beach City Council Municipal Center Building 1 2401 Courthouse Drive Virginia Beach,VA 23456 Dear Members of the Virginia Beach City Council, am writing on behalf of Vibrant Shore Brewing Company, located at 505 18th Street, to express our enthusiastic support for Moke America Virginia Beach and rentbeachbuggies.com in their application for a conditional use permit to rent street-legal golf carts in the ViBe Creative District. As a business deeply rooted in the heart of the ViBe Creative District, we have seen firsthand how innovative and unique attractions can significantly enhance the vibrancy and appeal of our community. The introduction of street-legal golf cart rentals would provide a fun, eco-friendly, and convenient transportation option for both local families and visitors. This service would not only enrich the experience of exploring our district but also encourage more foot traffic and patronage to the local businesses. The presence of these golf carts would foster a greater sense of community and connectivity, allowing residents and tourists alike to navigate our beautiful area with ease. It aligns perfectly with the creative and forward-thinking spirit of the ViBe District, promoting a sustainable and enjoyable way to discover the diverse offerings of our neighborhood. We believe that supporting Moke America Virginia Beach and rentbeachbuggies.com in this initiative will have a positive impact on local businesses, including ours. The increased accessibility and mobility afforded by the street-legal golf carts will likely lead to higher customer engagement and satisfaction, ultimately contributing to the economic vitality of the ViBe Creative District. We are confident that this service will be a valuable addition to our community, enhancing the experience for all who visit and live in Virginia Beach. Thank you for your consideration. Sincerely, Rhett and Leisa Rebold -757-778-5080 Owner/Manager Vibrant Shore Brewing Company 505 18th Street Virginia Beach,VA 23451 Virginia Beach KOA 1240 General Booth Blvd Virginia Beach, VA 23451 757-428-1444 www.koavirginiabeach.com June 4, 2024 To Whom It May Concern: It is our pleasure to recommend Moke America and its owner,Tim Paasch, as a provider of street-legal, low-speed vehicles. We have worked with Tim and his staff for nearly four years to provide such vehicles to our camping guests who wish to rent them to take to the Virginia Beach Oceanfront. For many years, this was a service our guests requested but we were unable to provide. When we met Tim, that problem was solved. He and his team provide an excellent product, in that it is always top notch equipment that is well-cared for(never even looks used)and well-maintained (rarely are there mechanical issues). Make America delivers them promptly, and picks them back up promptly. Tiim's team has gone out of their way many times to meet our customers' needs. Tim sets a tone of generosity and customer service excellence, and it flows through his entire organization. We appreciate all they have done to assist Virginia Beach KOA and our guests, and I am 100% confident they will continue to provide the same level of product and service in any other location. Please do not hesitate to contact me if you need additional information. Sincerely, Keith Stachurski, General Manager Virginia Beach KOA AX MIV_t 6/4/2024 To:The City of Virginia Beach From: Max Media of Hampton Roads To Whom it may concern, Moke of America has been a great partner with Max Media on numerous charity events and causes in Virginia Beach.As a resident and employer in Virginia Beach, i would whole heartedty support a permit for Make to rent their Safe, Eco and family friendly carts in and around the Vibe district. Saving on parking congestion in that area is an added benefit. Sincerely, Keith Barton VP/General manager Max Media of Hampton Roads Hil I am writing this letter to show and voice our support as a local to allow electric low speed vehicles to be rented and used by locals and visitors around the Vibe and It could add another special touch to the experience of visiting and enjoying Virginia Beach! Thanks Matt Stein Matt Stain Vioe President of Safes w This message is intended only for specified recipients.If you are not the intended recipient you are notified that disclosing,copying,distributing,or taking any actio information is strictly prohibited.This communication represents the originator's personal views,which may not reflect those of Grandbrands or its subsidiaries.The attachments,does not contain a virus,worm,trojan horse,or other malicious code when sent.This message and its attachments could have been infected during tre any attachments,the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects.If you received this email in error, D Reply C Forward Virginia Beach City Council 2401 Courthouse(hive Virginia Beach.V123456 Dear Members ofthe Virginia livach City Council, I am writing in support ofa street-legal low-speed vehicle(LSV,rental operation out ofthe Vibe district,which I firmly believe,will enhance the experience of visitors and residents alike.The key benefits ofthis initiative prornise to bring both convenience and enrichment to the vibrant array of activiLies our beloved city offers. "Minimized Impact on Parking." Unlike many other transportation services,LSV rentals will have zero impact on parking,as these vehicles w ill be delivered directly to customers al.their hotels. This approach ensures minimal disruption and maintains the parking availability that is crucial during peak tourist seasons. Fnhanced\isitor Fxperienc e: LSVs.which can safely accommodate up to six passengers.provide a fun.comfortable.and secure way for families and older adults to explore\irginia Beach.The ease oftransportation will signil"Icantly enhance their ability to visit various attractions,from the lighthouse to parks,and out to the many unique Shops,breweries. and restaurants that may otherwise be challenging to reach on foot. Lco-friendly Iransporation: Emphasizing suatainability.these electric vehicles are eco-friendly and align with\irginia Beach's commitment to green initiatives.This mode of transportation reduces our carbon footprint and promotes a cleaner.safer environment for our community and visitors. Fcorromic and Social Benefits: The introduction of LSV rentals will attract more tourists.promote local businesses,and potentially increase their revenue.This model.already succeasfulh implemented in areas like Cape Chas and many other coastal towns.proves that I SVs are a modern.practical solution that brings communities up-to-date:with current tourist.preferences. Safety and Accessibility: The LSVs provide an easil accessible transportation option for older adults and those with mobility impairments.ensuring that they too can fully erljoy the amenities and beauty of Virginia Beach.This inclusivity fosters a welcoming environment for all visitors. Considering the minimal impact onyarking,enhanced visitor experiences,eco-friendly nature,and proNen success in other beach towns,I strongly urge the City Council to support the operation of street-legal LSV rentals in the Vile district.Ibis initiative is a kwmard-thinking step that not only morlernizPs our transportation services but also enriches the experiences ofthose who visit and reside in\irginia Beach. Thank you for)our time and consideration. Macon regards. Allen M.Fabijan April 26,2024 Tim Paasch 1765 Virginia Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&508 17'/2 Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in VMe Creative District,we would lice to express our support for continued rental of low-speed-vehicle(LSV]rentals from the space located at 510B 17'/2 Street.We believe the community benefits from the inclusion of golf carts[LSVs]. We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding coastalicreative community. l Sincerely, Print Name Signature Date Virginia Beach Virginia 23451 Address bv�Ls_ Business Name if 1 Applicable _ J April 26,2024 Tim Paasch 1765 Virginia Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&508 17%Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in ViBe Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSV]rentals from"the space located at 510B 17'/2 Street.We believe the community benefits from the inclusion of golf carts[LSVs]. We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding ooastal/creative community. Sincerely, Print Name Signature Date W9193 C-Lrw-NKe -nrt Virginia Beach Virginia 23451 Address B s if Applicable April 26,2024 Tim Paasch 1765 Vagina Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&508 17'/2 Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in ViBe Creative District,we would like to express our support for continued rental of low-speed-vehicle[ISV]rentals from the space located at 510B 17'/2 Street.We believe the community benefits from the inclusion of golf carts[LSVs]. We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding coastal/creative community. Sincerely, r ea��e`l 4cr� chc:n Print Name Signature Date 1 �j p� �'mar .. �� Virginia Beach Virginia 23451 Address _4 _. -- Business Name if Applicable April 26,2024 Tim Paasch 1765 Virginia Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&508 17'/z Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in VrBe Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510B 17'/. Street.We believe the community benefits from the inclusion of golf carts[LS Vs}. We feel that this is a beneficial requested use for the property and the use is complimentary-to the surrounding coastal/creative community. Sincerely, leS zy' Zo z c/ Print Name Signature Date I __cam;n ° _Jt Virginia Beach Virginia 23451 Address Business Name if Applicable April 26,2024 Tim Paasch 1765 Virginia.Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&50817 Y2 Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in ViBe Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510B 17'/2 Street.We believe the community benefits from the inclusion of golf carts[LSVs]. We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding coastal/creative community. Sincerely, Print Name Signature Date Virginia Beach Vuginia 23451 Address hus"Vis 14ame if Applicable As a proud owner of a Moke America Va Beach street legal golf cart,my lifestyle in the Bayfront community has been elevated.The exceptional service at Moke America made the buying process seamless.Tim,Melanie and Nico guided me through every step.ensuring I found the perfect model to fit y needs. Living in the Bayf runt area,having a street-legal golf cart is a game-changer.The convenience of hopping into my street legal golfeart and cruising around the neighborhood,visiting friends,or heading to the beach,makes daily life more endoyable. The compact size allows for easy parking and navigation through the community's narrow streets.Its durability and quality construction give me confidence that it will serve me well for years to come.Plus, the sense of freedom and the joy of open-air driving make every trip an adventure. If you're considering a street-legal golf eart,I highly recomntend Moke America Virginia Beach for their outstanding service and quality products.For rental or ownership information Call Melanie n 757 699-4223 ty Hi Tim o-behalf of Sandbridge Rentalswe would like to share with you our experience with our customers who i__A golf carts. Our customers are thrilled to enjoy their time here with a golf cart.They report eqjoying the easier access to the beach with the need to carry the supplies for the day.They LOVE cruising to the ice cream shop in the evenings.They report they go to the market for world famous Sandbridge donuts!A must have.Many love cruising the island to see the views and head to the state park to enjoy the outdoors and wildlife there. Golf carts are very popular now and a must have for many vacationers.We have no doubt opening access to golf carts anywhere around VA Beach would enhance our visitors experience! So many other vacation destinations offer this same service,and Va Beach is no different. Golf carts enhance the beach area experience!!! See our reviews on Facebook and Google!It says it all! Best Regards Mary Ann and Dave Owners SandbridgelientalsUC.com April 26,2024 Tim Paasch 1765 Virginia Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&50817 X Street Alternative Compliance Request Virginia Beach City council Members, As a neighbor and/or neighboring business of the Moke space located in Ville Creative District,we would like to express our support for continued rental of low-speed-whicie[tSVJ rentals from the space located at 510E 17 X Street.We believe the community benefits from the inclusion of golf carts[LSVsj. We feel that this is a beneW.al requested use for the property and the use is complimentary to the surrounding coastal/creadve community. Sincerely, 7j �C+CV :: Virginia Beach Virginia 23451 Address S� _r f d' . Bils#4n � e�Ai�p#i4�:b a .' 1 f� I April-22,2022 2?bb�tgllt�•Be�d1�LV� 17t� itk& 8$7 K' t'�ilrttattvsia Ric, aw r: iaB�E�a�Cif�ttt�anei#lwle..tr��,, �siness of the:N oi! # to ated.ir► t8� 't is t toca: tt wo - ttd a�r�198 lfi uketd '+express.��'supfi�r�;�i�ine�r of.�ow=s.�d�rd,v�l�ide�,. • - ;::_ _�€re+et..v b�ir =chi cbmt►'dCy t�t�t's Barr_►`k�te.trac��lan gfi.�c�lf:000 tMI <; : : 1Ateilee[t is a bent ri sae f►r ? :. d the t is romplirt�sr the surxti steelptxtll . - coa�ifc�re�atJu�r,�irrrr3ur+ _. Prodan Manappxii[rAMP8,r1 UC, By,Robert Pradatt Print Namewo. , t 1Pir [rtit�eacif Vlrgip E Aprl,A2024 Tito Peasch, im vwvnw 8e6 BLVD vw* VA2304 Asa a bor wWor nd&bo*g of tye Mokat sP"totem in Ville Cma*a ! errs oru�ppoct� rased #cf b+ etd-u�ioie[L' t t t� ��!E' 1"�'J� Street.Vk taeHewtthe mmmmiW 'fmm ire Mdtdbh OfPWOM I 1- we feelffiat this is a bove0dal MOUOOW Use fOrthe PMWtY WW thO m is tlm+Wry to d*.Suf*uf4r49: ' cwxt� a�ti�cama'nr s t �l j { re Daft ; t i i { _ ........, ..: I ..... _.-...,... .^ .. ... _ .. '?55Vorgiriia Bead~B i ,mo. it ginia Beach,VA 24�A54 ,� -54 Nz t}C1? 514 5Q8 17 S4 Street .._erna ive Compliance Request r i e cheat oknil Members, w M1 Asa neighbor and/or neighboring business S 'rig Hess of the Moke space located in V:i;e Creative District.we would like to express oursupport for continued rental of low-speed-vehicle[LSV]rentals from the space located at SIOB 17% Street_We believe the community benefits frorn the inclusion of golf carts[LSVs]. dtje fcei that this is a beneficial requested use for time property ana the use is complimentary to the surrounding "acoastaI/creative corry i`jnit-' � . Fr nt Name G aturE u .. ._ R �/ �' �___y 'ice. �.�.„� `� . �,*.•� ay,�:... N `--,'Y<: .. Vi -'nia Beach h Virginia 23451 Address P s I i..NJm1:.N1 {iFa lb L;A p-p'ic bie •:Yry wk e� , w ._.. F , ,k m - `7 tija ill/, atReques ,.G, ..«. .. vrrr. s°•. cc embeE„ ti. s ne; notir a,^ .,'� e "b �irx businessf '�e v1i�e spice located i e Creative District,we would like to express our s;Jpaort fcr continued rental of iow-speed-vehicle[LSV]rentals from the space located at 510E 17'h Streat.We believe the community benefits front the inclusion of yolf carts[Lsys]. We faii1triat this sse beneficial reglaesl nl;use for:tie prop ]Ly and the.;se is tt'the surrounding asic l rea i cor`irounity. Print Name ..� V it oir.i6 Saar~4 Vi, M,t3 U s Address t ,. p +gyp`,p ,+� kan�ce Request ha..Zvi -"PLUG�V+1 � N r ithbr:rr or i1ei hborirg business f she pAcDke space ioc3te6 In vi 32 CreaL re Dist e`located at 51�08'i714 axress our support for coritirtue�i rentalof;ow-speed-vehicle[LS1 rentals frorrr t kC s Str,aet. e believe the nor munity benefits from t"�e in6 usion of 901f carts t�Svs1. feel that Ali S t o 1 4 r tE t us �(}*�j"tSt dr�d t^' t 5e:s�G T1 s iti ar� to the$3S'S f31FCt{39fk{� firl� b I/Cfeative Corr unity: .44 z� 1 , It m w r Virginia seed! Var9 Addreass a 4 w T ,PBesch 17 s-ginsa Se8C F±VIA k gcnf8 Beach,VA 23454, =; .a r 343-pCCC-O0170 510 50 17,,6 Street Atte�nstive Compliance Request Wgin`sa Beach vity council.Members; Asa neighbor and/or neighboring business of the t,toke spay 'w ated in V Be Creative District,we would like to express our support for continued rental of tow-speed-vehicle[LSV)rentals from the space located at 5'IOB 17'/z Street-We believe the comMunity benefits frorn the inclusion of golf carts[LSVs], 2€ We feel that this s e bane1681,reGue t use for the property and the use is complimentary tot surrounding creative co"muniLy. H . f: u 4 Print Name � Signature C.� e, �y Y}§•� p�gy{ jg(�q $f�j ��yQ�s�ryy� i S t? M s �„# r0f,^4' f Ff, tin�if�MOl.:t Y Rl M16ItQ+M 9 O '•aµ uSlrt8s5 f (T E tf { 1Ii. ltL " a t x- Y - h x A 'W . 24 - i im paescYt 1765 Virginia Beach BLVD V+rginia Beach,VA 23454 S10U 817`AStreeLAJter.nativeComplianceRequest h Gar cour,crl Membersaw f As a neighbor and/or neighboring business of the Moke space located in VBe Creative District,we would life to express our support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510B 17'l2 express We believe the community benefits from the inclusion of golf carts[LSVs].MINI E,, We fuel that this s a beneficial requested use fo-the property and the use is complimentary to the surrounding co astai/'creative CoMmuniry. Ow , . Sig_ui Date Print Name IVY- Virairi Beach Virginia 23451 •.. WR: ddress usiness Narne ifAppiicable .. y Ap61.25.202 firn Pus& 176510r9inia B; a&,B''L�rc Virginia Beach,'VA,23454 Ri~.2023-pCCtr-0f 70 510&50817 A.Street A!te.,native Compliance Request Virginia Beach City council Members As a neighbor and/or neighboring business o`the Moke space iocated in v;6e Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510E 17'h Street.We believe the community benefits from,.he inclusion of golf carts[LSVs]. we feet tli at this's a beneficial requested use fo,-the property and the use is complimentary to the surrounding astat/crzelive community, 'Y`n,.-s,.r'" j .� ._.= •. _' _ :w.^`^N ;,.: _:..._ * _ ,, x y,. ,n,T Ae"•.•wj ,+�- .�`f'°+�x"'+ w'�. "5k+7:^." t Print Name Signature Date 3 n. Beach Vjrg;nia 23451 x Address Na me to° P. �Businessi i ?Applicable r F r, r a 'Raasch - x7 5Virg�f-saBeach���D si t�inia Beach.VA 234 t 4 " J A�treet AiternB tVe t}iY}F i8(10E iettu i „Virginia Beach City council Members, As a neighbor and/o, neighboring business of the Moke space located in V,Be;restive District,we would like to express our support forcontinued rental of low-speed-vehicle[LSV]rentals from the space located at 510E 17'1A 5trae-YVe believe the community benefits from the inclusion of golf carts IL.SVs]. _... 3, ode�ce1 that tl1 s 3s a bene ci�!re ues eta se fortis row" �n t mp mentary to the surroundin ast,ajjcrW,jve community. f �nnt Name Gate _ ,. .._ . . •�� ltSi store '� r r i h ;�,✓ ,' Virgir,:� Beach Virginia 25451 Address sir y E3usin cs M ne.if Applicable . n.p s t t 5Virgtn'2 Bead �L%T f inja Beacri.VA s.34- a` � traet Alt€-nat ance egve Virginia Bench-ity cot:r.cil Members. -' .4s a neighbor and/or neighboring business of the Moke space located ir:v!Be creative District,we would like to express our support for continued rental of low-speed-vehicle(LSV)rentals from the space located at 510E 17, Street-We believe the community benefits from the inclusion of golf cats[LSVsI., r 1'dp Feet t_�?avthis is e.terneficial requested use for the groper ty and the use is complimentary to the su'rcundin creative comn,,,nity, aM h { t, t�5 1 rint Flame Signature Date Virginia Beach Virginia 23451 Zdd ress .' .I✓'Yvir;ets Plar^e,,fAop lcabl2 rt w, y �, V.i s in a Bead 5Q817`li Street A terratiVe Comp�ance Request .. r � �r�ir iikk ea h4:,1�}ccjuncil Members. ike to Asa neighoor and/ neighboring business of thr Moke space icy SVI�entaB fCom the pace located at 51reative District,we would 1DB 17'h express our support forcontinued rental of kow-speed veh c#e . ieve�he community benefits From The inclusion of golf ca-ts( -SVs]. � t,1AI$bel } 1J+le feel thatthis is a beneficial requested use f07 the property and the use iscomplimentary to the surrounaire' ct,as Vereative,community, ...r- t -�sme Sig naT.uee ' Date ✓ J' i_ 1 �� �nia �� ��;�o;�{a Beach bsrg� 23 _ Address _ _- ; - , �.!s n ss Na,, e if Af)plicatble .- „ - '.. •::.' q. ...' A :fie`. 4 i� & 17 f Street AItr-r dative Compliance Realest a ,City pound Members > NO .. s �laighbor and r'or-neighboring lousiness of the Make solace located in`JiBe Creative District,we would like to w "press our support.-For Continued rental of iow-speed-vehicle(LSVI rentals from the space located at 510E 17; . Street We believe thae community benefits from the inciusion of golf carts ILSVS). , Wafeelthat this is a beneficial requested:use for the property a io the use is compimentary:o tlge surroundlriig " .A t c _ a } ,:. rir. f r - S i on a-L rE, .__� Date r Add re sS ,{ POT # N ime it Applicable s ^y. i Virginia Beach SLVD ,h;70 SB& 0817 r et'.'.ft?riia nr fiance Request , r .lA + rh City council Members W-r As a neighbor andlor neighboring business of the Moire space iccated in ViBe Creative District we would like to express our support for continued rental of iovv-speed-vehicle[LSV]rentals from the space located at 5148 I7'h Street.We believe the community benefits from the inclusion of golf carts[LSVsl- ',te feel that tni is a Uen6i`71681 requested use`c ")e property and the use is complimentary to the s+ t rc�undina (+V47Stal treat.d 44'drn unity. C print tram Sign e Ca e ' [ PS4_c rirg,risBeach Virginia 23451 �• #R!�` r _ �� � ' Address p M,Susiness Name if Applicable m ,. .. - tom:-<• .oi.c.,,i��-e....s r�� 'i,�,r ,z f ,:. b 3�z «1 hia Beach BLVI3 -0 iA§W- DivVA 2345A ; ,N lrtt1 'Beach City council Members. R.gym. As P - a nieighbof a nc!cr neighboring business o'the Moke spade located in,to iBe Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510E 171A Street.we believe the community benefits from the inclusion of golf carts[LSVS}. p-iesa that this s a l e—ne`tc"sal t'6quested'usi�fo-the property and the use is compitmentery to the surrounding 1/treative GCDfslrf?t1El{ty w M < q"',tiF ` #/�C—.. J+N'•�-,j '„f�t`-'..`Y.. �tr � �... x""'y • fii, •s L, �.} `-w d�;r 5.«n d ,,,P,°p�^,,3, 4 ro. w t o Virginia Beachrg,ri:- 2145 r• !I' x' x Yw , stnie, lam , f,4p;�l vat;je z. P r c, 7 & 5*1471 Street Alto n "ive r, pear ce Request fr i 'Beach' {roun�tl � rnbe�s �� 7 k � M r Asa ateighborar,d!or ne gf°,bori g b in,ess of the Moke space located in ViBe Creative District,we would like to ressbuir sup o-for continued rental of low-speed-vehi;,le[LSVI rentals from the space located at 51 DE 17 12 sat e believe tne community benefits from the inclusion of golf carts[LS'Vs]. , x{.. _."ts= `been -. 'rri?gves`8,sseorf`he is aifs use is corrplirnentary tc th rsluradittg °•- astaffrr`e�tl� n,.=�e�rn ��t~±�. r=r!i Vui xv r1at1�r L Ste t _ a Virginia �eacr, Virginia 23451 Address :w t _ ccF a ical IViembers. _._ `- . As a ne;ohbor and/or neigh boring business or the Moke space iocated in ViBe Creative District,we would like to express avn part for;Continued rental of ion.-speed-vehicle[LSV]rentals from the space located at 510E 171/2 'Jtrete'_.Ale believe the community benefits from t're inclusion of 9rclf ca!:s [LS s]. _ of e8 that this:s a ben _i #request use for=-he property and the use s corripli nentary to tine surs oondin� SiV;t,e', "c'. ,ate z w I �' it cnia Seach Virg:nia 2: 5 i T a ( . AJferna nre p5an St d 6 neighbor a,7dlcr reighboring business of the Mcke space located ii ViBe Creative District,we would like to express Gur support for continued rental of low-speed-vehicle(LSV)rentals from the space located at 510E 17'l treet..We believe the community benefits from the inclusion of golf carts[LSVsI. ,64 z2,FPS IN no tc ': a�filreasi�fe or�rnn-��nit�, � �x��b,Y. r_ ?rint Name Signature mace Virginia Beams Virginia 234u1 uS v�r r YI sor an ,lcr rieign Ortrtg bt€ #f#8SS JP tilt+Virlke space i Data{ in Vii�B Creative District',we would like t0 express our support for continued rental of iow-speed-vehicle[LSV]rentals from the space located at 510B 17'�4 treet. ebelieve the community be fi s From uhe inciusion of golf carts{LSVs). ..u . •• ,..- 8 81 t i t x 1iS tS ierreficial reciueSte USeYF Jt ter t'}C{3 rQf% ar i,C,the Use IS com,sEC'entar to t su t 0° u cling w Yg +4 x � n .M s. w, >„ ` Viroinia'Be"Ch Virginia 23-451 MOW d-.y 'ri0w,. '" :. `• tiS'. . ",,, "'n'x:`'f -�.'��,,'�"� �.�.,.``i•Zr erg' �-4 'h�'r pS'"' � 4 g .� �'pY,.S sS1i ; Vic.. SA me e ph Bit rgria Beach , ' F a ,may space located in Vige Creative District,we would like to s r fad c c #oun eed-�rel i;;ie[LM rentels from the space located at 510E 17% .21 t ec+ lie efts• r .t re: c{us on of god carts{LS1fs] We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding astal/creative community. ,... e*^.•ser^. }w n` ,wa,. a;F 4# C x d �'•. x.,.�fqj - !; TIP e �rint Naar Signry Gate Address #.," iP f ej V 4 1`j''),t"S r usiness Name if Applicable April 26,2024 Tim Paasch 1765 Vagina Beach BLVD Virginia Beach,VA 23454 RE:2023-PCCC-00170 510&508 17'/z Street Alternative Compliance Request Virginia Beach City council Members. As a neighbor and/or neighboring business of the Moke space located in Ville Creative District,we would like to express our support for continued rental of low-speed-vehicle[LSVJ rentals from the space located at 510E 17'/j Street.We believe the community benefits from the inclusion of golf carts ILSVsj. We feel that this is a beneficial requested use for the property and the use is complimentary to the surrounding coastai/creative community,. Sincerely, 1�()M OUS -7� Print Name Signature Dare Virginia Beach Virginia 23454 Aftess rye&-sz �J 11 M E �ci.r''� �s-�.e ,r„ ��..�,ti, "'-'i .in-:sia�,.Aw',A ^-+`+tr .e;�,.. �Z-mow -•-� y Ylrginia Beach BLVD i 47%Street Alternative Compliance Request Virginia Beach City council Members, As a neiohbor arid;or neignboring business of the MoKe space located in'ViBe Creative District,we would like to express our,support for continued rental of low-speed-vehicle[LSV]rentals from the space located at 510E 17 h Street We believe the community benefits from the inclusion of golf carts[LSVs]. We feel t Et this a beneficial requested use fv the property and the use is nipiin,�enta:y to the st rfcurEdi. astall:ree� c��mmuniry 4if VI Print Name Signature Da`e ,.1:*A- '' :��c t�cif Virg ma Seat : lrgir„a 2345' Address e ti 17 r ry S44- WPM ,V,Oz�`81 t�' rriny.r.aX�err?: itt � p 7e i i- tmir wp . ArYwtka, Virginia f4ea<h, WOU14 e the t cur r#cv: 311i rrjearj� of getting around white tQurirr ot1 r City' woad mane th ts 4 -. : Mutt, fgOrci ergiciyable for our guests and their families, white vistt� reStasrrart ca, VIOPPffig.. I i�er. cOrtalfy awned a business in the 300 block of 17'L" street for #iftee y ors. ' f, r,v-Iru, I only see a business that would be a wor4erfut option for our vomit to au" `by to erljoy.,# 't att,for this permit to be issued. F` = �` Respec tfutty, h. L.G. C.ohC11) i e i R40 � N o R20 c� O c� R40 Windsor Roy d a� �L 0 a� R40 0 � R20 c ca m ® N Site Property Polygons Gordon R. Crenshaw & Hannah I. Crenshaw W E Q Zoning 1217 & 1223 N. Bay Shore Drive S Building Feet 0 1020 40 60 80 100 120 Nu' S n f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Gordon R. Crenshaw & Hannah I. Crenshaw for the Closure of Approximately 6,327 Sq. Ft. of an Unimproved Portion of Windsor Road MEETING DATE: September 17, 2024 (DEFERRED: August 13, 2024) ■ Background: Gordon R. and Hannah I. Crenshaw (the "Applicants") requested the closure of approximately 6,327 sq. ft. of an unimproved portion of Windsor Road (the "Right- of-Way") adjacent to their property at 1217 N. Bay Shore Drive for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: Historically, City Council has been reluctant to vacate the public's right of passage to the City's beaches and/or waterways; therefore, staff has not generally supported requests to close rights-of-way which provide beach or water access. However, there has been no evidence of public use of this portion of Windsor Road since it was platted in 1926, and the driveway for 1217 N. Bay Shore Drive has been located in this portion of Windsor Road since at least 1958. For these reasons, staff finds this street closure acceptable. City staff recommends retaining a 20-foot wide public drainage easement along the northern edge of the Right-of-Way to accommodate future drainage improvements, as recommended in the Broad Bay/Oceanfront Stormwater Master Plan (SWMP). The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, would not result in a public inconvenience. There was one speaker in opposition to this request, who stated concerns that the closure would restrict public access to the water (Linkhorn Bay). ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council, with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Gordon R. Crenshaw & Hannah I Crenshaw Page 2 of 2 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. Said plat must include the dedication of a 20-foot-wide public drainage easement to the City of Virginia Beach, subject to approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Letter(s) of Support (2) Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING APPLICATION OF GORDON 2 R. CRENSHAW & HANNAH I. CRENSHAW FOR THE 3 CLOSURE OF APPROXIMATELY 6,327 SQ. FT. OF AN 4 UNIMPROVED PORTION OF WINDSOR ROAD 5 6 WHEREAS, Gordon R. Crenshaw and Hannah I Crenshaw (the "Applicants"), 7 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 8 described portion of an unimproved right-of-way discontinued, closed, and vacated; and 9 10 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) year from City Council's adoption of this Ordinance. 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 15 Beach, Virginia: 16 17 SECTION 1 18 19 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 20 Way") be discontinued, closed and vacated, subject to certain conditions being met on 21 or before one (1) year from City Council's adoption of this ordinance: 22 23 ALL THAT certain piece or parcel of land situate, lying and 24 being in the City of Virginia Beach, Virginia, designated and 25 described as "AREA OF PROPOSED STREET CLOSURE 26 (6,327 SQ. FT., 0.145 ACRES)", and shown as the cross- 27 hatched area on that certain street closure exhibit entitled: 28 "STREET CLOSURE EXHIBIT OF A 6,327 SQ. FT. 29 PORTION OF WINDSOR ROAD (D.B. 2230, PG. 1408, & 30 PG. 1411) M.B. 7, PG. 144 VIRGINIA BEACH, VIRGINIA", 31 Scale: 1" = 30', dated June 25, 2024, prepared by WPL, a 32 copy of which is attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1. The City Attorney's Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 41 Beach shall be determined according to the "Policy Regarding Purchase of City's 42 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 43 policy are available in the Planning Department. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2418-18-7390 and 2418-18-7483 47 2. The Applicants shall resubdivide the property and vacate internal lot lines 48 to incorporate the closed area into the adjoining parcel. The resubdivision plat must be 49 submitted and approved for recordation prior to the final street closure approval. Said 50 plat must include the dedication of a 20-foot-wide public drainage easement to the City 51 of Virginia Beach, subject to approval of the Department of Public Works and the City 52 Attorney's Office, which easement shall include a right of reasonable ingress and 53 egress. 54 55 3. The Applicants shall verify that no private utilities exist within the Right-of- 56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 57 company shall be provided. 58 59 4. Closure of the Right-of-Way shall be contingent upon compliance with the 60 above stated conditions within 365 days of approval by City Council. If the conditions 61 noted above are not fulfilled and the final plat is not approved for recordation within one 62 year of the City Council vote to close the Right-of-Way, this approval shall be 63 considered null and void. 64 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before September 16, 69 2025, this Ordinance will be deemed null and void without further action by the City 70 Council. 71 72 2. If all conditions are met on or before September 16, 2025, the date of final 73 closure is the date the street closure ordinance is recorded by the City Attorney. 74 75 3. In the event the City of Virginia Beach has any interest in the underlying 76 fee, the City Manager or his designee is authorized to execute whatever documents, if 77 any, that may be requested to convey such interest, provided said documents are 78 approved by the City Attorney's Office. 79 80 SECTION IV 81 82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 83 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 84 VIRGINIA BEACH (as "Grantor") and GORDON R. CRENSHAW and HANNAH I. 85 CRENSHAW (as "Grantee"). 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 88 of . 2024. 89 90 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 91 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ithHqv-vv Planning Department City Attorney CA16550 \\vbgov.com\dfs 1\a ppl icatio ns\citylaw\cycom32\wpd ocs\d018\p048\00980228.doc R-2 August 29, 2024 AREA OF PROPOSED STREET CLOSURE (6,327 SQ. fT N/F DUDLEY G. TOW JR. O.145 ACRES) (D.B. 3923. PG. 823) LOT 2 GPN: 2418-18-7483 R=30 � L=54.49' ��► PROPOSED 20.00' PUBLIC DRAIN4GE EASEMENT 1 (4250 SO. FT. OR a 098 ACRES) R=1090' S 71750' £ 180' L=48.49' N 3 1 R-1100-to 7C w WIND,SOR ROAD = 7.84' c=94.48' " m (.To R/W)(UAIIMPR0VED) ' _ z (D.B. 2230 PIG 1408, & PIG. 1411)(M.a 7, PG. 144 6 .z N M50' W 190' 1 d 11 N/F - R-30 waft D MARY S. ILL c-4.3 34' fi IM (I.N. 202200002222) NORTHERN W OF LOT 4 (M.B. 7. PG. 144) \ 6PTN: 2418-18-7390 STREET CLOSURE KMBIT NOTES: '� 0�p OF 1• THIS EIfHIBTi is INTENDED TO SHOW THE AREA OF PROPOSED RKHT—OF—WAY A 6,327 SQ. FT. CLOSURE AND INDEPENDENT OF THE ASS MED RECORD DOCUMENTS) IS PORTION OF NOT INTENDED FOR ANY OTHER THAN RIC �a4ER a WMDSOR ROAD IA MILE REPORT HIS NOT BEEN � (D.H. 2230. PG. 1408, & PG. 1411) p OMDED FOR THIS PROPERTY. e 061061 rd2Q d O� M.H. 7, PG. 144 30 60 $jrgv ,�g„�•�MAXIM VIRGINIA BEACH, VIRGINIA I'=30• JN: 222-0089 Item Applicants Gordon •. CoPlanning on 1 2024 CouncilCity t ituo� Virginia each Request Street Closure Staff Recommendation Approval Staff PlannerAL Rachael Miller L Oro RQJ Adjacent Address YRD_ 1217& 1223 N. Bay Shore Drive Adjacent GPINs "; 2418187390, 2418187483 = y ~4M Site Size �b 6,327 square feet AICUZ 65-70 dB DNL;Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-40 Residential ti = Surrounding Land Uses and Zoning Districts > North ,3 Unimproved right-of-way Single-family dwellings/R-40 Residential South r r Single-family dwellings/R-40 Residential East N. Bay Shore Drive Single-family dwellings/R-20 Residential West Linkhorn Bay s §:y Gordon R.Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 1 Background SummaryofProposal • The applicant is requesting to close approximately 6,327 square feet of the unimproved portion of Windsor Road at its western intersection with N. Bay Shore Drive. The area proposed for closure contains the majority of the applicant's driveway, and the applicant would like to incorporate it into their existing property. • The applicant obtained a deed for the underlying fee in this portion of Windsor Road;therefore it appears the applicant is the owner of this portion of Windsor Road R40 I T, No Zoning History I i R•0 i 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 As required by City Code, a Viewers' Meeting was held on June 3, 2024,that included City Staff from the Departments of Public Works, Public Utilities, Parks & Recreation, Planning and Community Development, and the Office of the City Attorney,to consider this request. The Traffic Engineering Division in the Department of Public Works requested to retain a 10-foot-wide portion of the original area proposed for closure at the intersection with N. Bay Shore Drive since N. Bay Shore Drive is a substandard right-of-way, measuring 30 feet in width. Section 4.1(m) of the City's Subdivision Regulations requires a minimum of 50- foot-wide right-of-way, and the 10-foot-wide retention of the area originally proposed for closure will constitute half of the 20-foot deficiency.The Stormwater Engineering Center in the Department of Public Works requested that a 20-foot public drainage easement be dedicated along the northern portion of the area proposed for closure to accommodate future drainage improvements within the Bay Colony neighborhood that aligns with recommendations from the Broad Bay/Oceanfront Stormwater Master Plan (SWMP).The future drainage improvements include installing a new storm drainage pipe in the area proposed for closure. Gordon R. Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 2 The applicant is agreeable to these requests, and the exhibit was revised to reduce the area proposed for closure from 6,954 square-feet to 6,327 square-feet and to reflect the public drainage easement. With these modifications,the Viewers determined that the proposed closure will not result in a public inconvenience. Historically, City Council has been reluctant to vacate the public's right of passage to the City's beaches and/or waterways;therefore, staff has not generally supported requests to close rights-of-way which provide beach or water access. However,there has been no evidence of public use of this portion of Windsor Road since it was platted in 1926, and the driveway for 1217 N. Bay Shore Drive has been located in this portion of Windsor Road since at least 1958. For these reasons,staff finds this street closure acceptable. Based on the considerations above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant 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.Said plat must include the dedication of a 20-foot-wide public drainage easement subject to approval of the Department of Public Works and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one (1)year of the City Council vote to close the rights-of-way,this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. ResourcesNatural &Cultural • The site is located in the Chesapeake Bay Watershed and is within the Resource Protection Area (RPA).This application proposes no alterations within the RPA and as such will not require review or approval by the Chesapeake Bay Preservation Area Board (CBPA). Gordon R.Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 3 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners,and no objections were raised Two letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on 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, July 30, 2024 and August 6, 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 July 29, 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 9, 2024. Gordon R.Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 4 .4fP A ar PR POSED SMEEr CLOSb J27 SO. Fr. DOOLLY WW 4E' (1 J L .� 145 A ) (0.8. 3m PO. W) a \ LOT 2 GP2418-18-774 RL: 483 R-M !R� \ PUBLIC DRAT 4GE EASEMEW MCI so 1-7 ok a OM ACRES) R�109�0�f' L—'b'®.49 it'w 5 75'50' F 180' v, ® ' R-1100'73 Q�� too (30'R/N)(VV1MPR0WD)' 1 chi 22M PG. ate. dt 1�1i)(MB. 7 M. 1� - s B 76•50' w 190' 1 R-M c�34' � R. "4 KWWL L CRENDWfl{ OX 204303000M) LOT 3 a NORTHERN W OF LAf 4 -� o ;e 8'� 0 STRRRT L"CM JRR WMBITCL LTS NOTES: OF � I. THIS E><F19T IS Rd1ENDEO TO SKRh THE n 0r AREA W PROPOSED RKW-OF-WAY A 6,327 SQ. r i• SIRE MD KAEPEHDENI OF THE 'C a (VER PORTION OF NM WOM TIM "OMVtM5 Lie. . 2904 WJNDSOR ROAD z A Ile RUOIt'[ HAS NOr EEM ob�zsizol4 (D.H. UK PG. 1408. & PG. 1411) PROVIDED FOR T 30PROPERTY. so l'v� O� D :wall' 1 VMGINIA BRACK, VIRGINIA 9.—W a - JN: 222-0089 v � °n 3 U-Tu � t ✓ 1S :4 So f e R. IIE�l;1 Ilug8lt�Jt ut ttt�tt utu uut gut i E 4c , ♦ . e Gordon R.Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 6 r 3 a 1 1p v Gordon Agenda Disclosure Disclosure Statement FUnning&Contmttnky �„� 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 Gordon R.Crenshaw&Hannah I.Crenshaw Does the applicant have a representative? ■Yes ❑NO If yes,list the name of the representative. Lisa M.Murphy,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ®Yes N No ® If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) o If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) Not applicable "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(l)one business entity has a controlling ownership interest in the other business entity,III)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. it Gordon R.Crenshaw&Hannah I. Crenshaw Agenda Item 9 Page 8 Disclosure Disclosure Statement Planning&Community ne�elop Known Interest by Public Official or Emolovee Does an offidal or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?®Yes t No a 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 eAsting financing(mortgage,deeds of truest,cross-collateraliution,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 a if yes,identify the financial institutions providing the service. Private Lender(CRAIG LEE SLINGLUFF,JR.&MARY SLINGLUFF ILL) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ®Yes • No o If yes,identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of to;:returns provided in connection with the subject of the application or any business operating or to be operated on the property?/ Yes 0 No e If yes,identify the firm and individual providing the service. BDO,150 W.Boush Street,#1100,Norfolk,VA 23510 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No a If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 YOS W No c If yes,identify the purchaser and purchasers service providers. 2I Gordon R. Crenshaw & Hannah I. Crenshaw Agenda Item 9 Page 9 Disclosure Disclosure Statement X ,� - Planning&Community f °"'•�` Devek"nent 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 X 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?K Yes ❑NO • If yes,identify the firm and individual providing the service. Eric Gardner,WPL 8, is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑NO a if yes,identify the firm and individual providing the service. Lisa M.Murphy,Esq.&Neil L.Rose,Esq.,Willcox&Savage,P.C. Applicant Slanature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Gordon R.Crenshaw & Hannah 1.Crenshaw Print Name and Title Date Is the applicant also the owner of the subject property? ! Yes ❑No ® If yes,you do not need to fill out the owner disclosure statement. that pP.rtains to Vic applratlon� N°changes as of obte 7/30/2024 �p"t"a � }?it/G� rMa`""°° tel Miller 31 Gordon R.Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Gordon R.Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 11 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 9 Gordon R. Crenshaw and Hannah I. Crenshaw Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: All right. thank you. Next item? Ms. Alcock: Agenda Item #9, Gordon R. Crenshaw and Hannah I. Crenshaw for a street Closure at 1217 and 1223 North Bay Shore Drive in District Six. Mr. Alcaraz: Come forward. Ms. Murphy: Good afternoon, Chair, Vice-Chair, members of the Planning Commission and staff. For the record. my name is Lisa Murphy. I'm a local attorney with Wilcox Savage, and I'm here today on behalf of Gordon and Hannah Crenshaw. We'd like to recognize Rachael Millerforherwork on this. I've also been in communication with Lucy Whitlow in the City Attorney's Office. So, we've had the help of a lot of folks in your City staff, and we're always appreciative of that. As the staff report indicates my clients are the Fee Simple owners of lot three, which you should see on youraerial,and the northern portion, or the northern 80-foot portion of lot fourin the North Linkhom Park subdivision,and that's depicted on the aerial that you have in frontof you. These lots comprise the residential property, which is 1217 North Bay Shore Drive. This property has a very interesting history, andfor that reason we submitted a Status of Title with the application that shows that our clients are actually the owners in Fee Simple of Windsor Road; the section of Windsor Road between the prior lots two and three. So their lot, and the lot to the north is where Windsor Road is located. And you may be wondering, well, how did that happen? Back in the well, I guess you have to go back to when this neighborhood was originally subdivided back in the 1920s. At that time, most subdividers retained the rightof the fee to the streets that they were creating. What does that mean? It means their subdivision platonly conveyed the city an easement for access. So, your modem subdivision ordinance what happens today with a brand-new ordinance,the city actually gets the fee to the street and not just an easement. So, when you close a modem subdivided street, what you do is you're going to sell the fee to the owner on either side of the center of the right-of-way. So, that's the modem. This is a very old subdivision as you all probably are aware, and at that time you could actually,the subdivider retained the fee. To fast forward from the 1920s to the 1980s, a prior owner Vernon Vail, actually went through the Chancery Court process at the time of having to create a receiver for the assets of North Lin khom Park,the subdivider, and acquired through a court action from the original subdividerthe interest, the fee interest that was in Windsor Road. Vernon Vale then sold Windsor Road, and 1217 North Bayshore Drive to Emily and Craig Slingluff,who are actually the grandparents of my clients, the Crenshaw's. So, this is a property that's been developed with a home and a private driveway as you all can see on the aerial pictures for over 70 years now, from at least the 1950s, and before there was a private driveway here and a street. The prior owner went through the process of acquiring the street. So, he owned it. My client's grandmother, there was some thought to go through the street closure process. They didn't go through itat the time. Now my clients own the property, and they would like to formally close the street. In this case whatthat means is removing or vacating, as I think was said at the staff meeting, vacating the easement that the city has for public access. So, 1 just wanted to lay that out for you because this is a very unique situation, and you're only going to have this with one of these very old subdivisions. So they do own the fee. The process, as Mr. Plumlee indicated is somewhat state law driven, right? So your conditional use permit, your rezoning process is differentfrom your street closure process. Street closure is dictated by state law and city code chapter three, 33 111-112, and what that says is you've got three reviewers, and their job is literally to go look at the section of street, and they make a determination as to whether or not there's any indication thatthe public has used the street, that the publicwould be inconvenienced by the termination of the city's rights of access, and in this case, the three reviewers went out to the site. They agreed that there was no public use,a and in fact through historical records,its been a private driveway to this home since the 1950s. They make that recommendation to your city staff, but its the reviewers who do that technical review. As was indicated in the staff report, the City Public Works Department wou Id like to retain an easement for drainage for theirfuture purposes as you can see thatthe 20-foot northem section that would bean u n dergrou nd d rai n pipe for some poi ntin thefuture. Then they want to retain that 10-foot strip that you can see there in red, and that is because the road is simply not that wide. So, they want to retain that portion of the right-of-way. You know, as I mention ed,th is process is a somewhat u n ique process. It's n of oftien that the property owner requesting the street closure owns the street in fee. That makes this very different. The facts, obviously,this has been a driveway for the last 70 years plus also makes this different So I wanted to make sure I addressed in advance some of the questions that came up. I'm not sure what this particular, I do understandwe have one gentleman signed upto speak, I'm notsure, what his particular issue is with this, and I'm happy to address it, but I just wanted to give you all the overall history and the background, and again as Mr. Plumlee mentioned,the standard forth is is, will the public be inconvenienced by the termination of this easement? The viewer's position, staffs position, and our position is that the public, excuse me, would not be inconvenienced,and so we're respectfully requesting that you recommend approval of the street closure application. We've reviewed the conditions that staff has attached, theirstandard street closure conditions,and I'm happyto answerany questions that you have. Mr. Alcaraz: Sure. Any questions? None. Alright. We'll hear the speaker, and we'll give you a chance to rebut. Thank you. Ms. Eicholz: Calling Stan Serwinski. Mr. Alcaraz: Good Afternoon, sir. If you could just state your name and your location, and also you have three minutes. Mr. Serwinski: Sure. Thank you. I'm Stan Serwinski,and I live in the neighborhood in question, and I have three concerns, and they center on exactly the points made about public access. The first one is the publicgood served by closing off public access to property that has been public available for 60 years. My second one is precedent. In this neighborhood,there are several of these type areas where they're convoluted ownership,but the community essentially has access to those, and one of those very close to the one in question is called Lee Beach, and the concern there is. If we close this one, does the owneradjacent to Lee Beach say, "Gee, I want the same." And we fall into this domino position where the community loses something that's very valuable to us. My third point is on public input. My understanding as a civic league is a divided opinion on such public access, and this has been something that's come up for a lot of years, and I would requestthatwe actually solicit the inputfrom the community,have the civic league ask what people think about public access before we make a decision on this, and essentially have a really a plan for once on how to handle this in our community. It's been going on for 60 to 70 years. My point is what's the harm in another 60 to 70 days to get fulsome input from the community. Mr. Alcaraz: All right. Thank you. Any questions for him? Yes, Mr. Plumlee. Mr. Plumlee: Please say your name again. Mr. Serwinski: Sure. Stan Serwinski. Mr. Plumlee: Mr. Serwinski, how close to this parcel do you reside? Mr. Serwinski: Oh, several blocks, a couple blocks away. Mr. Plumlee: Are you closer to the Lee Beach access? Mr. Serwinski: No. I'm closerto this one. Mr. Plumlee: You're closer to this one. Have you ever used this access? Mr. Serwinski: That was the one justthe other day. I have pictures. Mr. Plumlee: Let me finish my question. So, with regards to the one we're talking about, you've been walking up and down through that driveway? Mr. Serwinski: I have, yes. Mr. Plumlee: Okay. Is any other member of the public you are aware of using that access? Mr. Serwinski: I have no idea. Mr. Plumlee: So you're not aware of anyone? Mr. Serwinski: Right. So that's my point about the soliciting public access, and public input to see what we think about it. Mr. Plumlee: I heard that, but my question was whether he would observed anyone using the access, and I think you haven't. Mr. Serwinski: Because I don't have 1 viewof it. I mean, I'm not, I don't have sightline on it. Mr. Plumlee: I don't know if you've viewed, if you've seen them. Mr. Serwinski: No, I haven't, but I haven't seen people use others either. Mr. Plumlee: Well. I'm just asking a question. It has an answer. So, with regards to this public access have you talked to members of the public? Have you appeared before the civic leagues or made recommendation? Mr. Serwinski: No. Mr. Plumlee: Okay. No other questions. Mr. Alcaraz: Alrightanyotherquestions?Okay,sir, thankyou.You can be seated. You can come forward.Any comments to what was just said? Ms. Murphy: Yeah,just a fewthings. I wanted to pointoutthat Eric Gardner with WPL, who's the engineerthat worked on this project, he did in fact talk to the civic league. They canvassed the Civic League. They received some questions. They provided feedback. My clients, Hannah and Gordon Crenshaw who are here today and available to answerquestions.They've spoken with a lot of their neighbors. I was remiss in indicating to you that there were two emails of support from folks thatwere directly adjacentto the property. So, I wantedto point that out. We've got the Ills, Peter and Molly III who are also here today that can speak to the history of use of this site. If you look at the aerial, or the photographs, that you all have of the sign and the street. I mean, it's pretty obvious that it's a private driveway. In fact, back in the 80's our clientobtained two encroachment agreements to install riprap near the end of the property at the waterfront, and certainly if this was an area that the city was going to leave open for public access, they wouldn't have allowed riprap because that's inconsistent with that type of shoreline erosion feature. As Mr. Plumlee indicated,just a block and a half away is Lee Road or the Lee Road beach access. I'm not aware of the title status of that strip, but certainly that is a strip that is used for access to the water, and there's a sandy beach area. Mr. Alcaraz: Alright. I'm going to ask for questions, Mr. Plumlee. Mr. Plumlee: If this easementwere to remain,do you know of any limitation on the hour of night someone could go walking through this private driveway? Or whatthey could possess on them as theywalk through this private driveway. Ms. Murphy: I mean, my clients have young children,and certain lywouldn'tthink they would want folks traipsing back through all hours of the night, nor is there really any indication that there have been folks walking up and down back and forth along this. Mr. Plumlee: Are you aware of even it's convenientto reach the water from this pointwith a boat orwith any kind of water, you know, recreational. Ms. Murphy: Again, the driveway actually stops just a little bit behind where the house line is, and it's grass, and then riprap. So there wouldn't be any reason for somebody to try to get to the water that way. Mr. Plumlee: As far as the Lee Road access, that's a much more heavily used location by the publicon a regular basis, that is just a block and a half away. Is thatfairto describe? Ms. Murphy: Correct, and it's very obviously a beach access. Mr. Plumlee: Okay, I don't have any other questions. Mr. Alcaraz: Alright. Any other questions from the commissioners? Okay, you can be seated. At this time, I'll close for public input,and open it for discussion or entertain a motion. Mr. Plumlee: I do have a motion. I would move to approve this application for basically a modification of this public easement as proposed. Mr. Alcaraz: Alright. A motion by Mr. Plumlee. I need a second. Mr. Anderson: Second. Mr. Alcaraz: Second by Mr. Anderson. At this time again, I'll ask, is there any other comments? Mr. Mauch? Mr. Mauch: Just for discussion. I'm not even sure if this was aware by the public that they had use of the property, but at the same time that also means it's not really putting anybody out because even if they didn't have use, or know that they had use of it. Has staff identified any other locations that might have this type of scenario come up in the future in this area? Ms. Alcock: We did not look intothat as part of this request. We certain lycan get that information for you. Mr. Mauch: Yeah. Alright. I don't feel as though it is going to put anybodyfrom the public. I do understand thatwe do have one speaker here that, that has used it. I'm not, I'm not sure how much it's been used by him or not, but I don't feel like it's going to be putting the publicout especially since there is public access, a block and a half away as well. So it is staffs recommendation for approval, and for that reason, I am going to vote, yes. Mr. Alcaraz: Ms. Byler? Ms. Byler: So I wasa little concerned aboutthisapplication,and I did hearsome verbal opposition to it, but no one felt strongly enough to make a formal opposition statement. So, I drove out and looked at it, and it seems to me that what the city is doing is just changing their easement, and saying we're no longer using it, or we have no intent of using it in the future for water access, for pedestrian traffic, or otherwise. We only need it for drainage. So we're giving away something that the city currently has a right to, and we're modifying it to something less,and we're doing it without compensation,and to the extent that these are really expensive, valuable parcels of property, and there are a lot of people inside the neighborhood or other parts of the city that mightwantto use that access. I was very sensitive to it, and I do think that application such as this one deserves scrutiny, and deserve our going out and looking at, and considering it on a case-by-case basis, but having done so. I will support the motion. Mr. Alcaraz: Alright. Thank you. Any other comments? None? Oh sorry, Mr. Plumlee. Mr. Plumlee: The only reason, I'm going to drone on for just a minute is because I thinkthisis going to be considered by Council. This is going to come back upto Council. So, I do want to put some very specific reasons. So far, this body has yet to turn down a road closure. I think the gentleman brought up precedence. Well, it is precedence of this body that we've not rejected it particularly underthe circumstance of the city recommendation. It is a city driven ownership, and so we looked at the staff to evaluate through all the departments that are impacted and they weighed in. They said we want drainage. We want right of way. I think everyone understood that we did not want people walking with their beach cards through a private driveway at the middle of the nightto do whatever could be done there. It's well established just down the road that that is an appropriate location. I think this is going to be discussed before Council, so I wanted to make that point. We say thatthe standard is it will not result in public inconvenience. It doesn't mean no inconvenience. It doesn't mean. It's not giving away something belonging to the public,but I think the public established its disinterest in this location over many decades, and that there was a fair reliance upon the owner that that was this position. Of course,when theyadvertise it and say, I wantto declare it, well, people show up, and they typically hold their hand out for something to, okay. So, I think it's an appropriate to think of it this way having been to the site, having known the neighborhood as long as I have. I think it's a very good thing to close outfor the ownership of this property, so everybody can rest easy. So that's why I've made the motion. Mr. Alcaraz: All right. Any other comments? None? Any commissioners abstaining? All right. We don't have any. So, we have a motion by Mr. Plumlee, seconded by Mr.Anderson. Ms. Eicholz: The vote is open. By a vote of 10:0 Agenda Item #9 has been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee I AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant 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 priorto the final street closure approval. Said plat must include the dedication of a 20-foot-wide public drainage easement subject to approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicantshall verify that no private utilities existwithin the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are notfulfilled and the final platis not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. 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: John Gibson To: Rachael Miller Cc: worth.remick0ocol liers.com Subject: Crenshaw Road Closure Application Date: Tuesday,July 2,2024 10:24:00 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Staff and Planning Commission, Thank you for your continued service to the residents of Virginia Beach.Today, I write in support of the Street Closure Application made by Gordan and Hannah Crenshaw for the portion of Windsor Road west of North Bay Shore Drive. My wife Mariska and I reside nearby at 1225 North Bay Shore,and we find the application to be in good order. In advance,we thank you for your positive consideration of the request.Should you have any questions, please do not hesitate to contact us. Best regards, John John L.Gibson, III 757-630-2800 Cell From: Peter III To: Rachael Miller Cc: Molly III Subject: Letter in Support of Street Closure Application,Gordon and Hannah Crenshaw,Agenda Item 9 Date: Tuesday,July 9,2024 4:55:52 PM CAUTION This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. We are writing in support of the Street Closure Application made by Gordon and Hannah Crenshaw for the portion of Windsor Road west of North Bay Shore,which is Item 9 on your July loth public hearing agenda. My wife Molly has lived in Bay Colony for over 60 years. She lived at 1222 North Bay Shore Drive across the street from the property in question from 1965 until 1982. Her parents purchased the subject property and the land under the paper street in 1982. My wife lived in the house at 1217 North Bay Shore Drive until we were married in 1986. We have lived in Bay Colony near the property with the exception of six years during which time we lived in Atlanta. When Molly inherited the house upon her mother's death in 2022, she and her brother sold the property (including the land under the street)to the Crenshaws. Throughout the period from 1965 to the present,my wife witnessed first-hand her parents taking care of the land under the street, including for instance planting bushes in the area to augment an existing hedge. She also witnessed the fact that during all of that time the street was not used at all. The street was and continues to be used solely as a driveway for the owners of 1217 North Bay Shore Drive. My wife and I have read the application thoroughly. It correctly states the case. Thank you for your consideration and for your service with the Planning Commission. Respectfully, Peter M. Ill Peter M. III 1417 N.Bay Shore Drive Virginia Beach, Virginia 23451 757 574 6732 PDH1 ��D.H1 0 P D , �►� �� H1 D-H1- 0 �yQ P D.Hl P'D H 1 011 � C1 00 0 Ror ..5 1A�o;, f �co o R10 R7. : PD`H1 N ® Site Property Polygons Our Lady of Perpetual Help Health Center, Inc W E Zoning 4560 Princess Anne Road S Building Feet 0 4080 160 240 320 400 480 u�' (� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OUR LADY OF PERPETUAL HELP CENTER, INC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit for the property located a 4560 Princess Anne Road (GPIN 1476439090). COUNCIL DISTRICT 1 (Hutcheson) MEETING DATE: September 17, 2024 ■ Background: The applicant is seeking a Modification of Conditions to expand an existing nursing care and assisted living facility by 16,850 square feet increasing the facility from 87,195 square feet to 104,045 square feet. The facility currently has 120 units and will have 124 units following this expansion. A Conditional Use Permit for a Nursing Home was approved on this site by City Council on November 12, 1996. Previous conditions of approval include the number of beds in the facility, which are capped at 120, and building design and site layout as exhibited in plans dated October 7, 1996. The applicant is seeking modification to the three conditions related to the maximum number of beds, the building design, and the site layout. The proposed building expansion will be located on the southern elevation. A new wing will be constructed that will wrap from a projecting wing on the west elevation to the opposite side on the east elevation. This will create two interior courtyards. It will also require realignment of the existing sidewalk and road that curves around this side of the building. The addition will match the same design, materials, height, and color of the existing facility, and will provide additional space for new private and semi-private suites. ■ Considerations: The facility was first established in this community in 1996 and has provided senior care and living for almost 30 years. Our Lady of Perpetual Help is adjacent to a residential portion of the Timberlake Land Use Plan, is near residential areas of the Brenneman Farm Land Use Plan, and is immediately adjacent to Bishop Sullivan Catholic High School. Housing for seniors and nursing care facilities are uses that are compatible with residential neighborhoods found in the city's Suburban Area. In addition to the critical services it provides, Our Lady of Perpetual Help contributes to an overall sense of community and place. The proposed addition is well proportioned to the existing structure and uses the same design and quality building materials as the existing building. Though the building will increase in size, the overall increase in the number of beds is nominal and will enable the facility to continue providing care with increased privacy for residents. Parking will continue to be met on site. Our Lady of Perpetual Help Center, Inc. Page 2 of 2 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1 . Condition 1 of the 1996 Conditional Use Permit is hereby deleted and replaced with the following: This Conditional Use Permit is approved for a 124-bed nursing home/special care/assisted living facility. 2. Condition 2 of the 1996 Conditional Use Permit is hereby deleted and replaced with the following: The site shall be developed in substantial conformance with the concept layout entitled "Our Lady of Perpetual Help Proposed Parking Sketch," prepared by Pennoni Associates Inc. and dated July 15, 2024. 3. The proposed addition to the south elevation shall be developed in substantial conformance with drawings entitled "Our Lady of Perpetual Help Renderings and Elevations," prepared by Jones and Jones Associates and dated May 28, 2024. 4. A Landscape Plan shall be submitted at the time of final site plan review to address landscaping requirements for the revised parking areas on the property's southern end. 5. Prior to site plan approval, relocation of the existing fire hydrant near the south side of the building, painting of curbs and signage identifying a fire lane, minimum requirements for a fire access road, and any other Fire Code requirements shall be met. 6. The remaining conditions of the 1996 Conditional Use Permit shall remain in effect. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ekkIr City Manager: op Agenda Applicant and Property Owner: Our Lady of Perpetual Help Center, Inc. Planning Commission Public Hearing: August 14, 2024 V_B_ CouncilCity - • Project Details Request Modification of Conditions (Expand Existing Nursing Care and Assisted Living Facility) r' Staff Recommendation Approval \ ' S�S,F+ A� �� 4` R. t sF c ss 9�ti °� v� ��� ' F� Staff Planner �o� " Elizabeth Nowak P � A Location °F 4560 Princess Anne Road 0,0001 �p 9y GP/N ° 1476439090 0� �° PROhO N° Site Size 0= 8.6 acres AfCUZ Less than 65 dB DNL Watershed Chesapeake Bay /p Existing Land Use and Zoning District Nursing Home/ R-7.5 Residential «. Surrounding Land Uses and Zoning Districts North % Single-family dwellings and Retail / PD-H1 Planned Unit Development and 0-2 Office High School / R-10 Residential ,, , East High School / R-10 Residential LNest Princess Anne Road Single-family dwellings/ R-7.5 Residential Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 1 of 14 Background SummaryofProposal • The applicant is seeking a Modification of Conditions to expand an existing nursing care and assisted living facility by 16,850 square feet increasing the facility from 87,195 square feet to 104,045 square feet. The facility currently has 120 units and will have 124 units following this expansion. • A Conditional Use Permit for a Nursing Home was approved on this site by City Council on November 12, 1996. Previous conditions of approval include the number of beds in the facility, which are capped at 120, and building design and site layout as exhibited in plans dated October 7, 1996. The applicant is seeking modification to the three conditions related to the maximum number of beds, the building design, and the site layout. • The applicant currently employs 152 full and part time employees and provides assisted living and licensed nursing care.The existing 120 units are a mixture of private and semi-private rooms. 60 units are assisted living providing memory care for residents with a serious cognitive impairment; 30 units are assisted living providing residents with a high acuity level of care known as Extensive Assisted Living (EAL); and 30 units are licensed nursing home beds which provide services to residents with long-term nursing home needs. • The applicant recently received approval to purchase 34 nursing home beds through a Certificate of Public Need (COPN) process which will allow the applicant to provide short-term care to residents that will be reimbursed by Medicare and other secondary insurance.There are 30 existing beds used for Extensive Assisted Living (EAL) that will be eliminated. The new 34 beds will be used as private skilled beds. This results in an overall four bed increase. The change will result in a net increase of four beds in the facility. • The proposed addition will accommodate construction of 18 new private units to accommodate some of the new skilled nursing home beds.This is being done to eliminate as many semi-private units as possible to allow residents to have a private bathroom and to better adapt to a post-Covid-19 environment. • The proposed building expansion will be located on the southern elevation. A new wing will be constructed that will wrap from a projecting wing on the west elevation to the opposite side on the east elevation.This will create two interior courtyards. It will also require realignment of the existing sidewalk and road that curves around this side of the building. • The addition uses the same design as the existing building, including the height, a primary hipped roof, and gable dormers, and will use matching red brick veneer and windows. • The facility is currently served by 98 parking spaces. 26 spaces will be moved/removed as a result of the planned expansion and 19 replacement spaces are proposed, providing a total of 91 spaces for the facility. Section 235(c) requires one parking space for each independent living unit; one parking space for every two units in assisted living units; and one space for every three patient beds.There are 90 assisted living units and will be 34 nursing beds, requiring 45 spaces and 11 spaces respectively and a total of 56 required parking spaces. Even with the reduction from the current 98 spaces to 91 spaces, there will still be sufficient parking on site. Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 2 of 14 Zoning History Map Key Request No. MDC (Religious High School) Approved 05/28/2013 LUP Amendment Approved 06/23/1998 `� oz CUP (Religious High School) Approved `✓% ' 1 04/28/1992 �\ Po"' REZ (PDH-1 to R-10 Residential) Approved 04/28/1992 LUP Approved 03/10/1975 �Y CUP (Religious Use) Approved R,0 2 04/10/2012 �R,� LUP Approved 11/19/1981 CUP (Church) Approved 11/12/2002 j 3 CRZ (R-6 Residential to Conditional 0-1) R2 Approved 08/03/1987 4 LUP Amendment Approved 06/23/1998 LUP Approved 03/10/1975 5 CUP (Nursing Home) Approved 11/12/1996 6 LUP Approved 11/19/1981 Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT.-Alternative Compliance ,EvaluationRecommendation In Staff's opinion, the proposed addition to Our Lady of Perpetual Help is acceptable.The facility was first established in this community in 1996 and has provided senior care and living for almost 30 years. Our Lady of Perpetual Help is adjacent to a residential portion of the Timberlake Land Use Plan, is near residential areas of the Brenneman Farm Land Use Plan, and is immediately adjacent to Bishop Sullivan Catholic High School. Housing for seniors and nursing care facilities are uses that are compatible with residential neighborhoods found in the city's Suburban Area. In addition to the critical services it provides, Our Lady of Perpetual Help contributes to an overall sense of community and place. The proposed addition is well proportioned to the existing structure and uses the same design and quality building materials as the existing building. Though the building will increase in size, the overall increase in the Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 3 of 14 number of beds is nominal and will enable the facility to continue providing care with increased privacy for residents. The alterations to the existing driveway, which is designated as a fire lane, and the park areas will have no adverse effect on overall site conditions;the Fire Marshal's office indicated that the new parking spaces can be placed in this location provided the driveway remains a fire lane. Condition 5 is recommended to address any outstanding fire code regulations during site plan review. While there is an anticipated increase in the number of average daily trips with the planned expansion of the facility, Staff notes that this calculation is based on square footage of the building, not the number of beds. This conservative estimation of increased trips is within the capacity of Princess Anne Road and Staff believes the actual number of trips will be less than the analysis shows. In sum, Staff recommends approval of this application subject to the following recommended conditions and exhibits included in the staff report. Recommended Conditions 1. Condition 1 of the 1996 Conditional Use Permit is hereby deleted and replaced with the following:This Conditional Use Permit is approved for a 124-bed nursing home/special care/assisted living facility. 2. Condition 2 of the 1996 Conditional Use Permit is hereby deleted and replaced with the following:The site shall be developed in substantial conformance with the concept layout entitled "Our Lady of Perpetual Help Proposed Parking Sketch;' prepared by Pennoni Associates Inc. and dated July 15, 2024. 3. The proposed addition to the south elevation shall be developed in substantial conformance with drawings entitled "Our Lady of Perpetual Help Renderings and Elevations;' prepared by Jones and Jones Associates and dated May 28, 2024. 4. A Landscape Plan shall be submitted at the time of final site plan review to address landscaping requirements for the revised parking areas on the property's southern end. 5. Prior to site plan approval, relocation of the existing fire hydrant near the south side of the building, painting of curbs and signage identifying a fire lane, minimum requirements for a fire access road, and any other Fire Code requirements shall be met. 6. The remaining conditions of the 1996 Conditional Use Permit shall remain in effect. " . Conditions 1. This conditional use permit is approved for a 120-bed nursing home/special care/assisted living facility. 2. The facility shall be developed substantially in accordance with the site plan prepared by Collins & Kronstadt, dated 10/7/196, on file with the Department of Planning. Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 4 of 14 3. Landscaping shown on the site plan in the northwestern and northeastern corners of the site shall, at a minimum, comply with the provisions of Category I landscape screening, for the protection of abutting single-family dwellings. 4. The facility shall be constructed substantially in accordance with the photo rendering on file with the Department of Planning, entitled "Our Lady of Perpetual Help, Virginia each, Virginia." Materials shall consist primarily of brick, with wood and drivit accents, and white aluminum "storefront" solarium construction, as shown in the reference rendering and exhibited to the Planning Commission and City Council. 5. Free-standing signs shall be limited to one monument style sign, not more than eight (8) feet in height, utilizing materials, colors and design complementary to the nursing home structure. 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 by the Comprehensive Plan.The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks residential uses to maintain and create neighborhood stability by developing cohesively arranged structures and streetscapes by providing "site and building design that is visually interesting, encourages greater social interaction and provides memorable character" (p. 1-61). This project proposes an upgrade to established assisted living and nursing care, both in terms of medical care and in quality of life for residents. Resources'Natural & Cultural • The site is located in the Chesapeake Bay Watershed. There are no known historic or cultural resources that will be affected by this project. Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 5 of 14 impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Z-365 ADT Princess Anne Road 28,300 ADT' 32,000 ADT'(LOS°"D") Proposed Land Use 3-436 ADT ' Average Daily Trips 'As defined by an 'As defined by a 'LOS= Level of 87,000 SF Assisted 104,000 SF Assisted Service Living Facility Living Facility Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Princess Anne Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a four-lane facility within a 120-foot right-of-way. No roadway CIP projects are slated for this area. • Utility-impacts The property currently connects to City water and sanitary sewer. • Outreach • • Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Three letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign was placed on the property on July 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 31, 2024 and August 7, 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 July 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 3, 2024 and September 10, 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 30, 2024. Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 6 of 14 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on September 13, 2024. Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 7 of 14 Proposed Layout .wend yam.. .r.i-,vtn"� .MHia m,Yun+a_� x�c�r�oserixow+ne SNOWONO01 i0 NOLLVoiiloOW pH S g 3tY L N�13MS ONINHVd 03SOdOMd �I k Y!a i $ d13H 1Vf113dN3d 30 AOVI Noo m 77 1� Y: a L i f • E n Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 8 of 14 Proposed Elevation � e u. .•.� saowoNoa do aou"eiaow sriouvn37aM%vsoN.ia3aN38 3 SS k d13H TVrt13 UU 30 AOYI MnO EB- C M3 �' �z EB Ed a Er IR G 3 i •Y � „y R a r i 03 As Is Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 9 of 14 Site Photos TR +4 + 0-: Q -- -------- Wmun 91 ,. l.je+ F( •vr '60-aws,mass �.r -in _ w � x •x 9L an on It -� nE•�wr•••�•ll Esse®sR SON a� ,N;■i■�1� _ �a ��•#t■■t■11�� � x _ Site Photos AF M Ar_ is 1 1 1 ff1 ' a i11�IN1i1 �IIWfMf`f�+� i' eF Ffi1 a•sxa •.eeereee rrereeFFMiFFAFF[;f�f i = F ., , '• :'•: Itf1FF11f1 wS"'R.F[FiFff1ll Ef fM[flFefmfWP+•••^.*. eFlFOffN Its[[ T 7- _ +d R— AOW., vn- d ON— Monosson OEM 11 All 4 RU P b #+u A 'Disclosure VJCITY OFDisclosure VIRGINIA 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. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Our Lady of Perpetual Help Health Center, Inc. Is Applicant also the Owner of the subject property? Yes@ No© If no,Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes@ NoO If yes,name Representative: John Albert 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'or affiliated business entity 2 relationship with the applicant.(Attach list if necessary.) The sole mender of the Corporation is The current Bishop of the Catholic Diocese of Richmond is Barry C.Knestoul.Board of Directors:Myles Pods, Robert M.McCarthy,III,Rev.Venando Balarote,Jr., M.Susan Bucher,RN, Lora L.DiNardo,Francis Foster,David Lamb,Susan McAndrews,Wien Rockwell,Robert M.Spear,DO 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 the 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 Tmist cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © oe Disclosure Statement I rev. May-2024 Pape 1 of 3 Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 12 of 14 SECTIONDisclosure Statement DISCLOSURE SERVICE YES NO SERVICE PROVIDER Name entity and/or individual O © BioAn Ed-d..Ronda.vAANnAWAF-th8—Ed-&b-po8tordnbd . Accounting/Tax Return Preparation Architect/Designer/Landscape O Richard Jones is the architect for the project.He is Wth Jones and Architect/Land Planner Jones Associates Architects inRoanoka,VA Construction Contractor Engineer/Surveyor/Agent © © MrtW.llenakRA.LEE00—A.dab Asda%V.RaddrodPa 6 Undsay Fredrick and Scutt"n of Alperin law PLLC 5001n1ng Oda,Suite Legal Services 202 Vkginis Beach,VA 23452 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. Applicant Name(Print) Appli n Signzlture D to 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 some 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): 08/27/2024 Elizabeth Nowak fit.r 08/27/2024 Staff Name(Print) Staff Signature Date Disclosure Statement I rev. May-2024 page 2 of 3 Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 13 of 14 • • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • 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. Our Lady of Perpetual Help Center, Inc. Agenda Item 7 page 14 of 14 Virginia Beach Planning Commission August 14, 2024 Public Meeting Item #7 Our Lady of Perpetual Help Heath Center, Inc. Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Our next item is Agenda Item #7. Our Lady of Perpetual Help Health Center. If the applicant could please come forward. Ms. Frederick: Hello, good afternoon commissioners. My name is Lindsay Frederick. I'm with Alperin Law representing the applicant. We are seeking the modification of a conditional use permit. It was granted back in 1996, and we are in agreement with all the conditions placed forth. Ms. Cuellar: Thank you very much. We appreciate you being here today. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Anderson to read this into the record. You may be seated. Mr. Anderson: The applicant is seeking a modification of conditions to expand an existing nursing care and assisted living facility by 16,850 square feet, increasing the facility from 87,195 square feet to 104,045 square feet. The facility currently has 120 units and will have 124 units following this expansion. A conditional use permit for a nursing home was approved on the site by City Council November 12, 1996. Previous conditions of approval include the number of beds in the facility, which are capped at 120, and building design, and site layout as existed in plans dated 1996. The applicant is seeking modification to the three conditions related to the maximum number of beds, the building design and the site layout. Hearing no objections, we put it on consent. Ms. Cuellar: Thank you very much. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission will now place four items on the consent agenda. Items #1, 4, 7, and 11. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve the consent agenda as read by the Vice Chair? Motion by Mr. Plumlee, and second by Ms. Hippen. Madam Clerk: The vote is now open. By a vote of 10 to 0, consent agenda items #1 ,4, 7, and 11 have been recommended for approval. Mr. Alcaraz: All right, thank you. Those items that were approved, you can get with your planning representative, and they'll tell you when you'll be seen at City Council. Thank you for coming. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris X Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Condition 1 of the 1996 Conditional Use Permit is hereby deleted and replaced with the following: This Conditional Use Permit is approved for a 124-bed nursing home/special care/assisted living facility. 2. Condition 2 of the 1996 Conditional Use Permit is hereby deleted and replaced with the following: The site shall be developed in substantial conformance with the concept layout entitled "Our Lady of Perpetual Help Proposed Parking Sketch," prepared by Pennoni Associates Inc. and dated July 15, 2024. 3. The proposed addition to the south elevation shall be developed in substantial conformance with drawings entitled "Our Lady of Perpetual Help Renderings and Elevations," prepared by Jones and Jones Associates and dated May 28, 2024. 4. A Landscape Plan shall be submitted at the time of final site plan review to address landscaping requirements for the revised parking areas on the property's southern end. 5. Prior to site plan approval, relocation of the existing fire hydrant near the south side of the building, painting of curbs and signage identifying a fire lane, minimum requirements for a fire access road, and any other Fire Code requirements shall be met. 6. The remaining conditions of the 1996 Conditional Use Permit shall remain in effect. June 18, 2024 City of Virginia Beach Planning&Community Development 2875 Sabre Street Virginia Beach, VA 23452 To Whom It May Concern: I am writing to support the planned expansion of Our Lady of Perpetual Help. Representatives from Our Lady of Perpetual Help shared their expansion plan with me, and I have no objection. Sincerely, Name DI Ec to Address June 18, 2024 City of Virginia Beach Planning& Community Development 2875 Sabre Street Virginia Beach, VA 23452 To Whom It May Concern: I am writing to support the planned expansion of Our Lady of Perpetual Help. Representatives from Our Lady of Perpetual Help shared their expansion plan with me, and I have no objection. Sincerely, Name Address /aka t�atholic High School 4552 Princess Anne Road,Virginia Beach,Virginia 23462-757-467-2881 •Fax 757-467-0284•www.chsvb.org Office of the Principal June 25, 2024 City of Virginia Beach Planning & Community Development 2875 Sabre Street Virginia Beach, VA 23452 To Whom It May Concern: This letter supports the planned expansion of Our Lady of Perpetual Help which shares a lengthy boundary with Catholic High School. Our Lady of Perpetual Help and Catholic High School have supported each other over the years by engaging in inter-generational activities and service opportunities. Currently, residents requiring short-term skilled nursing services must obtain them elsewhere, which presents a hardship for the residents and their families. The planned expansion at Our Lady of Perpetual Help will allow residents to remain in place when they require short-term skilled nursing services. In closing, Catholic High School supports Our Lady of Perpetual Help's proposed nursing home expansion. Please feel free to contact me at boonpCcD-chsvb.org if you have any questions. Kind regards, Peggy Boon Catholic High School Principal Serving the Communities of Norfolk,Virginia Beach,Portsmouth,Chesapeake Fostering Values•Nurturing Intellect-Shaping Character August L , 2024 City of Virginia Beach Planning & Community Development 2875 Sabre Street Virginia Beach, VA 23452 To Whom It May Concern: I am writing to express support from the Larkspur Civic League on the planned expansion of Our Lady of Perpetual Help. Representatives from Our Lady of Perpetual Help have shared their expansion plans with us, and we have no objections. Sincerely, Lindsay Johns Larkspur Civic League r a 0 AG 2 o �, AG2 o ' 0 N ® Site Property Polygons - -- Dogs Real Estate, LLC W E ® Zoning 3449 Robinson Road S Building Feet 0 1530 60 90 120 150 180 uI. pep , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DOGS REAL ESTATE, LLC [Applicant & Property Owner] Conditional Use Permit (Residential Kennel) for the property located at 3449 Robinson Road (GPIN 2412650161). COUNCIL DISTRICT 2 (Henley) MEETING DATE: September 17, 2024 ■ Background: The applicant is seeking a Conditional Use Permit for a Residential Kennel to use an existing 2,724-square-foot home at 3449 Robinson Road as a sanctuary for elderly and disabled dogs. The property is zoned AG-2 Agricultural and is approximately a half-acre. The applicant's intention is to keep up to 12 dogs at the property as personal pets and will replace animals with newly adopted elderly or disabled dogs as ones pass away. No dogs will be kept outdoors and there will be no outdoor kennels. Aside from being allowed into the fenced backyard for play and to use the bathroom, the dogs will be kept indoors in the primary dwelling on the property. ■ Considerations: The proposed use is compatible with the overall character and goals for the Rural Area, as defined in the Comprehensive Plan. The subject property is approximately a half-acre and is separated from nearby residences by mature trees.As proposed, the dogs will be primarily kept indoors; none will be kenneled outside. The applicant is specifically requesting to house elderly and disabled dogs, which are likely to make less noise than as many young, active puppies and dogs. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. 1. This Conditional Use Permit shall be limited to a maximum of twelve (12) dogs, inclusive of adult dogs and puppies. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Dogs Real Estate, LLC Page 2 of 2 4. No dog shall be left outdoors unattended for long periods of time. As volunteered by the applicant, the dogs shall be inside of the single-family dwelling, a soundproof/insulated and air-conditioned building, for the majority of the day, with an exception to breaks for urination, defecation, and daily exercise. 5. No more than six (6) dogs shall be permitted to be outdoors at any one time and the dogs shall always remain under supervision of the caretaker. 6. All dogs, when outside, shall remain within the fenced-in area and shall not be a nuisance to any other property owners or residents. 7. There shall be no breeding of dogs on the site. 8. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (1) Petition Signatures of Support (11) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 09 Agenda Item 4 Applicant and Property Owner: Dogs Real • • • • Estate,, 2024 V0 CouncilCity Project Details Request Conditional Use Permit (Residential Kennel) N MUDDY CREEK RD Staff Recommendation Approval F, Staff Planner Elizabeth Nowak Location 3449 Robinson Road eD 2 GPIN 2412650161 Site Size 23,750 square feet R081NSDW AICUZ Less than 65 dB DNL Watershed Southern Rivers " Existing Land Use and Zoning District Single-family dwelling, cultivated field /AG-2 Agricultural Surrounding Land Uses and Zoning Districts h North r, - I . Single-family dwelling/AG-2 Agricultural South gym. Cultivated field/AG-2 Agricultural East Robinson Road a *} Cultivated field/AG-2 Agricultural West Cultivated field/AG-2 Agricultural Dog's Real Estate, LLC Agenda Item 4 page 1 of 10 BackgroundofProposal • The applicant is seeking a Conditional Use Permit for a Residential Kennel to use an existing 2,724-square- foot home at 3449 Robinson Road as a sanctuary for elderly and disabled dogs. The property is zoned AG-2 Agricultural and is approximately a half-acre. The rear yard is fenced. • The applicant is seeking to house up to twelve dogs at the property.The current resident of the property will continue to reside on the property. • No dogs will be kept outdoors, and there will be no outdoor kennels. Aside from being allowed into the fenced backyard for play and to use the bathroom, the dogs will be kept indoors in the primary dwelling on the property. • Dogs will sleep inside the home in either one of two large living rooms or the kitchen. Large and small dogs will be fed in separate areas to avoid issues with resource guarding or bullying. Spaces cordoned away from other dogs are available throughout the house to separate dogs with medical conditions that require physical separation from other animals. • The applicant has indicated that they are seeking status as a 501(c)(3) non-profit organization to carry on their work rehabilitating and housing elderly and disabled dogs; however, the kennel will have no employees and the dogs will not be available for adoption as all the dogs will be adopted by the applicant. While there are no current plans to have volunteers, the applicant has indicated they may host volunteers at some point in the future to assist with care for the animals. • As the applicant is seeking to provide this care long term, they are seeking to be able to foster and/or adopt additional dogs when ones in care pass away, though not to exceed 12 at any one time. • The City's Animal Services Bureau has no record of complaints at this address lodged within the last four years. The bureau notes, however, that the two members of Dogs Real Estate, LLC have a combined number of 12 dogs currently registered with the City. Registered dogs still expected to be living are current on vaccines and licenses. Dog's Real Estate, LLC Agenda Item 4 page 2 of 10 Zoning Map Key No. Request JG2 SVR (Lot Width Reduction) Approved 03/22/2010 FVR Approved 03/22/2010 A02 — _ Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodplain Variance Conditions ALT Alternative Compliance EvaluationRecommendation In Staff's opinion, this request for a Conditional Use Permit for a Residential Kennel is acceptable. The proposed use is compatible with the overall character and goals for the Rural Area, as defined in the Comprehensive Plan. The subject property is approximately a half-acre and is separated from nearby residences by mature trees. As proposed, the dogs will be primarily kept indoors; none will be kenneled outside. The applicant is specifically requesting to house elderly and disabled dogs, which are likely to make less noise than from as many young, active puppies and dogs. While it appears the applicant may have been keeping dogs in excess of the four permitted by the Zoning Ordinance, they are resolving that issue with this Conditional Use Permit; further, Animal Services Bureau has no objection to this application and there have been no complaints while animals have resided with these individuals. The applicant has provided a letter of support from their veterinarian and Staff has no concerns about the animals' welfare. To mitigate potential noise effects on neighboring properties, Staff recommends Condition 2, 5, 6, and 7 to ensure dogs will be kept indoors and not be left outdoors for long periods; that they are only permitted outdoors in fenced locations and under supervision; and that no breeding is permitted on site. Based on these considerations, Staff recommends approval subject to the conditions below. Dog's Real Estate, LLC Agenda Item 4 page 3 of 10 Recommended Conditions 1. This Conditional Use Permit shall be limited to a maximum of twelve (12) dogs, inclusive of adult dogs and puppies. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. No dog shall be left outdoors unattended for long periods of time. As volunteered by the applicant, the dogs shall be inside of the single-family dwelling, a soundproof/insulated and air-conditioned building, for the majority of the day, with an exception to breaks for urination, defecation, and daily exercise. 5. No more than six (6) dogs shall be permitted to be outdoors at any one time and the dogs shall always remain under supervision of the caretaker. 6. All dogs, when outside, shall remain within the fenced-in area and shall not be a nuisance to any other property owners or residents. 7. There shall be no breeding of dogs on the site 8. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of 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 Rural Area. The Rural Area's main objectives are to create policies and strategies to preserve the primarily agricultural and environmental value and heritage of this area (p.1-121 to 1-129). This proposal will have no negative effect on surrounding agricultural activities. Keeping dogs is understood to be an acceptable residential use and rural locations, such as this, are more suitable for larger numbers of animals, especially when kept indoors. ResourcesNatural & Cultural • Dog's Real Estate, LLC Agenda Item 4 page 4 of 10 The site is located in the Southern Rivers Watershed. There are no known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Robinson Road No data available No data available Proposed Land Use 3 10 ADT 'Average Daily Trips zas defined by a single-family 3as defined by a single-family 4 LOS=Level of Service dwelling dwelling and a Residential Kennel Master Transportation Plan(MTP)and Capital lmprovement Program(CIP) Robinson Road in the vicinity of this application is a rural road.There are no CIP projects slated for this area. Public Utility Impacts City water and sanitary sewer are not available to the property. The site is served by well water and septic service. Public Outreach Information Planning Commission • The applicant reported to Staff that they met with surrounding neighbors in early July and received eleven signatures of support for the application, as well as an individual letter of support. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 31, 2024 and August 7, 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 July 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 3, 2024 and September 10, 2024. Dog's Real Estate, LLC Agenda Item 4 page 5 of 10 • 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 30, 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 September 13, 2024. Dog's Real Estate, LLC Agenda Item 4 page 6 of 10 Site Photos ^ t I � I Disclosure DisclosureCIIYOF StatementVIRGINIA V BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they hove 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Dogs Real Estate, LLC 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@ No0 If yes,name Representative. Delphirle G. Carnes 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'or affiliated business entity'relationship with the applicant.(Attach list if necessary.) Delphine G.Carnes and Michael A.Jelinek Does the subject property have a proposed or pending purchaser? Yes-G 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 the 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 ore 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.) _ Real Estate Broker/Agent/Realtor O @ Disclosure Statement I rev. May-2024 page 1 of 3 Dog's Real Estate, LLC Agenda Item 4 page 8 of 10 Disclosure continuedSECTION 1: APPLICANT DISCLOSURE SERVICE YES NO SERVICE PROVIDER _ !Name entity and/or lndlvldual Accounting/Tax Return Preparation O Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O Legal Services O 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. Delphine G.Cames 1A"I-2024 Applicant Name(Print) Applicant Signature Date Porent-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 some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities'See State and Local Government Conflict of Interests Act,Va.Code§2.2-3101. FOR CiTY USE ONLY: No changes as of(date): 08/27/2024 Elizabeth Nawak �� i �� 08/28/2024 Staff Name(Print) tall SignatureDate Disclosure Statement I rev. May-2024 page 2 of 3 Dog's Real Estate, LLC Agenda Item 4 page 9 of 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Dog's Real Estate, LLC Agenda Item 4 page 10 of 10 Virginia Beach Planning Commission August 14, 2024 Public Meeting Item #4 Dog's Real Estate, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Our next item is Item #4, Dogs Real Estate, LLC. Is the applicant here? Welcome. Good afternoon. If you could please state your name for the record. Ms. Carnes: Yes, ma'am. Delphine Carnes, and this is Mike Jelinek. We represent Dogs Real Estate, and we agree with the conditions set forth by Staff for our Conditional Use Permit. Ms. Cuellar: Fantastic. Thank you very much. We appreciate that. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Cromwell to read this into the record. Mr. Cromwell: The applicant is seeking a Conditional Use Permit for a residential kennel to use an existing 2,724 square foot home at 3449 Robinson Road as a sanctuary for elderly and disabled dogs. The property is owned AG2-Agricultural and is approximately a half-acre. The rear yard is fenced. The applicant is seeking to house up to 12 dogs on the property. The current resident of the property will continue to reside on the property. No dogs will be kept outdoors, and there will be no outdoor kennels. Dogs will sleep inside the home in either one of two large living rooms or the kitchen. The applicant has indicated that they are seeking status as a 501(c)(3) non-profit organization to carry on their work rehabilitating and housing elderly and disabled dogs. Hearing no objections, we hereby approve this application. Ms. Cuellar: Thank you very much. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission will now place four items on the consent agenda. Items #1, 4, 7, and 11. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve the consent agenda as read by the Vice Chair? Motion by Mr. Plumlee, and second by Ms. Hippen. Madam Clerk: The vote is now open. By a vote of 10 to 0, consent agenda Items #1,4, 7, and 11 have been recommended for approval. Mr. Alcaraz: All right, thank you. Those items that were approved, you can get with your planning representative, and they'll tell you when you'll be seen at City Council. Thank you for coming. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris X Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. This Conditional Use Permit shall be limited to a maximum of twelve (12) dogs, inclusive of adult dogs and puppies. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. No dog shall be left outdoors unattended for long periods of time. As volunteered by the applicant, the dogs shall be inside of the single-family dwelling, a soundproof/insulated and air-conditioned building, for the majority of the day, with an exception to breaks for urination, defecation, and daily exercise. 5. No more than six (6) dogs shall be permitted to be outdoors at any one time and the dogs shall always remain under supervision of the caretaker. 6. All dogs, when outside, shall remain within the fenced-in area and shall not be a nuisance to any other property owners or residents. 7. There shall be no breeding of dogs on the site. 8. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. July 26, 2024 Ms. Elizabeth Nowak Planning & Community Development Planner II/Planning Administration 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 Dear Ms. Nowak, I am writing in support of the application for a residential kennel license for property located at 3449 Robinson Rd in Virginia Beach, which was submitted by Delphine Carnes and Michael Jelinek who are the owners of Dogs Real Estate, LLC. I own and operate a veterinary practice located at 2111 Princess Anne Road in Virginia Beach and I have known Michael and Delphine for several years as the primary veterinarian for their dogs. Over the years, I have cared for their dogs and can attest to their commitment to the health and wellbeing of each of their pets. Michael and Delphine have adopted several elderly and disabled dogs, most of whom have required additional medical treatment beyond routine preventative care. They have always made sure their dogs receive ongoing medical attention, including surgeries when necessary. They are also very proactive in ensuring their dogs are vaccinated and given appropriate supplements and prophylactic treatment. While ongoing veterinary care can be expensive for pet owners, I know that Michael and Delphine make sure their dogs receive the best ongoing medical care, from wellness checkups to dental work and surgical procedures, no matter the cost. Michael and Delphine are attentive, compassionate and thoughtful dog owners, and I support their continued efforts to adopt elderly and disabled dogs. I hope the City of Virginia Beach will favorably consider their kennel license application. Sincerely rie Deavers, 61VM Healing with Heart July J., Dear neighbors, We recently purchased the house located at 3449 Robinson Rd, and we plan to operate a sanctuary for elderly and disabled dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters.Our goal is to eventually care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out.This is our home,and we will personally take care of the dogs.We may have a few volunteers in a couple of years once we have our 501(c)(3)entity set up,but the sanctuary will not be open to the public.We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard, walks and bathroom breaks. We are currently applying to the City for a "kennel license", which is the permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below.Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at dcarnes@delphinecarneslaw.com.We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signatur _ Signatures' —' 2M Nam Name:rO Address I Address OSp -- -- 5l� va G , Signature: c am f Signature: Name: _)cuti �,, Name: y Address: �r �7 (Z� Address: Signature: �� Signature: P.S eL Name: Name: f,S�'On .SF1ur��k�f Address: 3-AS j -R- 'iSy\('ti, Address:.3-54±) RObi SOr--, Rd I- JN-A yA Rs•S-Qb.\JA E3 6 Signature: 1 �_ Signature: Name: Q. < « Name: Address: W 1 o5irvI Address: July 1,2024 Dear neighbors, We recently purchased the house located at 3449 Robinson Rd, and we plan to operate a sanctuary for elderly and disabled dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters.Our goal is to eventually care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out.This is our home,and we will personally take care of the dogs.We may have a few volunteers in a couple of years once we have our 501(c)(3)entity set up,but the sanctuary will not be open to the public.We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard,walks and bathroom breaks. We are currently applying to the City for a "kennel license", which is the permit that would allow us to ' have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below. Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at dcarnes@delphinecarneslaw.com.We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signature: e&,�J,44 Signature: Name:y"Sqmnn4iuk &)P—cc l.er Name: Address:' ;�5 Pnhirlyon W Address: or ,yiy 2-14Cb Signature: Signature: Name: Name: Address: Address: Signature: Signature: Name: Name: Address: Address: Signature: Signature: Name: Name: Address: Address: July 1,2024 Dear neighbors, We recently purchased the house located at 3449 Robinson Rd, and we plan to operate a sanctuary for elderly and disabled dogs. We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters.Our goal is to eventually care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out.This is our home,and we will personally take care of the dogs.We may have a few volunteers in a couple of years once we have our 501(c)(3)entity set up,but the sanctuary will not be open to the public.We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard,walks and bathroom breaks. We are currently applying to the City for a "kennel license", which is the permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below.Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at dcarnesPdelphinecarneslaw.com.We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signature: Signature:R ;4i �l Name: r UJ o-r 6. Name: Address: Sg43 &6i..so,, Qd Address: Vi-, 12�eoc-L, VA 2-3gSb Signature: Signature: Name: Name: Address: Address: Signature: Signature: Name: Name: Address: Address: Signature: Signature: Name: Name: Address: Address:_ July 1,2024 Dear neighbors, We recently purchased the house located at 3449 Robinson Rd, and we plan to operate a sanctuary for elderly and disabled dogs.We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters.Our goal is to eventually care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out.This is our home,and we will personally take care of the dogs.We may have a few volunteers in a couple of years once we have our 501(c)(3)entity set up,but the sanctuary will not be open to the public.We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard,walks and bathroom breaks. We are currently applying to the City for a "kennel license",which is the permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can,please indicate your support of our application for a kennel license by signing in the spaces provided below.Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details.You can reach us by calling or texting 757-677-6092 (Delphine) and 757-574-7500 (Michael). You can also email us at dcarnesPdelphinecarneslaw.com.We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signature:_ A _ Signature: Name: ' Name: Address: Qn (Lo« Address: V a Signature: Signature: Name: _ Name: Address: _ Address: Signature: Signature: Name: Name: Address: — Address: ------------ Signature: Signature: Name: Address: — Name: Address: July 1,2024 Dear neighbors, We recently purchased the house located at 3449 Robinson Rd, and we plan to operate a sanctuary for elderly and disabled dogs.We are passionate about giving a comfortable and loving home to older and disabled dogs who have a hard time getting adopted from local shelters.Our goal is to eventually care for up to twelve dogs at a time and provide them a forever home.They will stay with us for the rest of their lives-we will not adopt them out.This is our home,and we will personally take care of the dogs.We may have a few volunteers in a couple of years once we have our 501(c)(3)entity set up,but the sanctuary will not be open to the public.We will not build any outdoor kennels and all our dogs will stay indoors,other than for play time in our fenced backyard,walks and bathroom breaks. We are currently applying to the City for a "kennel license",which is the permit that would allow us to have more than four dogs on the property. We would very much appreciate your support for that application. If you can, please indicate your support of our application for a kennel license by signing in the spaces provided below.Please return the signed letter to our mailbox or call us if you would like us to pick it up. If you have any questions, we would love to discuss this with you in more details. You can reach us by calling or texting 757-677-609:2 (Delphine) and 757-574-7500 (Michael). You can also email us at dcarnes@delphinecarneslaw.coin.We appreciate your help in making this sanctuary a success. Sincerely, Delphine Carnes and Michael Jelinek Signature ` _ Signature: Name: X�.S _ Name: Address: G Posen 't.� Address: Signature: Signature: Name: Name: Address: Address: Signature: _ Signature: Name: _ Name: Address: _ Address: Signature: Signature: Name: _ Name: Address: _ Address: w. O; s 0 o o r� PDH1 r its � --- 4�,_ 4 t�A ------------ C] c� 0 Dante Place — PDH1 N ® Site w r: Property Polygons Robert Jessup 2940 Dante Place S Zoning Building Feet 0 1530 60 90 120 150 180 tjZ �J f JJ 4�v� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT JESSUP [Applicant] ROBERT & JENNIFER A. JESSUP [Property Owners] Conditional Use Permit (Home Occupation) for the property located at 2940 Dante Place (GPIN 1496327363). COUNCIL DISTRICT 3 (Berlucchi) MEETING DATE: September 17, 2024 ■ Background: The applicant requests a Conditional Use Permit for a Home Occupation to operate a gunsmithing business within the single-family dwelling. The applicant will be the sole operator who will be repairing firearms and educating on gun safety. All gun safety education on this property will occur inside the single-family dwelling. There will be no sale of firearms or ammunition from this residence, only necessary firearm parts. No signs or advertisements are proposed for the property. ■ Considerations: No firearm or federally controlled item will be left on the property without properly being transferred to the owner. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. In this instance, the Applicant plans on using 110 square feet of space in his home, which equates to 8 percent of the total floor area. All federally controlled items will be stored in an authorized secured safe. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. Approval of the Conditional Use Permit is required for the applicant to obtain his FFL. All firearms that are on the site will be required to be secured in accordance with ATF regulations. Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Eight letters of support were received by Staff. There is no known opposition to this request. Robert Jessup Page 2 of 3 ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The Magic Hollow Land Use Plan shall be modified to grant the use of this site as depicted in the land survey dated July 1, 1992, which is exhibited on the "Existing Site Plan" below and kept on file with the Department of Planning and Community Development, to allow for the home occupation of a gunsmithing business. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 5. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 6. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 7. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 110 square foot room on the property. 8. There shall be no sales of any products or merchandise to the general public from the site. 9. There shall be only one (1) employee associated with this home-based business. 10. Hours of operation shall be between Tuesday and Wednesday from 5:00 p.m. to 8:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m. and limited to one (1) customer by appointment only. Robert Jessup Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Email from applicant describing Gun Safety Instruction classes Letters of Support (8) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department n City Manager: Agenda Item • A•• Robert Jessup Property Owner: Robert Jessup Planning Commission Public Council11 City i- Project Details Request Conditional Use Permit (Home Occupation) D D t Staff Recommendation ? JOHN HANCOCK OR Yy Approval — A E 9rQ( Staff Planner Rachael Miller p dVCoe T ti Location 2940 Dante Place 1 � i GPIN 1 1496327363 ' Site Size 6,596.67 square feet AICUZ r' Greater than 75 dB DNL •� �� Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ PD-H1 Planned Unit Development ` Surrounding Land Uses and Zoning Districts `' North c y - Single-family dwellings/ PD-H1 Planned Unit t , Development South Dante Place ° i Single-family dwellings/PD-H1 Planned Unit .. r •. Development F° ter. East Single-family dwellings/PD-H1 Planned Unit Development West Single-family dwellings/PD-H1 Planned Unit Development Robert Jessup Agenda Item 9 page 1 of 10 Background SummaryofProposal • The applicant is seeking a Home Occupation permit to operate a gunsmithing business within a single- family dwelling on a parcel in the Magic Hollow neighborhood. • This property is located in the Magic Hollow Land Use Plan within a PD-H1 Planned Unit Development Zoning District. Home Occupations are not listed as a use allowed in Planned Unit Development Districts therefore, the applicant is seeking to amend the Magic Hollow Land Use Plan through the Conditional Use Permit process to allow the use on this property. • The applicant is currently enrolled in a gunsmithing and firearms safety course. The business would be to repair gun stocks for hunting firearms and teach gun safety and safe hunting practices on site.The applicant will be the sole operator of the in-home business. • There will be no selling, reloading, or manufacturing of firearms or ammunition with this gunsmithing business. No signs or advertisements are proposed for the property. • Hours of operation are from Tuesday and Wednesday from 5:00 p.m. to 8:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m. Only one customer will be serviced at a time and will be by appointment only. • Business will be conducted in a front room of the home that is approximately 110 square feet in size. • As required by federal law, the applicant will obtain a Federal Firearms License (FFL) through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF). All firearms will be secured in the home in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police Officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. Robert Jessup Agenda Item 9 page 2 of 10 Zoning • Map Key No. Request �' a 1 LUP(Land Use Plan)Approved 01/01/1979 Ia t y Application Types CUP: Conditional Use Permit MDP: Modification of Proffers SVR:Subdivision Variance REZ: Rezoning NON: Nonconforming Use LUP: Land Use Plan CRZ: Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR: Floodploin Variance Conditions ALT:Alternative Compliance Evaluation • • . • In Staff's opinion, this request for a Conditional Use Permit for Home Occupation is acceptable. The Comprehensive Plan's recommendations for the Suburban Area are guided by the primary principle of creating and maintaining "Great Neighborhoods". As a non-residential use within a residential area, the Comprehensive Plan seeks services and uses that are compatible for established residences. The applicant will conduct business with one customer at a time by appointment-only that are offered three days a week within daytime hours, and therefore, not adding any significant increases to weekday traffic or into the neighborhood. With neighbor support, this non-residential use would be maintaining neighborhood stability. Section 234 of the Zoning Ordinance allows up to 20 percent of the total floor area of the primary and ancillary structures on the site to be used in association with a home occupation. The applicant proposes to use a front room in the home that is approximately 110 square feet. The total floor area of the dwelling is 1,317 square feet, which equates to about 8%of the space in the home dedicated to gunsmithing operations. Therefore, the size of the business space is acceptable. If the applicant proposes to expand services offered, a modification of this Conditional Use Permit will be required. The applicant intends to store firearms in a locked and secured vault, in accordance with ATF regulations. As stated previously, the Virginia Beach Police Department will conduct a security assessment of the home within Robert Jessup Agenda Item 9 page 3 of 10 one month of the granting of the Conditional Use Permit, as noted in Condition 2. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to ensure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms, firearm supplies, firearms parts, and money may be stored • If there are children in the home, the assessing officer will review safety measures as it pertains to firearms and the children. The Magic Hollow Land Use Plan does not list Home Occupation as a use. This Conditional Use Permit would amend the Magic Hollow LUP to allow for Home Occupation but only at this site, as noted in Condition 1. Based on the considerations above, Staff finds that the proposed use meets the requirements of a Home Occupation as stated in Section 234 of the Zoning Ordinance. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the neighborhood. As such, Staff recommends approval for this project subject to the conditions below. Recommended Conditions 1. The Magic Hollow Land Use Plan shall be modified to grant the use of this site as depicted in the land survey dated July 1, 1992, which is exhibited on the "Existing Site Plan" below and kept on file with the Department of Planning and Community Development, to allow for the home occupation of a gunsmithing business. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. Robert Jessup Agenda Item 9 page 4 of 10 5. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 6. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 7. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 110 square foot room on the property. 8. There shall be no sales of any products or merchandise to the general public from the site. 9. There shall be only one (1) employee associated with this home-based business. 10. Hours of operation shall be between Tuesday and Wednesday from 5:00 p.m. to 8:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m. and limited to one (1) customer by appointment only. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this property within the Suburban Area.The primary guiding principle for the Suburban Area is to create and maintain "Great Neighborhoods"with supporting principles to connect transportation systems and foster environmental and cultural stewardship. With no proposed alterations to the site, this proposal would not negatively impact transportation nor environmental resources. As a non- residential use within a residential area, the Comp Plan recommends the creation of compatible services and uses for residents.The applicant stated he is receiving training on gunsmithing and has had years of experience handling firearms through his time in the service and as a hunter.This service is seen as complimentary and follows recommendations in the Comprehensive Plan. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed and is located outside of the Resource Protection Area. There are no site improvements proposed with this application. Robert Jessup Agenda Item 9 page 5 of 10 No historic or cultural resources will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 1- 10 ADT z Dante Place No Data Available No Data Available Proposed Land Use 3- No Data Available 1 as defined by a 1-unit Single 2 Average Daily Trips 3 No information available in Family Dwelling the ITE Trip Generation Manual for event venues Master Transportation Plan(MTP)and Capital Improvement Program(CIP) Dante Place is a two-lane undivided local street. It is not included in the Master Transportation Plan and no CIP projects are planned for Dante Place at this time. Active Transportation Plan Dante Place is not listed in the Active Transportation Plan. As a single-family dwelling in an established neighborhood, this business could provide parking for those who elect to use non-vehicular transportation. Public Water&Sewer The site connects to City sewer and water. PublicOutreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Eight letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, July 31, 2024 and August 7, 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 July 29, 2024. Robert Jessup Agenda Item 9 page 6 of 10 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 3, 2024 and September 10, 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 30, 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 September 13, 2024. Robert Jessup Agenda Item 9 page 7 of 10 'rest, � � fa�r'oN a� ��• � �r� w� �L�'J b'�PtO 9$W.e* I Nt Mv.E i ?4 cps {4dt,p•544� oK u � } ul Existing Dwelling � Z ' Proposed M Work Space vNT 0..16 dtt r 1* 1 i�.rr ice+ 1 , i .9 I 104446 #A$4 D � Orq Cr PA14T E P LACV. 00 0m o � � Site • • f. it tl � �n w II I i � �iifilil'° ���I Illlllillllllll :��II ���IIII illll 1111111 a aC 9t iliii! N Ililllllllllli�I1 { Robert Jessup Agenda Item 9 page 9 of 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Robert Jessup Agenda Item 9 page 10 of 10 CITY � • Disclosure GINIA VB 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. SECTIONDISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Robert Jessup Is Applicant also the Owner of the subject property? Yes(F) Noo If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes(7) No(F) If yes, name Representative: Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesONo) If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) 17 Does the subject property have a proposed or pending purchaser? Yes U 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 the subject land or any proposed development contingent on the subject public action? Yeso 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 O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • - • SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation 0 Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 Engineer/Surveyor/Agent 0 Legal Services 0 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. Robert Jessup 4�is7 7/15/2024 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 some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets, the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): 8/27/2024 Rachael Digitally signed by Rachael Miller Rachael Miller Miller Date 2024.09.0311:42:31_04'00' 9/3/2024 Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesQNo©i 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? Yeso NoQ 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 O 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 (mortgage, deeds of trust, O Q cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O Accounting/Tax Return Preparation O 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O Engineer/Surveyor/Agent O Legal Services O PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein 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. Robert Jessup �� 7/15/2024 Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 Virginia Beach Planning Commission August 14, 2024 Public Meeting Item #9 Robert Jessup Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: All right. Thank you. Now we'll move to applicant #9. Please come forward. Afternoon, you can just state your name for the record,please. Mr. Jessup: How you doing? I'm Robert Jessup, and I have received and have all the information from the Planning Commission on their guidelines and everything, and I'm on track for that. Mr. Alcaraz: Sure, I think some of the Commissioners might have some questions for you, unless you have any additional information to give us. Mr. Jessup: I don't have any questions. Mr. Alcaraz: Okay. Commissioners? Mr. Plumlee: Mr. Jessup. How are you today? Thank you for coming by. I understand you are going to be having a repair, very small repair within your home of firearms. Is that fair? Mr. Jessup: Correct. Mr. Plumlee: So what is the process? And does that require any kind of special chemicals? Anything of any concern that you have to maintain in your home? Mr. Jessup: No, everything I use is biodegradable. All the modern chemicals that are out there, nothing, and I've gone through and with the Planning [Department] and their instructions on planning commission [process]. There's no hazardous waste disposal requirements or anything. Mr. Plumlee: And you've submitted for the federal license and that requires background checks, I'm assured and other items. Is that fair? Mr. Jessup: That is correct, and I cannot go through that process until the City has authorized this process and every individual that goes through it, whether I move out or not, they would not be granted. Ms. Plumlee: They're not going to bother to do that unless they know you can actually be permitted by the locality to do it here,but for you to actually initiate in this repair operation, you must first receive those permits? Mr.Jessup: Correct. Once I'm done with this,then I go through that,that's another three month process. Mr. Plumlee: And then you also, I think it states here, you're going to maintain a secure, safe, or you're going to be able to secure the firearms. Mr. Jessup: Correct. I already have an authorized secured safe. I also have a monitored security system on the home with cameras,motion sensors and everything. Ms. Plumlee: And the testing of the firearms does not occur in the house that has to go. Mr. Jessup: No testing of firearms whatsoever. No manufacturing. My license will not authorize any manufacturing of firearms. I am just getting a repair of existing firearms. Mr. Plumlee: Okay. And what's been your experience with firearms so far? Mr.Jessup: I was an armorer in the Marine Corps, and then my whole life, back when I first purchased my first firearm,you didn't need it. I went in at 14 years old, the Kmart and bought a firearm. I am currently self-enrolled in a program just to keep up with, this is the third time I've done it since I've been out of the Marine Corps to keep current on all rules, regulations and operations of firearms and safety training. Mr. Plumlee: I really appreciate you coming down to answer those questions. Mr.Alcaraz: All right. Any other questions for Mr. Jessup? Mr. Parks? Mr. Parks: One other thing that was mentioned in the informal is an education component for hunting. Is that something that you still plan to be doing from the house? Mr. Jessup: Yes,that is my main thing is to keep people educated, and a lot of people I find are inheriting grandpa's firearm. They do hunt,but they don't have any formal training or anything, and I want to keep them informed of safe operation and all the rules and regulations and laws for it. Mr. Parks: Thank you. I think that's just important to be on the record. Mr. Alcaraz: All right.No,that's fine. Any other questions for the applicant? Ms. Cuellar: I have a question. In the business of gunsmithing, does it also include potentially like antique or like older guns that you make a reference that sometimes families inherit firearms kind of part of your business? Mr. Jessup: Correct. And with that, there is no anything older than 50 years old, there is no license requirement. Ms. Cuellar: Thank you. Mr. Jessup: You're welcome. Mr. Alcaraz: Any other questions over here on my right? You haven't been forgotten. Just a lot of questions here on my left. Alright,no questions? Anybody? Mr. Plumlee: I'll move to approve it. Ms. Hippen: Second. Mr. Alearaz: Motion by Ms. Plumlee, and second by Ms. Hippen Madam Clerk: The vote is now open. By a vote of 10:0, the item number 9 has been approved. Mr. Alearaz: Thank you, sir. Mr. Jessup: Thank you. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris X Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The Magic Hollow Land Use Plan shall be modified to grant the use of this site as depicted in the land survey dated July 1, 1992, which is exhibited on the "Existing Site Plan" below and kept on file with the Department of Planning and Community Development, to allow for the home occupation of a gunsmithing business. 2. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container.The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 3. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 4. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 5. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 6. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 7. No more than twenty (20) percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 110 square foot room on the property. 8. There shall be no sales of any products or merchandise to the general public from the site. 9. There shall be only one (1) employee associated with this home-based business. 10. Hours of operation shall be between Tuesday and Wednesday from 5:00 p.m. to 8:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m. and limited to one (1) customer by appointment only. From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:Synopsis of Gun Safety Instruction for CUP Date: Wednesday,September 4,2024 10:19:48 AM From: Robert Jessup<robdadinvirgjniaPaol.com> Sent:Tuesday,September 3, 2024 9:19 PM To: Rachael Miller<RacMillerPvbgov.com> Subject: Re: Synopsis of Gun Safety Instruction for CUP CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments 1 unless you recognize the sender and know the content is safe. Firearms safety instruction, As far as at my home.THERE WILL BE AT NO TIME THE USE OF REAL FIREARMS OR AMMUNITION FOR INSTRUCTIONS at my residence.All instructions with firearms will be done at an authorized range only. This is ONE on ONE instruction, unless with a minor,than the Parent or a responsible adult must be present. My primary instruction will be for those using firearms for hunting. At my home there will only be Basic firearms safety,cleaning and maintenance, laws pertaining to transportation and handling of firearms instruction given.Also safety while hunting, ie.tree stand safety along with safe shooting practices while hunting. Instruction with minors will only be conducted with the Parent or responsible adult present. 1, Instruction will start with basic firearms safety and laws pertaining to transportation and handling of firearms.Two hours. 2,After completion of that point will be fundamentals of cleaning and maintaining there firearm, instruction only. No firearms used for this at my residence. 2 hours. 3,At this point any further instruction is conducted at a range. Must be 16years(minor must have parent or responsible adult present)or older and legally allowed to handle a firearm. ...At no time will I be providing a firearm for instruction,the customer must have a firearm of their own to use. At the range the customer has to bring there firearm for basic fundamentals and safety again to ensure the understanding of safe handling of firearms. I also require there to be proof of approved lock for firearms where there is a minor present in the home.Via lock, safe or other approved device.This will be a minimum 2 hour class. 4.After completion of the first three we move on to dry fire training than live fire training.Time frame for this lesson will be depend on there knowledge and understanding of firearms, can be several hours to multiple sessions. .....again all instructions of minors(16 years of age or older) must have parent or designated responsible adult present. This is the basics of a course. Again this will be on an individual basis. At no time will the handling of firearms or ammunition be used at my residence for this instruction. Please let me know if any further information required. Thankyou Robert Jessup Sent from the all new AOL apo for i0S 2937 Dante PI Virginia Beach,VA,23453 E-mail:tigerwild@hotmail.com Phone: 757-839-4255 Recommendation of the Roberts Family Business to Virginia Beach 2024, June 8 To whom it may concern, am contacting you to affirm my recommendation for Robert in his activities to start his own gunsmith services business. Robert has been my neighbor accross the street for over I 1 years at this point,and I have known him to be a very upstanding citizen. I know that he is a former Marine,and 1 connect with him by being a retire Navy person myself. I know he also enjoys creating beautiful crafts from scratch,and is a hard worker. He approched me over a month ago at this point,telling me about how he wishes to start doing business as a gunsmith from his home. I am also an entrepreneur, and am over 90%of the way toward launching my business. I fully support his actions,and want to see him succeed. I agree that his proposed business serves a legitimate need and I will definitely utilize his gunsmith services,once launched. I am familiar with Roberts training and skill level,and fully anticipate he will excel at gunsmithing. I know him to be an active huntsman. I fully expect him to be a great instructor of future generations of hunters. I have no reservations knowing that he will maintain a safe operating environment,and I fully endorse his business. Sincerely, Samuel Ray Landers June 22,2024 City of Virginia Beach, I am writing to express my full support for my neighbor,Robert,to operate a gunsmith shop from his home. I believe that Robert is a responsible individual who will adhere to all necessary regulations and safety measures while conducting his business. I have known Robert for quite some time and can attest to his integrity and dedication to his craft. I am confident that he will run his gunsmith shop in a professional manner,ensuring the safety and well- being of our community. Please consider this letter as my formal approval of Robert's endeavor to have a gunsmith shop at his residence. I trust that the city will also recognize his commitment to upholding the law and maintaining a secure environment. Thank you for your attention to this matter. Sincerely, 2933 Dante Place Virginia Beach,VA 23453 June 22,2024 Dear City of Virginia Beach, As a mother with young children residing in the neighborhood,I wanted to express my support for my neighbor,Robert,in running a gunsmith shop from his home. I have observed Robert to be a responsible and trustworthy individual who prioritizes safety above all else. Having young kids, safety is my top concern, and I have full confidence in Robert's ability to operate his gunsmith shop in a manner that ensures the well-being of our community. I believe that he will take all necessary precautions and follow the regulations diligently. I am grateful for the opportunity to provide my approval for Robert's business venture. I trust that the city will also recognize his commitment to maintaining a secure and law-abiding environment in our neighborhood. Thank you for considering my perspective on this matter. Warm regards, all� C A 5 h 1 c) CC,5,n 2933 Dante Place Virginia Beach,VA 23453 June 9, 2024 Geis 7-©/,We jZ 11V P-tA pPc-IV 3552 Boyd Rd. Virginia Beach, Va. 23453 City of Virginia Beach To whom this concerns, I have known Robert and his family for over 20 years. I used to be his neighbor. Robert was instrumental in helping introduce two Of my kids to Hunting and firearms. His knowledge and understanding of the rules and regulations around firearms has taught my kids to be safe and responsible when it comes to guns. I have also hunted with Robert for many years. He is instrumental in keeping the hunt club up to date with regulations and training. Also in insuring our guns are in safe repair for proper operation. We look forward to Robert opening a shop to where he can assist further in maintaining our guns for my kids to enjoy. His presents in our club has helped to ensure we are not only being safe and responsible hunters but also instrumental in teaching our kids to be safe and responsible as he introduces them to hunting. Sincerely yours, 6 Ph. ZT7 123-456-7890 PHONE 1234 MAIN STREET ANYTOWN, STATE ZIP ADDRESS WWW.EXAMPLE.COM June 8, 2024 2941 Dante Place Virginia Beach, Va. 23453 City of Virginia Beach Hello, I are new to the area and met Robert when we moved in. I aq stationed here in the Navy. Robert and his family seem very nice. Robert informed me he was trying to open a gunsmith shop at his house. I am fine with that and could see myself using his services. I think its a great thing to keep firearms in working order to pass on to the next generation.And his hands on training for safe and responsible gun ownership will go a long way to keeping the next generation informed and Safe. Sincerely yours, f 123-456-7890 PHONE 1234 MAIN STREET ANYTOWN, STATE ZIP ADDRESS WWW.EXAMPLE.COM June 8, 2024 Jj"CAkn �CC-kZACr 2936 Dante Place Virginia Beach, Va. 23453 City Virginia Beach I am new to the street. Robert introduced himself and promptly got right into a good conversation. He made me aware right away of his intensions to open a Gunsmith shop at his house.We talked about how handy it would be to have him right next door for my firearms needs. Looking forwards to when he is up and running. Sincerely yours, 123-456-7890 PHONE 1234 MAIN STREET ANYTOWN, STATE ZIP WWW.EXAMPLE.COM June 8, 2024 1&0—��; 2948 Dante Place Virginia Beach, Va. 23453 City of Virginia Beach We have lived on Dante Place for a few years now. Robert and his family are quite and keep to them selves. We se each other in passing as work and life keeps us busy. Robert approached me about wanting to start a gunsmith business from his home. I do not have any issue with that as it would be great having a gunsmith right next door for my needs. Sincerely yours, June 8, 2024 G.d e, I.rt C�19 tJn� 2944 Dante Place Virginia Beach, Va. 23453 City of Virginia Beach Robert and Family have been neighbors for around 11 years. They are nice people that keep to them selves. Robert approached me about him starting a gunsmith business out of the house. I told him that I have no problems with that. I may not be a customer but do not have issue with him doing that from his house. He made me aware that it would be by appointment only if there was a need for customers to come. I do not see that as an issue as he has plenty of driveway for a customer to park. Sincerely yours, IX R_7.5 7.5 77- R7-5— CD 10 ❑ per 0 ° o 0 ❑ o Do B .5 o r a o - f z B2 o g,2 1 B2, B2 cc ou lejard p gear ►n► B2 N ® Site W E -- Property Polygons Danielle Good Zoning 397 Little Neck Road, Suite 303 S Building Feet 0 4080 160 240 320 400 480 I Z �C a �) .1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANIELLE GOOD [Applicant] STAR REAL ESTATE LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 397 Little Neck, Suite 303 (GPIN 14877553730000). COUNCIL DISTRICT 8 (Taylor) MEETING DATE: September 17, 2024 ■ Background: The applicant will teach permanent makeup techniques including styles of eyebrows, eyeliner, lips, and camouflage, within an existing 1,436 square foot suite in the Little Neck Office Park. The office park is located along Little Neck Road on a property zoned B-2 Business District. According to the applicant, classes will consist of no more than 5 students per class and all student practice will be done with the direct supervision of a licensed Permanent Cosmetic Tattoo Instructor. The applicant also intends to allow licensed students to charge for services in the space. The hours of operation for both the services and classes are Monday through Wednesday from 10:00 a.m. until 3:30 p.m. and Tuesday and Wednesday from 5:00 p.m. until 9:00 p.m. No exterior changes are proposed to the building. As the use of Permanent Makeup is not being added within an existing full-service salon and the suite will be used strictly for this service a Conditional Use Permit is required. As the square footage of the suite does not exceed 7,500 an additional Conditional Use Permit for a Vocational School is not required. ■ Considerations: The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable. A vocational school for the instruction of the application of permanent makeup within an existing commercial space is not expected to negatively impact other uses within the office park or the vicinity. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Three (3) letters of opposition were received about the request stating concerns related to how the owner operates the business. ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 397 Little Neck Road, Suite 303. Danielle Good Page 2 of 2 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 4. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Opposition (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency: Planning Department City Manager: -' Agenda A•• Danielle Good Property • Office Park, Planning • • Public CouncilCity : • Project Details Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation o z "COTT RD Approval T O O Staff Planner x Madison Harris Eichholz m m F Location WX 397 Little Neck Road, Suite 303 GPIN 1487755373 Site Size a 65,588.26 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 4 a ..., Office Park/ B-2 Community Business Surrounding Land Uses and Zoning Districts Eof ir North fir R. •! K Mixed Office Use/ B-2 Community BusinessA South Mixed Office Use/ B-2 Community Business East ;. Little Neck Road ' Shopping Center/ B-2 Community Business West Municipal Office Building/B-2 Community Business Danielle Good Agenda Item 8 page 1 of 9 Background SummaryofProposal • The applicant will teach permanent makeup techniques including styles of eyebrows, eyeliner, lips, and camouflage, within an existing 1,436 square foot suite in the Little Neck Office Park.The office park is located along Little Neck Road on property zoned B-2 Community Business District. • According to the applicant, classes will consist of no more than 5 students per class and all student practice will be done with the direct supervision of a licensed Permanent Cosmetic Tattoo Instructor. • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of permanent makeup, known as microblading. Due to the size of the suite an additional Conditional Use Permit for a Vocational School is not required. • As the use of Permanent Makeup is not being added within an existing full-service salon and the suite will be used strictly for this service a Conditional Use Permit is required. • The proposed hours of the classes are Monday through Wednesday from 10:00 a.m. until 3:30 p.m. and Tuesday and Wednesday from 5:00 p.m. until 9:00 p.m. • The applicant intends to allow licensed students to charge for services in the space. These services will only take place during the proposed class hours. • No exterior changes to the building are proposed. HistoryZoning Map Key No. Request I 1 CUP (Bulk Storage Yard) Approved 12/18/2001 1 Bz 0 1 Application Types CUP: Conditional Use Permit MDP:Modification of Proffers SVR:Subdivision Variance REZ:Rezoning NON:Nonconforming Use LUP: Land Use Plan CRZ:Conditional Rezoning STC:Street Closure STR:Short Term Rental MDC: Modification of FVR:Floodplain Variance Conditions ALT-Alternative Compliance Danielle Good Agenda Item 8 page 2 of 9 Evaluation • • • The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff's opinion, is acceptable.This property falls within the Rosemont SGA which calls for the redevelopment of commercial strips into mixed-use centers. Although this project does not meet that particular goal of the SGA, it does meet other goals such as serving the growing population and diversifying the types of business in the area. A vocational school for the instruction of the application of permanent makeup within an existing commercial space is not expected to negatively impact other uses within the office park or the vicinity. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting applicable to such establishments. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. It is Staff's opinion that the proposed tattoo parlor will not result in a significant increase in traffic in this established strip shopping center as the use is consistent with typical strip shopping center uses. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 397 Little Neck Road, Suite 303. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 4. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all Danielle Good Agenda Item 8 page 3 of 9 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. .6--omprehensive Plan Recommendations This project falls within the Rosemont SGA. The primary vision for the redevelopment and design of Rosemont is to transform under-utilized property into a series of mix-use and residential development and improve public infrastructure. Based on the goals of the Rosemont SGA Master Plan, the project will help to serve the needs of the growing population in the area.Though this does not align with the main goal of the SGA, to turn commercial strips into mixed-use developments,this salon is within an appropriate commercial area and adds to the diversity of businesses and educational opportunities offered to the Virginia Beach community.This project will help bring in students and future customers into this property.This use being located within a highly residential area will promote multimodal travel.The recommendations laid out in the Rosemont SGA Master Plan align with this project's proposal. Resources • The site is located in the Chesapeake Bay Watershed. There are known historic or cultural resources that will be affected by this project. Traffic Impacts/Transportation Traffic Counts Street Name Present Volume Present Capacity Generated Traffic Little Neck Road 16,400 ADT1 32,700 ADT 1(LOS z "D") No Change Anticipated 1 Average Daily Trips z LOS = Level of Service Master Transportation Plan(MTP)and Capital Improvement Program (CIP) Little Neck Road in front of the site is a four-lane suburban arterial. There are no projects in the CIP to improve Little Neck Road. Danielle Good Agenda Item 8 page 4 of 9 Active Transportation Plan The Active Transportation Plan calls for the improvement of the existing Side path 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 This site is connected to City water& City sanitary 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 • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 15, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays,July 31, 2024 and August 7, 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 July 29, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of virginiabeach.gov/pc on August 8, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, September 3, 2024 and September 10, 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 30, 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 September 13, 2024. Danielle Good Agenda Item 8 page 5 of 9 Proposed Layout k � • r, ' + !► rn Wow OF r F tOw �R •,' Danielle Good Agenda Item 8 page 6 of 9 Proposed Floor I � r .. i i Danielle Good Agenda Item 8 page 7 of 9 Site • • FIR sx taw t i i-1:Mulu Danielle Good Agenda Item 8 page 8 of 9 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Danielle Good Agenda Item 8 page 9 of 9 oIt �Dlsdos' rii Statement ` \r' \ r� y �,. •. •!y ' �yM.j, '1•, a ,,ppe ,A t »,y, •u,ny.,,VrnkPogo �. • V _!!S •� ' . -�.~ y t,g0 1` 9 � 'A _ � } Y r�.` 'T d 4ftuninkYa ['� �y � Y� . ►g `' J�,�. ' �~ r 1' +a S .with VQAil Y`s. l : �IVS ic.st �rr g +� [�,� tlf,y, ..� jgi '1..✓.1 .y `'� .v .,i.,,',�;.-�.+ st Aev�pnlM t The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name _ ' r o' Does the applicant have a representative? ❑ Yes VNo • If yes,list the name of the representative. i Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes X No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. ,Revised 11.09,2020 1 P �A '�, -. -a - a "��-� .._, .. • � „�!" r.. �y�r"�`,.•t+ixf, ., t�•� y r �.. y,.< 3.4, ) - ��'�..'rs� � ~�+ ���ISC�OS�tI"£'.StBt@t't'1£�1�'a- w"':' r#� s s`. .s1�H� a . � � +y�• + "°�."�`. . M: a � � • �,;` n4 �' to i -r /• � �.. � ..e +(t5� pti'pDRL77 � ' �� OP *+ `iyyiFe �.lP. a• r y 61 6 • 3• fK�4r1�X1�17ut"°` "' -aa M „�,�'•• , /' 'A �.': !.. "� � IAA! ,,. ''` � n. _ ,..� .r.+�t+`�' '!Y r • '�- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea h have an interest in the subject land or any proposed development contingent on the subject public action?ElYes NO • If yes,what is the name of he official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any finanZO connection with the subject of the application or any business operating orto be operated on the property? ❑ Yes • If yes,identify the financial institutions providing the service. 2. Does the appli nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes FNO • If yes,identify the c mpany and individual providing the service. A 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 'KNO • If yes,identifythe firm and individual providing the service. n_�,A 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes )<No • If yes,identify he firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property? ❑Yes PC • If yes,identify the purchaser and purchaser's servi providers. a� Revised 11.0?.2D20 2 g • 9. ♦'., ? ... Yet .y6 1S� �, }. �� r—� a "' (•.�r�• _ 'Disclosure Statement �a ,. �� � � • � � `r• r s a. s "� Via .' "`� 'CrtJ o.Nt+p�rd•Bw� � ``:° . a# IL s, g* , : � . P. F . yr� Pining,&-COM=Wty n -� • a sl° 'r of. ins+°' '! yY° ,�a,r�,, a.., ,,:�vw ,�.�, .'"-.c a. r f� Diav 6. Does the applicant have a construction contra or in connection with the subject of the application or any business operating or to be operated on the property?ElYes O • If yes,identify the company and indi ge id providing the service. 7. Does the applicant have an engineer/surveyor/ant in o ntion with the subject of the application or any business operating or to be operated on the property? ❑ Yes • If yes,identify the firm and inddiiivid I providing the service. 8. Is the applicant receiving legal service in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ZNO • If yes,identify the firm and indivitlua providing the service. Applicant Mignature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any p lic body or committee in connection with this application. Applican ature Print Name d Tltle Date Is the applicant also the owner of the subject property? ❑ Yes l0 • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ be updated that pertains to the applications 1 ® No cho"m as of ! Date 8�29�24 7tu"' a tName Madi n Byrd Harris Eic6olz I Revised 11.09.2020 3 1 P a e Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 11 Danielle Good Recommendation: RECOMMENDED FOR DEFFERAL Discussion Mr. Alcaraz: All right. Thank you. Next item? Ms. Alcock: Agenda Item#11, Danielle Good is a conditional use permit for a tattoo parlor at 397 Little Neck Road, Suite 307 in District 8. Mr. Alcaraz: Is the applicant here? I just want you know you have 10 minutes. I didn't say at the beginning because we had some attorneys that are representing the applicant. I just want to let you know, you have 10 minutes, and the if there is a speaker, has three minutes. Ms. Good: Okay. Thank you so much, and thank you for you for letting me to speak. It's my understanding that you are wanting to defer this motion to get a conditional use permit. When I moved here in 2010, it took me three years to find a place where I could actually do permanent cosmetics in this city with B2 zoned and all the restrictions. In early or late 2015, the restrictions were taken down, and in 2016 1 was able to get a conditional use permit to open up a permanent cosmetic tattoo school. I was excited. I was so excited. I opened it. It went well. I also got another one in 2022 with another lady, and because we had to move from that building. So that was my second one. Then I got a third one in 2003,which I orchestrated. It was in somebody else's name. Now, I'm here for 2024. The reason I'm here is because I recently got unlawfully evicted, and there is another similar case going on right now with it. So, I was put out of business. I had to close down my school for 30 days. It's been really hard. So, I really ask you guys not to defer this. I really need to go through with it. I've been paying rent since May 1 st, and I'm on a little wire. If you guys do defer it that's fine too. I'll come back next month. I do ask that you don't. I just put up the signs where I was told to put them up, and I understand that it wasn't in the correct spot, the building. Again, I've been doing this profession since 2005. 1 love my job, and I just want to keep doing it, and I've been operating without being able to do permanent cosmetics. I run as a school. So there's my money right there, but I would love to be able to do permanent cosmetics where I do it, when I do it, and how I do it. I'm unable to be in my permanent suite until I do get my conditional use permit, which also hinders me from getting approved to have the GI Bill,the students be able to,who has the GI Bill to come to the school, and I can't have them come out until I'm in my permanent suite, and going by all the correct ordinances, and stuff. It's really all I have to say. Mr. Alcaraz: That's okay. Well, any questions? Mr. Plumlee, your light is on. Mr. Plumlee: Yes. So you agree that the sign was put in the wrong location? Ms. Good: I do agree that. I just put him where I was told to put him right. Mr. Plumlee: But you agree that happened? Ms. Good: Say again. Mr. Plumlee: You agree, in fact that did happen. Ms. Good: Yes, because the building was marked wrong, yes. Mr. Alcaraz: Any other questions for the applicant? All right. Thank you. At this time, we're going to call another speaker. Ms. Alcock: Yeah, we have four speakers right now, four speakers and one via Webex. So, we'll start with Cynthia Shot followed by Yuri Hee. Mr. Alcaraz: Good afternoon. State your name please. Ms. Shot: My name is Cynthia shot. Mr. Alcaraz: Okay. Thank you. Go ahead. Ms. Shot: I don't even know where to begin. I came to you guys about two and a half years ago to open up a business with Ms. Good. I was very excited. I do paramedical tattooing. So, I give 3D aerial list of cancer survivors lips to people that were bom with cleft lip, hair to girls that are have trichotillomania diseases. Ms. Good was my original teacher at the location that she spoke up on Virginia Beach Boulevard. So, when she came to me and asked me to open up a school with her, I was extremely excited because the financial possibilities of that would have been amazing for my family. I'm a single mom, and I have a kid in college or in high school at the time. So we went into business together. I taught two hours in the morning and two hours in the afternoon. I was doing my business around then, but we had to leave that location, go to a second location. Shortly, after we got into business together, there was a lot of illegal activity happening. When I confronted her about this illegal activity, I was threatened. They started putting new trespassing signs up at the shop. There was letters from lawyers threatening me to get me for defamation of character. It's one of the reasons why I was very afraid to speak up today about what I've been through in the last two years, but I feel like I owe it to anybody in the future that would go into business or partner up with this woman their lives would be in danger, that their livelihood would be completely annihilated. I didn't know when I went into business with her that she had been convicted of meth. I didn't know that I would deal with prostitution. I didn't know, I mean, I would have clients, and I would try to, you know, when you have a breast cancer that comes in, it's supposed to be serene and quiet, a healing time for them, and she would be in the next room loudly doing what she was doing, and I would confront her and she's like don't like it leave. So I went and hired a lawyer. The first lawyer I paid $300 too. He told me to mind my own business. I went to a second lawyer because at that point they were suing to get me out of the building. The second lawyer told me that it would cost me too much money to get out of business with her, asked me would I pay her off. I didn't have the money to pay her off because I had just used my life savings to go into business with her in the first place. She took the students, moved them to a second location that was not zoned for a school. She continued to teach out of the second location that was not zoned for school, and so for a short while I was safe, but she would periodically send people in. Here, I went to the police three times. When I went to the place, I found out that she had reviews online about her business. I had women coming to my shop threatening me because they thought I was also doing this with her. I had men showing up in my business all hours of the night refusing to leave. It was just two years of really bad. I also never got paid for the two months I taught. I had students calling me begging for me to help them. It was just a chaotic mess for two years. So the reason I'm here today is not to harm Ms. Good, the reason I'm here today is to protect any other teacher that she's not going to pay. Any other student that's going to take the class and be involved in this illegal activity, and any other business owner that would go into business, and live what I've lived in the last two years. Mr. Alcaraz: Okay. We've exceeded our time, but thank you for speaking. Any questions? None. Thank you. Ms. Alcock: Yuri Hee followed by Yufeng Chen. Ms. Hee: My name is a Yuri Hee. Sorry, my English is not very well. I speak very slowly. This is Yuri Hee. I work for the plastic surgeon county center, 16 years. So, I'm licensed permanent makeup instructor, and the 2019 end of the year, I cannot remember exactly the month, Ms. Good, hired me to do the teaching work. So, I did, I only get paid one time. Then after that she disappeared. I didn't get paid, and I ask around. I know she's in jail, but you know, for 14 student there. I cannot leaving them there. So, I didn't get a pay. It's 2018 February, I went to court, and she's in jail. I got a judgment that they can, I cannot give them my pay back because she's in jail. So this time, I'm really struggling because I am single mom, my son in school. So it's really hard for me. I don't know what I say, just the truth right there. The paperwork right there. Mr. Alcaraz: Okay. Thank you. Is there any questions? Thank you very much. Ms. Alcock: Our final speaker is on Webex. Yufeng Chen. They're no longer on. Then that would be all the speakers we have, and chairman, I just want to make one point. We did have another speaker signed up. She's chosen not to speak, but did want to make sure the Commission was aware that she had submitted a letter of opposition that was in your supplemental package. Mr. Alcaraz: All right. This time, I'll ask the applicant to come back up and rebuttal what was said. Ms. Good: I have always been the sole owner of Virginia Permanent Makeup Institute and Advanced Permanent Makeup Institute. I've never partnered with anybody. There's always going to be some student of a bad seed, or some student that wants to say something, and that is the case here, and you know, rounding up, and I've had over 50- 60 students. They've all been very satisfied. They've all graduated. A lot of them have gotten their state board license and to do permanent cosmetics. I also let them work out of the Institution, when I had my conditional use permit, and have my health permit, so that they can actually save money to go out on their own, and I don't charge them hardly anything to do such. Yes, I was in prison, and yes, I came out, and yes, I opened up a school again, and I'm trying to do my best, and I've done pretty good. I just ask that, you don't defer, and I ask that you don't deny. I am proud of myself. Anybody that says I didn't pay them, I paid them, but for a long time, I've been the only teacher and I've had a couple of teachers come in. It didn't work out. One of them, I wasn't even around when they were there because I was away. So I had no controlling over them being paid or anything like that. So that's all I have to say. Mr. Alcaraz: All right. Let me let me ask the commissioners any questions? None. Okay. Just have a seat. I'll close it for public input. This time we'll ask for additional discussion. Mr Plumlee? Mr. Plumlee: I wanted to make a motion to defer. If it's appropriate, I'll wait. If you'd rather have some discussion, that's fine. Mr. Alcaraz: Well, that's up to the commissioners. Any discussion? Ms. Cuellar: It's in tandem to second the motion. Once we learned that there was improper notice. I think it's important that we adhere to that process and defer this for 30 days. Mr. Alcaraz: All right. So I got a motion from Mr. Plumlee to defer and second by Ms. Cuellar. If you could just say briefly the reasons why I'm making this motion. Mr. Plumlee: So if there is all of this contest, a feeling that we heard. If we were to bypass the notice requirement, then these folks who appeared not to be your friends could appeal the ultimate approval after counsel is my understanding, and the basis being a defective notice. So it's really for the applicant's own good that the matter be deferred for 30 days, so she meets the legal notice requirement, and cannot be challenged for that reason. I just wanted to put that down. Mr. Alcaraz: Good point. Ms. Alcock: Vote is open. Thank you. By vote of 10:0 Agenda Item#11 has been recommended for 30 day deferral. Mr. Alcaraz: All right. Thank you. That concludes our formal hearing for July 10th. 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 Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell ABS Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 397 Little Neck Road, Suite 307. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 4. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Virginia Beach Planning Commission August 14, 2024 Public Meeting Item #8 Danielle Good Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: Thank you. Madam Clerk, the next agenda item #8. Applicant for item #8, please come forward. Hello again. State your name for the record. Ms. Good: My name is Danielle Good, and I'm here for a conditional use permit. Last month, I was deferred it because I didn't have my signs in the correct spot, and I've had my signs in the correct spot now. It's for a permanent makeup school, so I can operate to do also permanent makeup for services for money. Mr. Alcaraz: Okay. Any questions for the applicant? Ms. Cuellar: Hi, Ms. Good. We just did want to thank you for putting your signs in the proper location. We wanted to double check on that. So we appreciate it. If there's no comments from the commission, I do find that your application is concurrence with all the requirements. Are all the conditions meet your, do you agree with all the conditions? Ms. Good: Absolutely. I do agree, and I'm happy to follow them as well. Ms. Cuellar: We appreciate that. I move that then I'd like to move that we approve her application. Mr. Alcaraz: All right. I have a motion by Ms. Cuellar. Second by Ms. Hippen. Are there no speakers? No speakers, thank you. Any abstentions? None. Madam Clerk: The vote is now open. By a vote of 10:0, item #8 has been recommended for approval. Mr. Alcaraz: All right. Thank you. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris X Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The Conditional Use Permit for a Tattoo Parlor applies solely to 397 Little Neck Road, Suite 303. 2. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 3. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 4. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. From: Madison Byrd Harris Eichholz To: Kristin A.Bauer Subject: FW: Conditional Use Permit Information Date: Tuesday,July 9,2024 11:05:27 AM Attachments: maae001.ong Can you pretty please turn this into a pdf for me Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 1 D:757-385-8483 mbharriseichholzPyb@ov.com I lap nning.virRiniabeach.gov 2875 Sabre Street,Suite 500 1 Virginia Beach,VA 23452 W41NIA ij.% BEACH From: Danielle Price<daniellep2244@icloud.com> Sent:Tuesday,July 9, 2024 10:03 AM To: Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com> Subject: Re: Conditional Use Permit Information CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments iunless you recognize the sender and know the content is safe. was advised that Ms.Good from Advanced Permanent Makeup is applying for a conditional use permit at her new location 397 Little Neck Road suite 300 Va Beach, Va 23452. 1 would like to formally oppose her request due to the fact Ms.Good has been operating in the past few years at locations that didn't have a conditional use permit granted. She continued to practice atone location that wasn't approved by the committee after receiving a denial. I am aware of this as I was a student at the time and we worked on clients as well as she had others come in a perform services for profit on clients. She is also been operating without a health department license at these locations. have spoken to the DPOR and there is a current investigation for these events. She is currently performing services at the Little Neck location despite not being approved yet. I want to thank you in advance for your time and attention in this matter and hope that you will deny her application due to failure to comply with the rules set forth by the city . Respectfully submitted , Christina Price Sent from my iPhone On Jul 5, 2024, at 1:43 PM, Danielle Price <daniellep2244(a)icloud.com> wrote: I couldn't remember if I sent this sent this so apologize if it is a duplicate. Also she performed permanent makeup at the princess Anne location without permit as I was a student and she has several classes before and after me as well as clients <image0.png> <image1.png> Sent from my iPhone On Jul 3, 2024, at 12:38 PM, Madison Byrd Harris Eichholz <MBHarrisEichholz(cbvbgov.com>wrote: Good afternoon, have attached the current staff report for her request to operate at 397 Little Neck. It is still in the approval process and therefor the Conditional Use Permit is not issued, and she is not permitted to be operating.There is more information on this request on our Planning Website. She also did not receive a Conditional Use Permit for the other address you mentioned at 3809 Princess Anne Road. Please feel free to submit a letter of opposition to her request stating your concerns so that I can provide that to Planning Commission or come to speak at our meeting at 12 next Wednesday. If you wish to speak let me know and I can provide you with more information. Please let me know if you need anything else. Sincerely, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 1 D:757-385-8483 mbharriseichholzPvbeov.com I Iannine.vireiniabeach.Hov 2875 Sabre Street,Suite 500 1 Virginia Beach,VA 23452 <image001.png> <2024.07.10_PLN-11_Danielle Good.pdf> From: Matliwn evrd Hams Eichholz To: Enaba A.Bauer 5u1,3ect: M:Danielle Good Date: Tuesday,July 9,2024 2:22:29 PM Attachments: ce13.ona oe14 ona ae001.on^ Madison Eichholz PLANNING&COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 1 D:757-385-8483 m1bharriseirhho1169vb2ov cam I oi—r ine yireinia beach vav 2875 Sabre Street,Suite SDD I Virginia Beach,VA 23452 From:CINDY SCHOTT<schott07@aol.com> Sent:Wednesday,July 3,2024 3:50 PM To:Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com> Subject:Re:Danielle Good CAUTION:This email originated from outside of the Cityof Virginia Beach.Do not click links or open attachments unless you recognize the sender and knowthe content is safe. Yes I would like to speak but I am very scared.I will send you some evidence as to why.I have received multiple letters from lawyers saying they will sue me if I tell on Danielle good even if it's true.The men that she services have threatened my Life I have video of that too and the drug activity and the people who she associates with puts me and my child in harms way.The very last thing I sent was where she registered her business with you with the same number on her escort sites.If you type in Dani escort va beach sit of her sites come up.My lease is finally over!!!I'm feeling a little Less afraid.But if I come forward they will get me!Atso I posted her princess Ann location with people tattooing there.Even though she was told no.She registered it as a hair salon.But it was a cover for tattooing and prosecution! Sent from my WolcottIRivosIGates AJ'tV)R`it1S A'1'IAl!' Y'p 9171 4414 0935 022t 945e 88 aaL'miraat.w!! ..:{MAY ScA.:xr •.:S'rsAtc Cuxacn[`.w.*c Hcclh,V A 23F¢] Ytl My fiis+�x.Dahxfk tun'al yw3] AJ=.:c«Pcn,:zwnrMdnCirez2ax Mr:ur— MiauM Wriac th;41 nrrexs..^A+DauNc rXcd aS irr tr,.iw�s:S4xrasd t'ttmaxn ,...IMaec:lYt Ars sd ixrd J^.a Sou Mee ruffs vasrrncc saa..mierg ate.[iont mdurTa #4deh frc fsFrt,ckSt+eun+ry a,k p+rues to aal's bn S-nc<s r rYu ie5kr}wrs.vns 16i4xypt YC WiOV[!i4 t Ye!gmu hn mk 4`A cup to x1x'pn Art ctmdee a[�ke I MI ap➢N9 ,uNM«Ms�A supeesacbs tarxaaM�'^Y dcmyc+Yrws,c:larcbf sicwdwanr ul bau wtklxndutt.x(dchsrilt na:+Et takmud ud. ytr>ew ScSai a.+asry.4�nxt!'-<trrsantilq t .ab®gm,ren anrc�*t�d�x„r~.nm„����.�eK�nnmmst.< ��!1rRau11t4A'oa�e7. � � rt#ryaerr+unwm in mn irumr 'a � dGtfl1 L.as5>k r 1 � ADVANCED tPERMANENT : �� MAKEUP INSTITUTE ' Permanent Cosmetic and Master ;.1; ,# � Pennartont Cosmetic Tattoo Training l"'�. *�'�` Become a t/irgmia Ucensed ,�� Cosmetic Tattooist `'� 757-9a4-5321 /757-762-8346 `' °.iAY AND EVENING GLASSES , `• AND � FINHNCING AVAILABLE �,$ 62at Pwtwe[wR AtaH[Rra ` Mrww theapmi com 1, ` y Advanced Permanent.. 00 +-.- Posts Reviews Photos Communit Advanced Permanent Makeup - "' Institute is?'feeling excited. , si &.WE ARE MOVING THIS WEEKEND!00 APMI is EXTREAMLY excited to FINALLY announce and show oft our new buitding!!!! I NEW CLASSES START EVERY MONTH,ENROLL NOW AND TAKE THE NEXT STEP INTO YOUR CAREER!! r.�.n.m k ...rite s m4:�•tt�, 1" www.theapmi.com t Advanced Permanent Makeup... f Wle Good 43 J"We Romano your great F. Advanced Permanent Makeup Institute advanced-permanent- makeup-institute.busines... Several charged in Hampton Roads meth mail distribution operation 16 5:2d <® D—M Good Exactly when have I had sex while students are around? SINCE THE STUDENTS STARTED?I think you may be assuming some things that are not correct?? Glad we are on the same page though. Cindy do you understand that I'm pretty done with that due to the school.? 5:24 <0 (NNN Good O i !4e sex k vow rwn,Or try to keop is h&VWN sex In the tmve to go to ow to expimn 10 them Why oerause you could twe ixoom Waffs Or last n-dav wtwn You were busy truepeoplesearch.com hti ps://www.truepeoplesearc h.corn Danielle Good, Age 51 - Lives in Virginia Beach, VA, (623) 202-2313 Profile for Danielle Good,5' ^' , r_^'.:;living in Virginia Beach,VA with the phone number(623) 202-2313.More details available. ® The Erotic Review https:/Iwww.t heeroti creview,corn Dani \'lrginia Bea(,;1, \/A escort reviews Phone: (623) 202-2313 Review Of Dani 6;g�nia Beach.VA f:scort reviews Phone:(623)202-23 i s i T � 168594.Website- http://www.skipsweb.com/profiles/168594.html....0 r Age 40 cum In moh ICIM) ` ;,kiNE MESSAGE daniElla escort Virginia All Images News Videos Maps Shopp ® The Erotic Review h.ftpsl/wwv..theeroticrewew.com DaniElla Virginia Beach,VA escort reviews I Phone:(919)396-3708— Review Of DaniElla Virginia Beach,VA escort reviews Phone:(919)396-3708 Email: danielleeliagood@gmail.com I TER ID:352065. t adys.One https://Iaclys.one-northern-v�rqrr-. - DaniElla,escort in Northern Virginia- Ladys.One DaniElla in Northern Virginia escort girl.Photo,phone number,price,reviews.Escort services:Female_Escort -booking at Ladys One. httpsJAadys.one-dantelia-qq 6A. LAR "!B l!S_k• _,S. __ Y� SI�YhP Yam- Y - •�su w"`—sue General Infornnatwn M Ynkft .q Y .—,ft h+E0rN1 YOebaf lepar New WlMee alai EmYI Grgl4e/aEaw�grriiti.:ern CNr ft—aerh. Phone t41413 31W IMM/Oulu4 Inu44Arlue On tmt vei vorn sur Nc xr..ee mnsaEe O&W(ny S-0 None •aMerMlC+t��.. .ice. >On Jut 3,2024,at 1:28 PM,Madison Byrd Harris Eichholz<M 5HarnsE1chholz(avb ov.com>wrote: >Thank you so much Cindy.I understand your concern about confrontation but if you would Like to speak on this item next week at our planning commission meeting either in person or virtually,if you are more comfortable,please let me know and I will get you signed up. >Thank you, >Madison Eichholz >PLANNING&COMMUNITY DEVELOPMENT >Development Liaison Planner >0:757-385-4621 1 D:757-385-8483 >mbharriseichholz(@vbgov.com I planning.virginiabeach.gov >2875 Sabre Street,Suite 500 1 Virginia Beach,VA 23452 >-----Original Message----- >From:CINDY SCHOTT<schotl07(&aot.com> >Sent:Wednesday,July 3,20241:14 PM >To:Madison Byrd Harris Eichholz<MBHarnsEichholz(&vbcov com> >Subject:Danielle Good >CAUTION:This email originated from outside of the City of Virginia Beach.Do not click Links or open attachments unless you recognize the sender and know the content is safe. >My name is Cindy Schott and my teacher Danielle Good approached me and ask me to go into business with her to open a school.We came to the zoning commission and I also attended the counsel meeting and we were given permission to do business at 522 south independence Blvd suite 105 va beach va 23452.We started out with 10 students 1 taught for about 4 weeks.I came to the shop one night to get my schedule book and heard very loud sex sounds coming from our office.the next day I confronted Danielle.She said it was just her boyfriend,about a week later I was tattooing a client and once again they were very loud sex sounds coming from her office.I was mortified after my client left.I confronted Danielle once again,she told me it was just her boyfriend.The next day,I was approached by another business owner in the building and they complained about all these sex sounds coming from Daniel's office.I said I'm really sorry she has anew boyfriend and obviously they are very in love.at that point.The business owner told me that washer fifth boyfriend today,and that my business partner indeed was a prostitute.I confronted Danielle good and she told me to mind my own business two days later I was told to leave the building and that she did not want to be in business with me anymore.I am the one that paid for everything of open the business because she was broke,I was a single mom with a child and simply couldn't walk away from my business and I had also signed a two year lease.So I went to the police the police found multiple prostitution sites with reviews and pictures.I took screen shots of those sites.They told me to go home they would investigate.The next three months was riddled with lawsuits three different letters from three different attorneys.So I hired an attorney.It was at that time that my attorney informed me that Danielle had been in prison for three years for selling meth.It was also at that time that she moved to a second location and took all the students with her.she never conducted business at 522 South independence again,she rented out the rooms but still used my address to conduct business at her second location,where she set up a school and permanent makeup studio.She tried but was unable to get zoning but continued to work there until they evicted her.Danielle good has erased my business from google on three different occasions.Removing years of good reviews I almost went bankrupt.I had to get a protection order at one point to protect myself.6 months before our lease was up I was contacted by a woman who was hired by Daniel Good to be her teacher.She taught for four months with no pay.She sued Danielle and won.But never received the money.Two months before our lease was up I was contacted by another student of Daniel's who had rented a room and was also dealing with the exact same things that I had been dealing with.I am contacting the zoning commission because I would like to protect myself from an illegal activity that she's associated with,and also try to protect any more small business owners that she goes into business with,and any more teachers that she hires are not going to be paid.I now have a new lease without Danielle Goods name on it.I am insured,I am licensed,I have a health inspection and I am trying to get my life back on track without anymore threats to my business family and well being.I have screen shots of all conversations about the prostitution. I have all the threatening letters from the attorneys,all the lawsuits all the harassment.Everything has been recorded.If you need proof of these,I will gladly make you copies thank you in advance for what you do for the city of Virginia Beach.I am grateful for being allowed to conduct business,I am now a paramedical tattoo artist,helping cancer patients with 3-D areolas and bum victims with scars,etc.etc.may God bless you,as you navigate this chaotic mess.I would have reached out sooner,but with all the threatening letters from the lawyers,I was afraid. >Sincerely Cynthia Schott >757-754-7085 >PS I reached out to the commonwealth attorneys office yesterday and relayed everythingthat I havejust told you. From: Madison Byrd Harris Eichholz To: Kristin A.Bauer Subject: FW:Danielle Good Date: Wednesday,3uly 3,2024 1:20:48 PM Madison Eichholz PLANNING&COMMUNITY DEVELOPMENT Development Liaison Planner 0:757-385-4621 1 D:757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street,Suite 500 1 Virginia Beach,VA 23452 -----Original Message----- From:CINDY SCHOTT<schott07@aol.com> Sent:Wednesday,July 3,2024 1:14 PM To:Madison Byrd Harris Eichholz<MBHarrisEichholz@vbgov.com> Subject:Danielle Good CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Cindy Schott and my teacher Danielle Good approached me and ask me to go into business with her to open a school.We came to the zoning commission and I also attended the counsel meeting and we were given permission to do business at 522 south independence Blvd suite 105 va beach va 23452.We started out with 10 students I taught for about 4 weeks.I came to the shop one night to get my schedule book and heard very loud sex sounds coming from our office. the next day I confronted Danielle.She said it was just her boyfriend, about a week later I was tattooing a client and once again they were very loud sex sounds coming from her office.I was mortified after my client left.I confronted Danielle once again,she told me it was just her boyfriend.The next day,I was approached by another business owner in the building and they complained about all these sex sounds coming from Daniels office.I said I'm really sorry she has a new boyfriend and obviously they are very in love.at that point. The business owner told me that was her fifth boyfriend today,and that my business partner indeed was a prostitute. I confronted Danielle good and she told me to mind my own business two days later I was told to leave the building and that she did not want to be in business with me anymore.I am the one that paid for everything of open the business because she was broke,I was a single mom with a child and simply couldn't walk away from my business and I had also signed a two year lease.So I went to the police the police found multiple prostitution sites with reviews and pictures.I took screen shots of those sites.They told me to go home they would investigate.The next three months was riddled with lawsuits three different letters from three different attorneys.So I hired an attorney. It was at that time that my attorney informed me that Danielle had been in prison for three years for selling meth.It was also at that time that she moved to a second location and took all the students with her.she never conducted business at 522 South independence again,she rented out the rooms but still used my address to conduct business at her second location,where she set up a school and permanent makeup studio.She tried but was unable to get zoning but continued to work there until they evicted her.Danielle good has erased my business from google on three different occasions.Removing years of good reviews I almost went bankrupt.I had to get a protection order at one point to protect myself.6 months before our lease was up I was contacted by a woman who was hired by Daniel Good to be her teacher.She taught for four months with no pay.She sued Danielle and won.But never received the money.Two months before our lease was up I was contacted by another student of Daniels who had rented a room and was also dealing with the exact same things that I had been dealing with.I am contacting the zoning commission because I would like to protect myself from an illegal activity that she's associated with,and also try to protect any more small business owners that she goes into business with,and any more teachers that she hires are not going to be paid.I now have a new lease without Danielle Goods name on it.I am insured,I am licensed,I have a health inspection and I am trying to get my life back on track without anymore threats to my business family and well being.I have screen shots of all conversations about the prostitution.I have all the threatening letters from the attorneys,all the lawsuits all the harassment.Everything has been recorded.If you need proof of these,I will gladly make you copies thank you in advance for what you do for the city of Virginia Beach.I am grateful for being allowed to conduct business,I am now a paramedical tattoo artist,helping cancer patients with 3-D areolas and burn victims with scars,etc.etc.may God bless you,as you navigate this chaotic mess.I would have reached out sooner, but with all the threatening letters from the lawyers,I was afraid. Sincerely Cynthia Schott 757-754-7085 PS I reached out to the commonwealth attorneys office yesterday and relayed everything that I have just told you. �w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT A NEW OFFICIAL ZONING MAP, WHICH SHALL REPLACE THE EXISTING OFFICIAL ZONING MAP, DUE TO A CHANGE IN THE COMPUTER MAPPING FORMAT USED TO STORE THE MAP DATA AND DEVELOP THE PRINTED COPIES. THERE ARE NO CHANGES TO THE ZONING DISTRICTS OR THEIR EXISTING LOCATIONS BETWEEN THE CURRENT AND PROPOSED MAPS. MEETING DATE: September 17, 2024 ■ Background: The Zoning Administration is proposing to update the current city zoning map software from ArcMap 10.8 to ArcGIS Pro 3.3 to improve staff maintenance processes and user experience. The current software, ArcMap 10.8, is currently being phased out completely, ultimately making this upgrade a necessity. Additionally, the new software, ArcGIS Pro 3.3, will streamline map maintenance processes by combining the zoning layer shape and instrument number reference MXDs into a singular MXD. ■ Considerations: The zoning districts and their data will not be altered by the upgrade in map software. Current map software is outdated and unable to meet the needs of zoning and tech staff. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. The link to access the current zoning grid map is: https://s3 us east-1 amazonaws com/virginia-beach-departments- docs/planninq/Zoning/Maps/zoning-grid-reference-map.pdf. There is no known opposition to this request. ■ Recommendation: On August 14, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 10-0. ■ Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: f49 1 AN ORDINANCE TO ADOPT A NEW OFFICIAL 2 ZONING MAP 3 4 WHEREAS, the public necessity, convenience, general welfare and good zoning 5 practice so require; 6 7 WHEREAS, the City of Virginia Beach has determined to change the computer 8 mapping format used to store and print the maps and other data contained in the official 9 zoning map; and 10 11 WHEREAS, no district boundaries or other substantive data have been changed on 12 the new zoning map; 13 14 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That the official zoning map of the City of Virginia Beach be, and hereby Is, 18 readopted, as shown on a series of sheets that have been marked and identified as such, 19 having been displayed before the City Council this date, and on file in the Department of 20 Planning and Community Development. 21 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: Planning Department CI y Attorney's Office i CA16604 R-1 July 22, 2024 Agenda PlanningApplicant: City of Virginia Beach Commission Public Hearing: August 14, 2024 vs� Zoning . Amendment Request An Ordinance to adopt a new Official Zoning Map shall replace the existing Official Zoning Map due to a change in the computer mapping format used to store the map data and develop the printed copies. This change will improve map maintenance processes and streamline updates to the maps. The action will update the official zoning map software and address underlying accessibility issues but will not change the actual map content regarding zoning information. RequestSummary of Resolution of the City of Virginia Beach in accordance with Section 102 (b)(3) of the City Zoning Ordinance to replace certain official zoning maps without change in official zoning designation,to facilitate their software upgrade as needed.The current software utilized by the City's zoning map is outdated and requires an upgrade. It is requested that the underlying map software be upgraded from ArcMap 10.8 to ArcGIS Pro 3.3 to address current efficiency and usability issues.The existence of ArcMap 10.8 is currently being phased out, so the need for this upgrade is unavoidable. The current software has begun the sunset process with an anticipated end in the second quarter of fiscal year 2026. The newer software is faster, will allow map maintenance to be more efficient, and the user experience more pleasant. Additionally, section 508 of the Rehabilitation Act, a federal law, requires all state agencies to make their websites, software, information technology, and other digital assets be accessible to individuals with disabilities. This requirement applies to all the City's online documents; therefore, the official zoning map must be updated to comply with the necessary accessibility requirements. No information within or related to the zoning map will be altered through these updates.The software upgrade and features needed to ensure the map achieves accessibility goals will be added while the actual content of the map and its information will not change in any way. Recommendation Staff recommends approval of this update.The intent of this request is to upgrade map software and improve map accessibility, the content and information within the map will remain the same. City of Virginia Beach Agenda Item 1 page 1 of 2 Virginia Beach Planning Commission August 14, 2024 Public Meeting Item # 1 City of Virginia Beach —Zoning Map Amendment Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Today, we have five items on the consent agenda. These are applications that are recommended for approval by staff, and the Planning Commission concurred, and there are no speakers signed up in opposition. The first agenda item is agenda item#1,City of Virginia Beach. We have our zoning administrator, Mr. Kemp, speaking on behalf of this agenda item. Mr. Kemp: Thank you, Chairman,Vice-Chair,members of the Commission. This first item is one you don't see very often, but it is the adoption of a new zoning map. Section 102(b)(3) gives City Council the authority to adopt a new zoning map,but I will say that nothing substantive can change. We are able to correct omissions or errors, but no zoning districts or boundaries are changed, so it will be the same zoning map that exists just in a new format. The reason we are doing this is we have new software. We are updating from ArcMap 10.8 to ArcGIS 3.3, and we are also making it ADA compliant. We have come a long way where we used to have maps, and have someone sit there and color in the zoning districts. Now, we are entering an era where our zoning maps will be interactive and have data embedded in them. It'll have links to city council action. It'll make it more user friendly, easier to read, and you'll better be able to distinguish information. The new software will make it exponentially faster and more reliable, and the PDF that's posted online will be ADA compliant. It will also be a layer on VB maps, which is the software that staff most uses to research and the public has access to. So that will increase the amount of information available. This is a yearlong effort that Planning embarked on with IT. We are very happy with the outcome, and think that it will be a better, more usable,friendly,ADA compliant document. So with that,I stand by for any questions. Ms. Cuellar: If there are no questions or opposition,I'll recommend this go on the consent agenda. Mr.Kemp: Thank you,Vice Chair. Ms. Cuellar: Thank you very much. Mr.Chairman,that was the last item on the consent agenda. The planning Commission will now place four items on the consent agenda. Items#1,4,7,and 11. Mr. Alcaraz: Thank you,Vice Chair. Do I have a motion to approve the consent agenda as read by the Vice Chair? Motion by Mr. Plumlee, and second by Ms. Hippen. Madam Clerk: The vote is now open. By a vote of 10 to 0, consent agenda items#1,4, 7, and 11 have been recommended for approval. Mr. Alcaraz: All right,thank you. Those items that were approved,You can get with your planning representative, and they'll tell you when you'll be seen at City Council. Thank you for coming. Vote Tali AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE ABS Estaris Hi en AYE Mauch AYE Parks AYE Plumlee AYE M. APPOINTMENTS AGRICULTURE ADVISORY 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 HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION 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 O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents)is available at hlWs:Hclerk.virginiabeach. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(&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/rd6c3f6b39dl e8fbeffa73fc5376848b6 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on September 17, 2024. CITYOF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:09/03/2024 PAGE: I R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION V'01 1 1 R Y N K D F N R N N I. CITY MANAGER'S BRIEFINGS A. ZERO WASTE AWARENESS WEEK Maury Hill,Chair— (Requested by Vice Mayor Wilson and Virginia Beach Council Members Berlucchi,Hutcheson, Clean Community Ross-Hammond,Rouse and Schulman) Commission Terry Stevens,Vice Chair—Virginia Beach Clean Community Commission B. REVIEW OF THE VIRGINIA AQUARIUM Lyndon Remias, &MARINE SCIENCE CENTER City Auditor (Requested by Council Members Henley, Taylor and Wooten) II CITY MANAGER'S BRIEFINGS A. ECONOMIC DEVELOPMENT Amanda Jarratt, INVESTMENT PROGRAM(EDIP)POLICY Deputy City UPDATE AND PROPOSED SMALL Manager BUSINESS GRANT PROGRAM B. PENDING PLANNING ITEMS Carrie Bookholt, Deputy Director— Planning III: CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 VII. A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 1 1-0 Y Y 1 1 1' Y Y Y 1" Y 1" August 13,2024 2• INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y A l Y 1' 1" 1 1 Y August 20,2024 B S T A 1 N E D 3. FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y August 27,2024 A B S T 1 I N D CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:09/03/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITFNI= SUBJECT MOTION VOTE I R Y N K D F N R N N 11. MAYOR'S PRESENTATIONS 1. ZERO WASTE AWARENESS MONTH ADDED _. 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 3. PROCLAMATION—Childhood Cancer Awareness Month Patty Furco J.1. Ordinance to AMEND City Code Section 21- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 230 re traffic calming CONSENT J.2. Ordinance to AMEND various Federal Grant ADOPTED,BY II-0 Y Y Y Y Y Y Y Y Y 1 1' Programs administered by the Department of CONSENT Housing and Neighborhood Preservation J.3. Ordinance to PROVIDE direction to the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A Manager regarding the partnership with the CONSENT B Virginia Aquarium Foundation and S AUTHORIZE a Cost Share Agreement re T Facility Inspection Contract A I N E D J.4. Ordinance to EXTEND the date for satisfying ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions re closing a 334 square foot CONSENT portion of an unimproved right-of way adjacent to the rear of 317 45"Street J.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a City-owned right-of-way CONSENT 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 .1.6. Resolution to APPROVE the FY-2025 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' Performance Contract with the Commonwealth CONSENT 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 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:09/03/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION V01 F 1 R Y N K D E N R N L N J.7. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE a Memorandum of CONSENT 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 J.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $22,500 from the Virginia Department of CONSENT 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 J.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 l }" }" }" Y Y Y Y Y Y } $4,280 from the Virginia Department of CONSENT 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 J.10 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y 1 Y Y Y Y Y Y } $1,500 from the Virginia Department of CONSENT Forestry to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $1,500 local match re Wesleyan Park Tiny Forest Project J.11. Ordinance to CARRY FORWARD and ADOPTED,BY 1 1-0 Y Y }" Y Y Y }' Y Y APPROPRIATE $6,463,792 into the FY CONSENT 2024-25 Operating Budget re purposes previously approved in FY 2023-24 J.12 Ordinance to TRANSFER $8,441,844 to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Capital Project 100291 "Operations Facilities CONSENT 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.1. THALIA PLAZA, LLC for a Conditional APPROVED/ 8-2 Y Y N l" Y Y Y Y N Y A Change of Zoning from B-2 Community CONDITIONED/ B Business&R-513 Residential Duplex District PROFFERED S to Conditional B4 Mixed Use Business T District and a Variance to Section 4.4(b)ofthe A Subdivision Regulations re redevelop two I parcels and develop a 4-story mixed use N building at 4317 Virginia Beach Boulevard E and 216 North Fir Avenue DISTRICT 4 D Deferred from August 20 2024 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:09/03/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJEC'l MOTION vOl L I R Y N K D E N R _LJ N K2. GREEN CLEAN HOLLAND,LLC/ALP& WITHDRAWN,BY 1 1-0 Y Y Y Y Y Y Y Y 1' Y Y ALEX ASLAN for a Conditional Use Permit CONSENT re car wash facility at 4245 Holland Road DISTRICT 10 (Deferred from August 20, 2024) K.3 DIAMOND FARROW / STAR REAL DENIED 10-0 Y Y Y l Y Y 1' Y A ESTATE, LLC for a Conditional Use B Permit re assembly use at 4604 Pembroke S Lake Circle, Suite 104 DISTRICT 9 T (Deferred from August 20,2024) A 1 N I( D L. APPOINTMENTS RESCHEDULED 10-0 Y 1" 1 A \ Y Y Y Y Y 1' AGRICULTURE ADVISORY 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 HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION 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 ACTIVE TRANSPORTATION ADVISORY Appointed: 10-0 1" 1" 1 A 1" Y Y COMMITTEE Catherine Seebauer 3 Year Term 9/3/2024—8/31/2027 ADVERTISING ADVISORY COMMITTEE Appointed: 10-0 Y Y 1' A 1' Y Y Sanjay Patel— Representing VB Restaurant Association not in the Resort Area 3 Year Term 9/3/2024—8/31/2027 \RTS AND HUMANITIES COMMISSION Appointed: 10-0 1 1 1 A Christopher Balmer Unexpired term thru 7/31/2025 +4 Year Term 8/1/2025—7/31/2029 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S I3 I1 S I U S DATE:09/03/2024 PAGE: 5 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N_L N GREEN RIBBON COMMITTEE Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y James Reidy— Representing Environmental Attorney 3 Year Term 9/3/2024—8/31/2027 Reappointed: Roy Flanagan— Representing Agriculture Chris Freeman— Representing Environmental Community Albert Henley— Representing Citizen Member Barbara Henley— Representing City Council Member Harold Jones- Representing Environmental Community Emily Steinhllber- Representing Environmental Consultant 3 Year Term 11/l/2024—10/31/2027 HISTORICAL REVIEW BOARD Appointed: l 0-0 1' 1' 1' A Y Y Y Y Y Y Y Florence Reese Unexpired term thru 12/31/2024 +3 Year Term I/1/2025—12/31/2027 Vincent Lyons 3 Year Term 9/3/2024—8/31/2027 HISTORIC PRESERVATION COMMISSION Reappointed: I0-U Y Y Y A Y Y Y Y Y Y Y Steven McNaughton— Registered Architect Richard Poole— Registered Architect .lames Vachon 3 Year Term 11/l/2024—10/31/2027 I IUMAN RIGHTS COMMISSION Appointed: a-n Y Y Y A Y Y Y Y Y Y l Miluska E. Carlevarino Zegarra Unexpired term thru 3/31/2026 OPEN SPACE ADVISORY COMMITTEE Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Jenny Perry Unexpired term thru 5/31/2028 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:09/03/2024 PAGE: 6 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Shea DeBerry 4 Year Term 9/3/2024—8/31/2028 M UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:15 PM OPEN DIALOGUE 4 SPEAKERS 7:27 PM